Terms and Conditions
Effective Date: September 22, 2025
Last Updated: September 22, 2025
Overview and Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the provided applications, features, services, technologies, and software ("Website"), a platform that facilitates, among other things, fractional ownership of real and digital assets as well as provides information. By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our Website.
These Terms constitute the entire agreement between you and Nestmarket Inc. ("Nestmarket," "we," "us," or "our") regarding your use of the Website and supersede any prior agreements.
Please refer to our Privacy Policy for details on how personal data is collected and used.
Acceptance of Terms
To access and use this Website, you hereby agree that you are:
Website Overview
We provide tools and services that may allow users to:
- Discover and evaluate fractional ownership opportunities;
- Participate in co-ownership arrangements; and/or
- Access legal documentation and financial disclosures.
Account Registration
To use the Website, we may require you to create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your login credentials.
Legal Disclosures by Region
Our Website is offered throughout the world and are subject to federal, state, and local laws. While we strive to maintain compliance with applicable regulations, certain rights, obligations, and disclosures may vary.
Consumer Protection
We comply with the Consumer Review Fairness Act and applicable state laws that prohibit unfair contract terms, including restrictions on user feedback or reviews.
Privacy Rights
Residents of states with comprehensive privacy laws (e.g., California, Virginia, Colorado, Texas) may have additional rights regarding personal data, including access, deletion, and opt-out options. Please refer to our Privacy Policy for more details about privacy.
Ownership and Investment Disclosures
Fractional ownership offerings may be subject to state-specific securities regulations, licensing requirements, or escrow obligations. We provide relevant disclosures and documentation as required by law in your jurisdiction.
Cancellation and Refund Rights
Some states grant enhanced cancellation rights for digital or financial products. Where applicable, we shall honor these rights in accordance with the law.
Dispute Resolution
Unless otherwise required by law, disputes will be governed by as outlined below in the section titled Dispute Resolution.
Complies with General Data Protection Regulation (GDPR):
- Lawful basis for data processing
- Right to access, rectify, erase, and port data
- Cookie consent required before tracking
- Clear withdrawal rights for digital purchases (14-day cooling-off period)
Canada (Complies with PIPEDA): Consent-based data collection
UK (Complies with UK GDPR): Similar to EU GDPR with local enforcement
Australia (Complies with Privacy Act): Requires transparency and opt-out mechanisms
Ownership and Investment Risks
Fractional ownership involves financial risk. You acknowledge:
- Asset values may fluctuate;
- Liquidity may be limited; and
- You may be subject to co-owner decisions and governance structures.
A user's rights purchased or otherwise granted through this Website apply solely to the digital representation of the asset and do not confer any ownership, control, physical, or manipulation rights over any asset that may be depicted, symbolized, or otherwise associated with the digital asset.
Intellectual Property and Rights Therefor
All content on and/or derived from this Website, such as its expression and functionality – including, but not limited to inventions, text, graphics, logos, software, etc. – is the property of Nestmarket Inc. or its licensors, and is protected under U.S. and/or international intellectual property laws. You may not reproduce, distribute, or modify any content without express prior written permission.
User Conduct
You agree not to:
Modifications
We reserve the right to update or modify these Terms at any time. Changes will be posted with a revised effective date. Continued use of the Website after changes constitutes your acceptance.
Privacy
We collect and process personal information in accordance with the California Consumer Privacy Act (CCPA), as amended by the CPRA. Please refer to our Privacy Policy for details on:
- what data we collect;
- your rights to access, delete, or correct data; and
- how to opt out of data sharing.
Disclaimer of Warranties
Limitation of Liability
We cannot predict when issues might arise with our Website. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Website (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Website will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
Dispute Resolution
You and we each agree that any claim, cause of action, or dispute ("Dispute") between us or involving us that arises out of or relates to these Terms or your access or use of the Website shall be resolved exclusively in the U.S. District Court for the Northern District of Florida or a state court located in Duval County, Florida. You also agree to submit to the personal and in rem jurisdiction of either of these courts for the purpose of litigating the Dispute, and that the laws of the State of Florida will govern these Terms and any Dispute without regard to conflict of law provisions. Without prejudice to the foregoing, you further agree that, in its sole discretion, Nestmarket may bring any Dispute we have against you in any competent court in the country in which you reside that has jurisdiction over the claim.
Termination
We may suspend or terminate your account for violations of these Terms or applicable law. You may terminate your account at any time.
Miscellaneous
Severability
If any portion of these Terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable, and if it can't be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
No Transfer
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
No Third-party Beneficiaries
These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
User Name Change
We may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
Contact Information
If you have questions about these Terms or want to provide any feedback, then please contact us at:
Email: info@nestmarket.com
Address:Nestmarket Inc.
7643 Gate Parkway
Suite 104-751
Jacksonville, FL 32256