Terms of Use

The Web site located at NXTPLACE.com (the “Site”) is owned and operated by NXTPLACE, llc. (“NXTPLACE”). By using and accessing the Site and logging on to the Site you expressly acknowledge that you have read and understand these terms of use (“Terms of Use”) and agree to be bound by the Terms of Use.

Terms

1. USE OF THE SITE

NXTPLACE may modify or change the Terms of Use at any time by posting notice of such change on Site. Your continued use of Site after the effective date of such notice will constitute acknowledgment and acceptance of the revised Terms of Use.

NXTPLACE may make certain information or services available via the Site only pursuant to additional guidelines, rules or agreements applicable to such services which may be posted from time to time.

You are entitled to view, copy and print any documents that are made generally available on Site but only for your own internal business purposes. Any sale, transmission or redistribution of Site or its content, and any copying, modification or other use of Site or its content for any purposes other than your own internal business purposes, are strictly prohibited.

You are prohibited from using Site to gain unauthorized access, directly or indirectly, to NXTPLACE’ computer systems or a third party’s computer systems. You shall not interfere with another user’s use or enjoyment of Site.

NXTPLACE reserves the right, in its sole discretion, to take action that it deems appropriate for violations of this Terms of Use, including but not limited to terminating your access to Site, filing of criminal charges against you, or the initiating of a civil action against you.

To the extent required to do so by law, NXTPLACE will fully cooperate with any law enforcement authorities or court order requesting or directing NXTPLACE to disclose information regarding users of Site.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

2. PROPRIETARY RIGHTS

The Site contains proprietary information that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NXTPLACE, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.

3. TERMINATION

NXTPLACE may terminate your access to or use of the Site and remove and discard any content within the Site, for any reason. NXTPLACE may also discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that NXTPLACE may immediately deactivate or delete all related information and files. Further, you agree that NXTPLACE shall not be liable to you or any third-party for any termination of your access to Site.

4. INDEMNITY

You agree to indemnify and release NXTPLACE and its affiliates from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the Information or the Site, including, without limitation, any claims that if the allegations were true would constitute a breach of this Terms of Use.

5. DISCLAIMER OF WARRANTIES

​NEXTPLACE MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NXTPLACE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

6. LIMITATION OF LIABILITY

  • a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NXTPLACE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEXTPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.

  • b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

7. NOTICE

Notices to you may be made via either e-mail, regular mail, or by displaying notices or links to notices to you generally on Site.

10. GENERAL INFORMATION

  • a. The failure of NXTPLACE to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Terms of Use, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of this Terms of Use will continue in full force and effect.

  • b. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Privacy and the Use of Personal Information:

We and our service providers use Personal Information for legitimate business purposes including:

 

Providing the functionality of the Services and fulfilling your requests.

To provide the Services’ functionality to you, such as arranging access to your registered account and providing you with related user support services.

To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions or comments, or when you request other information about our Services.

To send administrative information to you, such as changes to our terms, conditions and policies.

To allow you to send messages to another person through the Services if you choose to do so.

We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

 

Providing you with marketing materials and facilitating social sharing:

To send you marketing related emails with information about our services, new products, and other news about our company.

To facilitate social sharing functionality that you choose to use.

We will engage in this activity with your consent or where we have a legitimate interest.

Analysis of Personal Information for business reporting and providing personalized services.

To analyze or predict our users’ preferences in order to prepare aggregated trend reports, so we can improve our Services.

To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.

To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.

We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law.

 

Allowing you to participate in sweepstakes, contests or other promotions:

We may offer you the opportunity to participate in a sweepstakes, contest or other promotion.

Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information. Please read those additional rules before choosing to participate.

We use this information to manage our contractual relationship with you.

 

Aggregating and/or anonymizing Personal Information:

We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.

Accomplishing our business purposes.

For data analysis, for example, to improve the efficiency of our Services;

For audits, to verify that our internal processes function as intended and to address legal, regulatory or contractual requirements;

For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;

For developing new products and services;

For enhancing, improving, or modifying our current products and services;

For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;

For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and

For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interests.

 

Disclosure of Personal Information

We disclose Personal Information:

 

To our affiliates for the purposes described in this Privacy Policy.

To our third party service providers, to facilitate services they provide to us.

These can include providers of services such as data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, user support service, email delivery, auditing, and other services.

To our NXTPLACE brokers and staff where you have requested such sharing or inquired about a property.

To third party sponsors of sweepstakes, contests, and similar promotions.

To our third-party business partners.

We may share your Personal Information with selected third-party business partners for our partners’ own business purposes, including to enable them to send information about products and services that may be of interest to you, consistent with your choices. Please refer to “Choices and Access” below, for information about the choices we offer concerning such sharing.

By using the Services, you may elect to disclose Personal Information.

On message boards, chat, blogs, and other services to which you are able to post information and content. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.

Other Uses and Disclosures

We also use and disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so:

 

To comply with applicable law and regulations.

This may include laws outside your country of residence.

To cooperate with public and government authorities.

To respond to a request or to provide information we believe is important.

These can include authorities outside your country of residence.

To cooperate with law enforcement.

For example, when we respond to law enforcement requests and orders or provide information we believe is necessary or appropriate.

For other legal reasons.

To enforce our terms and conditions; and

To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.

In connection with a sale or business transaction.

We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

OTHER INFORMATION

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. The Services collect Other Information such as:

 

Browser and device information

App usage data

Information collected through cookies, pixel tags and other technologies

Demographic information and other information provided by you that does not reveal your specific identity

Information that has been aggregated in a manner such that it no longer reveals your specific identity

Collection of Other Information

We and our service providers may collect Other Information in a variety of ways, including:

 

Through your browser or device

Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.

Using cookies

Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used and assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to track responses to our ads. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer tohttps://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.

Using pixel tags and other similar technologies

Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.

Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/‌partners, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at  https://tools.google.com/dlpage/gaoptout.

Physical Location

We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.

Uses and Disclosures of Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

 

Security

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that there is a security vulnerability in the Services, please immediately notify us in accordance with the “Contacting Us” section below. Please allow us to investigate and resolve any security vulnerability you report to us before you disclose it publicly. These vulnerabilities are a high priority for NXTPLACE, and we will investigate and fix vulnerabilities in accordance with our commitment to privacy and security. If you report a security vulnerability to , please provide the following details along with any other information that will help us resolve the issue:

 

A description of the vulnerability.

A description of your environment (e.g., your type of browser and version, operating system, device model, and the Service(s) you are using.

Any applicable screenshots.

Choices and Access

Your choices regarding our use and disclosure of your Personal Information

 

We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:

 

Receiving marketing-related emails from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out

Our sharing of your Personal Information with our affiliates for their direct marketing purposes: If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt out.

Our sharing of your Personal Information with our third-party business partners for their direct marketing purposes: If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with our business partners for their direct marketing purposes, you may opt out.

 

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase).

 

Retention Period

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

 

The criteria used to determine our retention periods include:

 

The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);

Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or

Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

 

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Apple, Google, Microsoft, RIM or any other app developer, app provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Services.

 

Specifically, any use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

 

Use of Services by Minors

The Services are not directed to individuals under the age of sixteen (16), and we do not knowingly collect Personal Information from individuals under 16.

 

Jurisdiction and Cross-Border Transfer

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

 

Sensitive Information

Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.

 

Updates to this Privacy Policy

The “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.

Contact the Principal Broker

Lynda Pennington

615-339-5963

9175 Carothers Parkway Suite 110

Franklin, TN 37064