Terms of Service

By accessing or using NestClearly ("the Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform. These Terms apply to all users of the Platform, including sellers, buyers, park managers, lenders, movers, and visitors. These Terms constitute a legally binding agreement between you and NestClearly.

You must be at least 18 years of age and legally capable of entering into binding contracts under applicable law to use this Platform. By using NestClearly, you represent and warrant that you meet these requirements. The Platform is not directed to individuals under the age of 18. We do not knowingly collect personal information from anyone under 18, in compliance with the Children's Online Privacy Protection Act (COPPA). If we learn that we have collected personal information from a user under 18, we will delete that information promptly. If you are using the Platform on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

NestClearly is an online marketplace that connects private sellers and buyers of manufactured homes, and provides tools, resources, and directories related to manufactured home ownership, financing, transportation, and community placement. NestClearly is not a party to any transaction between buyers and sellers. We are not a real estate broker, dealer, agent, mortgage lender, appraiser, financial advisor, or legal advisor. We do not represent buyers or sellers in any transaction, and we bear no responsibility for the quality, safety, legality, or any other aspect of homes listed on the Platform. NestClearly does not guarantee that any transaction will be completed. All negotiations, agreements, payments, and transfers of property occur directly between users. You acknowledge that NestClearly has no control over and is not responsible for the conduct of any user, the condition of any home, or the accuracy of any information provided by users.

To list a home or access certain features, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account. You agree to provide accurate, current, and complete information when creating your account and to update that information as necessary. You may not create accounts under false or misleading identities, create multiple accounts for deceptive purposes, or share your account credentials with third parties. NestClearly reserves the right to suspend or terminate accounts that contain false or misleading information, are used in violation of these Terms, or for any other reason at our sole discretion.

By submitting a listing, you represent and warrant that: • You are the legal owner of the home or are duly authorized by the owner to list it for sale. • All information in your listing is accurate, complete, and not misleading. • The home is legally available for sale and is not subject to any undisclosed liens, encumbrances, title defects, or legal disputes. • You will comply with all applicable federal, state, and local laws regarding the sale of manufactured homes, including but not limited to title transfer requirements, disclosure obligations, and tax requirements. • You will promptly update or remove your listing if the home is sold or is no longer available. • Your listing does not violate the Fair Housing Act or any applicable anti-discrimination laws. Listings may not express a preference, limitation, or discrimination based on race, color, religion, sex, familial status, national origin, disability, or any other protected class under federal, state, or local law. NestClearly reserves the right to remove any listing that violates these rules or that we determine, in our sole discretion, is inappropriate, fraudulent, discriminatory, or harmful to other users, without notice or refund.

Listing fees are charged as described on our Pricing page. All fees are non-refundable except as expressly stated in our refund policy or as required by applicable law. All payments are processed through our third-party payment processor, Stripe. By making a payment, you also agree to Stripe's terms of service. NestClearly does not store your full payment card details. NestClearly may receive referral fees or commissions from lenders, movers, or other service providers listed on or connected through the Platform. Where such relationships exist, they are disclosed in accordance with Federal Trade Commission (FTC) guidelines. These relationships do not affect our editorial independence or the information displayed on the Platform.

"User Content" means any text, photographs, descriptions, data, or other materials that you submit, upload, or transmit through the Platform, including listing information and messages. You retain ownership of your User Content. However, by submitting User Content to the Platform, you grant NestClearly a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, display, distribute, and modify your User Content solely in connection with operating, promoting, and improving the Platform. This license continues for as long as your User Content remains on the Platform and for a reasonable period after removal to account for caching and backup systems. You represent and warrant that you own or have the necessary rights and permissions to submit your User Content and to grant the license described above, and that your User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party. NestClearly may, but is not obligated to, review, monitor, or remove User Content at our sole discretion and without notice.

You agree not to: • Post false, misleading, or fraudulent listings or information. • Discriminate against any person or group in violation of the Fair Housing Act or any other applicable anti-discrimination law. • Use the Platform to harass, threaten, stalk, or harm other users. • Send unsolicited commercial messages or spam through the Platform's messaging system, in violation of the CAN-SPAM Act or applicable state laws. • Scrape, copy, data-mine, or reproduce Platform content without written permission. • Use automated tools, bots, crawlers, or scripts to access or interact with the Platform. • Attempt to circumvent, disable, or interfere with any security features of the Platform. • Reverse-engineer, decompile, or disassemble any part of the Platform. • Interfere with or disrupt the Platform's infrastructure, servers, or networks. • Impersonate any person or entity or misrepresent your affiliation with any person or entity. • Use the Platform to facilitate money laundering, fraud, or any other illegal activity. • Use the Platform for any unlawful purpose or in violation of any applicable federal, state, or local law. Violation of this section may result in immediate account termination, removal of content, and referral to law enforcement where appropriate.

The Platform and its entire contents, features, and functionality, including but not limited to all text, graphics, logos, icons, images, audio, video, software, data compilations, and the design, selection, and arrangement thereof, are owned by NestClearly, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The NestClearly name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NestClearly. You may not use such marks without our prior written permission. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Platform, except as incidental to normal web browsing or as expressly permitted by these Terms.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NestClearly does not warrant that the Platform will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Platform or the servers that make it available are free of viruses or other harmful components. NestClearly makes no warranties or representations regarding the accuracy, completeness, reliability, or timeliness of any listing, valuation estimate, lender information, or other content on the Platform, whether provided by NestClearly or by third parties. Valuation estimates provided by our Home Valuation Estimator are approximations only and should not be relied upon as professional appraisals. Always consult a qualified appraiser for a formal valuation. Information about lenders, financing options, and loan terms is provided for educational purposes only and does not constitute financial advice or a commitment to lend. Always consult a qualified financial advisor before making financing decisions. State-specific legal guides and resources are provided for informational purposes only and do not constitute legal advice. Always consult a qualified attorney for legal guidance specific to your situation. NestClearly does not verify the identity of users, the ownership of listed properties, the accuracy of listing information, or the condition of any home. Users are solely responsible for conducting their own due diligence before entering into any transaction.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NESTCLEARLY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO: • Your use of or inability to use the Platform. • Any transaction or interaction between users of the Platform. • Any content, information, or listings provided on or through the Platform. • Unauthorized access to or alteration of your transmissions or data. • Any conduct of any third party on the Platform. • Any other matter related to the Platform. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF NESTCLEARLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Our total aggregate liability to you for all claims arising from or related to your use of the Platform shall not exceed the greater of (a) the total amount you paid to NestClearly in the twelve (12) months preceding the claim, or (b) fifty dollars ($50.00). Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless NestClearly, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, actions, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: • Your use of the Platform or any activity under your account. • Your User Content, including any listing you submit. • Your violation of these Terms or any applicable law. • Your violation of any third party's rights, including intellectual property, privacy, or publicity rights. • Any transaction you enter into with another user of the Platform. • Any dispute between you and another user. NestClearly reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and NestClearly agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform ("Dispute") shall be resolved through binding individual arbitration, except as set forth below. This agreement to arbitrate is intended to be broadly interpreted. Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or by another mutually agreed-upon arbitration provider. The arbitration shall take place in the state where NestClearly is incorporated, or at another mutually agreed location, or via telephone or video conference if agreed upon by both parties. CLASS ACTION WAIVER: YOU AND NESTCLEARLY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. EXCEPTIONS TO ARBITRATION: Either party may bring an individual action in small claims court for disputes within the court's jurisdiction. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. OPT-OUT: You may opt out of this arbitration agreement by sending written notice to contact@nestclearly.com within 30 days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement. If the arbitration agreement is found to be unenforceable, or if you validly opt out, you and NestClearly agree to submit to the exclusive jurisdiction of the federal and state courts located in the state where NestClearly is incorporated.

NestClearly may, in its sole discretion, suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including but not limited to: • Violation of these Terms or any applicable law. • Conduct that is harmful to other users, third parties, or NestClearly's business interests. • Requests by law enforcement or government agencies. • Extended periods of inactivity. • Technical or security issues. Upon termination, your right to use the Platform will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7 (User Content and License), 9 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution and Arbitration), and 17 (Governing Law). NestClearly shall not be liable to you or any third party for any termination of your access to the Platform.

The Platform may contain links to third-party websites, services, or resources, including but not limited to lenders, movers, manufactured home communities, and other service providers. These links are provided for your convenience only. NestClearly does not control, endorse, or assume any responsibility for the content, privacy policies, practices, products, or services of any third-party websites or services. You acknowledge and agree that NestClearly is not responsible or liable for any damage or loss caused by or in connection with the use of any third-party content, goods, or services. Your interactions with third-party providers found on or through the Platform are solely between you and the third party. We strongly encourage you to review the terms and privacy policies of any third-party site or service before providing your personal information or entering into any transaction.

By creating an account on NestClearly, you consent to receive electronic communications from us, including but not limited to account notifications, inquiry alerts, listing status updates, and promotional messages. These communications may be sent via email or through notices posted on the Platform. You may opt out of promotional communications at any time by clicking the "unsubscribe" link in any promotional email or by adjusting your notification preferences in your account settings. Opting out of promotional communications does not affect our ability to send you transactional or account-related communications. All electronic communications from NestClearly comply with the CAN-SPAM Act and applicable state laws governing electronic communications.

These Terms and any dispute arising from or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. To the extent that the arbitration agreement in Section 13 does not apply, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the State of Florida for the resolution of any disputes.

NestClearly shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war or terrorism, epidemics or pandemics, government actions or orders, power or internet outages, third-party service provider failures, cyberattacks, or other force majeure events. During any such event, our obligations under these Terms shall be suspended for the duration of the event, and we will use commercially reasonable efforts to resume performance as soon as practicable.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

These Terms, together with our Privacy Policy and any other legal notices or policies published by NestClearly on the Platform, constitute the entire agreement between you and NestClearly regarding your use of the Platform and supersede all prior and contemporaneous agreements, proposals, and communications, whether written or oral, between you and NestClearly regarding the Platform. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure by NestClearly to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at nestclearly.com/privacy to understand how we collect, use, and protect your personal information.

NestClearly reserves the right to modify these Terms at any time. When we make material changes, we will notify registered users by email and post a prominent notice on the Platform at least 30 days before the changes take effect. Non-material changes may take effect immediately upon posting. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and may request deletion of your account.

If you have questions, concerns, or complaints about these Terms or the Platform, please contact us at: NestClearly Email: contact@nestclearly.com Website: nestclearly.com/contact For legal notices, please send correspondence to the email address above with "Legal Notice" in the subject line.