Member Agreement
This Member Agreement (“Terms”) governs your rights and responsibilities when using the websites, domains, apps, products, features, and marketing campaigns (“Services”) operated by Nexus, a real estate brokerage, community platform, marketing, and tech company based in Massachusetts. These Terms apply to individuals whose principal residence or place of establishment is in the United States, Canada, or Australia. If you reside in the European Union or the United Kingdom, separate agreements (the EU Member Agreement or the UK Member Agreement, respectively) govern your use of the Services. If you use certain Services designed for businesses or agencies, additional terms (the “Business Services Terms” or “Agency Terms of Service”) may apply. By accessing or using our Services, you acknowledge that you understand them and agree to be bound by them as a legally enforceable contract with Nexus.
Important For U.S. Members And Visitors:
Please review the arbitration provision in the “Governing Law, Disputes, And Arbitration” section below, as it requires you to resolve disputes with Nexus on an individual basis through final and binding arbitration.
Our Services:
Nexus operates as a real estate brokerage, community platform, marketing, and technology provider. Through the Services, neighbors connect with one another and with their broader communities both online and offline. By registering to use the Services, you become a “Member.” If you do not register, you may still be able to view certain publicly available features as a “Visitor.” These Terms describe how you may access and interact with the Services, and they explain Nexus’s rights and obligations in offering them. Some specialized services, including those for businesses or agencies, are governed by separate terms or guidelines that supplement and override these Terms if there is a direct conflict.
Eligibility And Residency:
You may access and use our Services only if you can legally form a binding contract and if you comply with all laws and regulations relevant to your location. You cannot use the Services if (i) you are a child who would need parental or guardian consent (for example, if you are under 13 years old pursuant to the Children’s Online Privacy Protection Act), (ii) you appear on any sex offender registry or are barred by law or court order from interacting online with minors, (iii) your Account was previously disabled by us for violating these Terms or our policies, (iv) you are prohibited by law from receiving our Services, or (v) you reside in a territory where our Services are unavailable. Additionally, individuals under 18 who reside in Texas may not create an account and individuals under 18 who reside in Tennessee may not create an account.
Registration And Membership:
When creating an account (“Account”), you agree to provide accurate and complete information and update it if it changes. You are responsible for securing your login credentials and for activity occurring under your Account. If you suspect unauthorized use, promptly notify us. Each individual is limited to one Account per residence, and each business location is limited to one Account for business purposes. If you create or use an Account on behalf of a company or other legal entity, you confirm you have authority to bind that entity to these Terms.
Community Guidelines And Conduct:
Nexus strives to foster respectful and neighborly behavior. Your interactions on the Services must adhere to our Community Guidelines and applicable laws. You may not damage or disrupt the Services or other users (for instance, by distributing malicious code, scraping personal data, or attempting unauthorized access to other user accounts). You may not license, sell, or distribute any portion of the Services, nor develop automated scripts or tools (bots, crawlers) that scrape or harvest data from our platform—including for large language model or AI training. If you violate these Terms or our policies, we may remove your Content, suspend or deactivate your Account, or take other measures we deem appropriate.
Licenses And Intellectual Property:
By posting text, images, or other materials (“Member Content”) via the Services, you retain ownership of any rights you hold in that material. However, you grant Nexus a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to host, display, copy, modify, distribute, publish, adapt, translate, and create derivative works of your Member Content for the purpose of operating or promoting the Services, consistent with our Privacy Policy and your settings. You also grant fellow users a non-exclusive license to access and interact with your Member Content through the Services. We may remove or restrict distribution of your Member Content if it violates our guidelines or the law.
Feedback:
Suggestions or ideas provided to Nexus about new features or improvements are offered voluntarily and become Nexus’s property when submitted. We may use feedback without restriction or any obligation to you.
Real Estate And Other Member Transactions:
Nexus is licensed to provide real estate brokerage services; however, unless you have a signed agreement with Nexus or its broker representatives, we do not act as your agent or fiduciary. Our platform also allows Members to post, discuss, or offer products, goods, or services unrelated to real estate. Any transaction you enter is solely between you and the other party. Nexus does not guarantee the quality, legality, safety, or availability of items or services posted by Members and is not responsible for ensuring Members fulfill their commitments. While we may occasionally facilitate dispute resolution, we are under no obligation to do so and assume no responsibility for unresolved disputes.
Third-Party Websites And Content:
Our Services may include links to third-party websites and materials, but Nexus neither endorses nor controls these external sites or resources. Your interactions with third-party content are at your own risk, and Nexus is not liable for any losses arising from such activities.
Communications And Invitations:
You agree that Nexus may, by default, send you email or push notifications related to your use of and interactions with the Services. You can adjust these preferences. You may also invite people who are not Members to join Nexus by email, text, or other means. Though we may facilitate sending these invitations, they are sent by you. Standard carrier fees may apply, and you accept responsibility for such charges.
Account Termination:
You may terminate these Terms at any time by deactivating your Account and discontinuing use of the Services. Nexus may suspend, deactivate, or delete your Account, or discontinue portions of the Services, at our discretion and without prior notice if we believe you have violated these Terms or any of our other policies.
Disclaimer Of Warranties:
To the fullest extent allowed by law, the Services are offered “AS IS” and “AS AVAILABLE.” Nexus disclaims any and all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not guarantee continuous, secure, or error-free Services, and no information obtained from Nexus shall create any warranty not expressly stated in these Terms.
Limitation Of Liability:
In no event will Nexus or its affiliates (collectively, “Nexus Entities”) be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising from your use or inability to use the Services, from the conduct or content of other users, or any unauthorized access to or use of your Account. In all cases, the maximum liability of Nexus Entities shall not exceed the larger of (i) any amounts you paid to Nexus in the six-month period preceding the event giving rise to liability, or (ii) one hundred U.S. dollars ($100). These limitations apply to the extent permitted by law; if your jurisdiction disallows such limitations, portions of this section may not apply to you.
Indemnification:
You agree to defend, indemnify, and hold harmless Nexus Entities from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your activities on the Services, your violation of these Terms, or any third-party’s rights, or your interactions with other users. Nexus may assume exclusive defense of any matter for which you indemnify us, and you agree to cooperate in that defense.
Governing Law, Disputes, And Arbitration:
If you live in the United States, Massachusetts law governs these Terms without regard to conflict-of-law principles. Except for small claims, certain intellectual property claims, or requests for emergency equitable relief, any dispute arising out of or relating to these Terms or your use of the Services must be resolved by final, binding arbitration on an individual basis rather than in court. Both parties waive the right to a jury trial and any right to proceed with claims on a class or consolidated basis. Detailed instructions for initiating arbitration, selecting the forum, and opting out within thirty days of first acceptance will be provided upon request.
For residents of Canada or Australia, local laws may govern your rights, and courts in your home jurisdiction may have authority over disputes. If personal data is transferred between your home country and the United States (or other jurisdictions where we process data), you acknowledge that privacy or data protection rules there may differ.
Other Provisions:
These Terms supersede all prior agreements regarding the Services. If a provision is found unenforceable, the remaining provisions remain valid. Notices to Nexus must be in writing and delivered to our Massachusetts location or emailed to legal@nexus.realestate. Our failure to act does not waive our right to do so in the future. No partnership or agency relationship is created by these Terms. We may update or revise the Terms at our discretion and will notify you if the changes are material. Your continued use after such notification constitutes acceptance of any changes.
Contact Us:
If you have questions about these Terms or the Services, please email legal@nexus.realestate.
