NatWallen.comSM Terms of Use

Welcome to NatWallen.com!

NatWallen.com provides open and transparent information regarding the real estate market in and around Charleston, South Carolina, in addition to tools, resources, products, and services to individuals looking to buy or sell a home. NatWallen.com services (the “Services”) may be accessed through the NatWallen.com website (hereinafter, the “Site” or “NatWallen.com”).  These Terms of Use govern your use of and access to NatWallen.com.  Please read them carefully.

Agreement

By using or accessing NatWallen.com and/or the Services, you agree to be legally bound by the Terms of Use and Privacy Policy found at www.NatWallen.com/terms as amended from time to time (collectively, the “Agreement”).  If you do not agree with the Agreement without limitation or qualification, you should not access or use NatWallen.com. Your continued use of or access to NatWallen.com following any changes made to the Agreement will mean that you also accept and agree to be bound by the changes or any then-current Agreement. Because we reserve the right to modify the Agreement at any time without notice to you, please check them regularly for changes. References to “Nat Wallen Real Estate,” “we,” or “us” in the Agreement refer to Nat Wallen Real Estate, Inc., a South Carolina corporation that supports and maintains the Site and the Services.

This Terms of Use was last updated on: October 12, 2014.  

Eligibility

To be authorized to access and use NatWallen.com you represent and warrant that you (a) are at least 13 years old, (b) are not currently restricted by Nat Wallen Real Estate or any law enforcement agency from accessing or using the NatWallen.com Services or not otherwise restricted from having an Account, (c) have the full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party, and (d) will not violate any rights of Nat Wallen Real Estate or a third party, including the intellectual property rights of such third party.  

If you are not at least 13 years old, you are not authorized to access NatWallen.com or the Services and should leave the Site immediately or we invite you to click here.

Registration and Security

You may have limited access to some features of NatWallen.com without registering for a user account (an “Account”).  Those who access NatWallen.com without registering for an Account shall be referred to as “Users”.

In order to gain access to additional features, however, you must register and create an Account with NatWallen.com. Users who have registered an Account shall thereafter be “Subscribers.”  A Subscriber may access the Site to review content, access the Services, or download content from the Site.  

When registering as a Subscriber, you agree to provide accurate, current and complete information for registration and to update such information to keep it accurate, current and complete. Nat Wallen Real Estate reserves the right to suspend or terminate your Account at any time or for any reason or no reason, including if any information provided for registration is determined to be inaccurate, not current or incomplete.  

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You shall never use an Account that is registered to another Subscriber (described below) without express permission from such other Subscriber. You will immediately notify NatWallen.com of any unauthorized use of your Account or if you suspect that the security of your password or your Account has been compromised.

Subscriber Content, License and Warranties

Subscriber Content.  As a Subscriber, you may post, submit, provide, transmit, publish, display, or share content with NatWallen.com.  “Subscriber Content” will include details relevant to Consumers’ efforts to buy a home and/or sell a home, including information that identifies a price range, property description, desired neighborhood, preferred listing price, etc.  Such content may be in the form of any media (e.g., text, documents, images, audio content, video content, etc.), advertising content, or communications with other Subscribers or Users including blog posts, email, messages, etc. 

License Grant to Subscriber Content and Warranties. 

You grant to Nat Wallen Real Estate a non-exclusive, irrevocable, assignable, sublicenseable, worldwide, perpetual, fully paid-up and royalty-free license to use, copy, display, prepare derivative works of, improve, modify, distribute, publish, remove, retain, process, and commercialize Subscriber Content that you contribute, upload, transmit or otherwise provide to NatWallen.com, in any way now known or in the future discovered, even if such Subscriber Content has been contributed and subsequently removed by you.  Any Subscriber Content that you contribute to NatWallen.com is at your own risk of loss.  

Warranty

By contributing Subscriber Content to NatWallen.com, you represent and warrant that (i) you are the author, owner, or are otherwise authorized to contribute the Subscriber Content, (ii) the Subscriber Content is true and accurate, (iii) the Subscriber Content is not confidential, and (iv) does not violate any rights, or infringe or misappropriate the intellectual property rights of any third party.

You are responsible for your own activities and communications on NatWallen.com and you are responsible for the consequences of such activities and communications.  You shall not, and by using or accessing NatWallen.com or using the Services, you agree not to do any of the following:

Post any information or Subscriber Content that is subject to copyright protection, unless you are the copyright owner or have the owner’s permission to post such information or Content.

Post information or Subscriber Content that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another Subscriber, or User, or any other person or entity.

Post information or Subscriber Content that includes or uses terms or phrases that are false or misleading, profane, sexually explicit, intended to disguise profanity or vulgarity, or are patently offensive or obscene.

Post any information that is inappropriate for a minor child less than eighteen years of age, 

Post content that contains malicious software including without limitation any viruses, Trojan horses, worms, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Limited License to Site Content

For the purposes set forth above, Nat Wallen Real Estate grants you a limited personal, non-exclusive, non-assignable, non-transferable, and revocable license to access, use and display Site Content (defined below) associated with the Services.  You must retain intact all copyright, trademark, proprietary and other notices when accessing, using, or displaying the Site Content.  Unauthorized use, copying, printing, duplication, distribution, transmission, creation of derivative works, reuse, reproduction, publishing, licensing, sublicensing, transferring, selling, renting or translating, in whole or in part, of any NatWallen.com webpage, Site Content, Services, NatWallen.com software or NatWallen.com user interface content including without limitation text, graphics, sounds, videos, images, logos, button icons, and/or any compilation thereof (collectively, the “Site Content”) in any manner without the express prior written permission of Nat Wallen Real Estate is expressly forbidden, and you so agree.  You acknowledge that you may not sublicense, transfer, sell, rent or assign this license, the Site Content or the Services.  Any attempt to sublicense, transfer, sell, rent or assign this license, the Site Content, or the Services shall be null and void.

Content and Services Disclaimer

All Site Content including the Services are provided “AS-IS.”  You access and use the Services and all Site Content at your risk.  The Services and Site Content may include inaccuracies, errors or information that is incorrect or out of date.  Nat Wallen Real Estate makes no representation about, or warranty of the accuracy, reliability, completeness or timeliness of the Site Content, the Services, any use of or access to NatWallen.com or the Site Content, or any hosted applications, programs, or other things provided or made available through NatWallen.com.  Nat Wallen Real Estate is not responsible for any information contained in a message, communication, or transmission by or between you and other Subscribers or Users.

Trademarks/Copyrights

The Site Content, including but not limited to the letters and service marks, the NatWallen.com logo and/or name, other NatWallen.com logos and service marks, or any taglines, titles, trade dress, and registered and unregistered services marks or trademarks (collectively, hereinafter referred to as “Trademarks”), are protected under United States copyright, trademark and/or other laws, and are the property of Nat Wallen Real Estate, and/or it’s licensors.  Any unauthorized use of the Site Content may violate applicable copyright, trademark, intellectual property, and other laws (some of which provide criminal remedies).  You may not sell or modify the Site Content or reproduce, display, distribute, or otherwise use the Site Content in any way for any public or commercial purpose, including but not restricted to the adaptation of the NatWallen.com software, HTML code, or any other code that Nat Wallen Real Estate creates.  You shall not display, disparage, dilute, or taint our Trademarks or use any confusingly similar marks or names, or use our Trademarks in such a way that would misrepresent or cause confusion as to who the proper owner of such Trademarks is.

Restrictions

No Illegal Use.  You shall not use the Services to create, transmit, distribute, store or destroy any Site Content or Subscriber Content (a) in violation of any applicable law or regulation, (b) in a manner that infringes copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Information Security.  You are prohibited from violating or attempting to violate the security of the Site, the Services, or any equipment, software, or devices on which the Site or the Services are hosted, displayed, provisioned or otherwise depend including without limitation, (a) gaining or attempting to gain access to any account, data, Service, Site Content, Subscriber Content or information for which you are not authorized, (b) attempting to penetrate a system, network, or application by probing, “phishing,” scanning or testing the vulnerability of the system or network or to breach security or authentication measures without proper authorization, (c) engaging or attempting to engage in a denial of service attack or any other type of electronic attack for the purposes of causing the Services to become impaired or inoperable, or interfering with the availability of Services or Site Content through techniques including without limitation, uploading malicious software (e.g., a virus, worm, Trojan horse, etc.), “packet flooding,” “spoofing” or “spamming,” or (d) forging any packet content or any part of any Site Content, Subscriber Content or Service.  Violations of system or network security may result in civil or criminal liability.  Any occurrences that may involve such violations are subject to investigation by Nat Wallen Real Estate or its agents, and/or law enforcement authorities in prosecuting any Subscriber or User involved in such violations.

Specific Prohibited Uses.  Nat Wallen Real Estate specifically prohibits and you agree not to use the Services, or any Site Content or Subscriber Content for any of the following:

To take any action that imposes an unreasonable or disproportionately large load on NatWallen.com, the equipment, or the network on which NatWallen.com is hosted.

To attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of NatWallen.com.

To frame any Services, Site Content, or information relating thereto without prior express written permission from Nat Wallen Real Estate.

To collect information about other Subscribers or Users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us.

To falsify, conceal, or modify information identifying yourself or another Subscriber, including Internet Protocol header information. 

To stalk, threaten, or harass any Subscriber, User, or other person, whether in a cyber environment or in the real world.

To commit any wrongful or unlawful acts, criminal acts, acts of terrorism, or any other unlawful or illegal activity. 

To knowingly make any untruthful, defamatory, misleading, malicious or false statements relating to a Subscriber, User, NatWallen.com, Nat Wallen Real Estate or its agents.

Release of Liability

Release from Dealings between Subscribers and/or Users.  Because authentication on the Internet is difficult, Nat Wallen Real Estate cannot and does not confirm that each Subscriber or User, is who she, he, or it claims to be or that her, his or its Subscriber Content or other posted information is truthful, complete, non-defamatory, or accurate.  You acknowledge and agree that your access to or use of NatWallen.com and the Services, and any action you take concerning your Subscriber Content or other information is your voluntary action for which you are exclusively responsible.  There is always a certain risk when transmitting such information over the Internet or some other public or proprietary network, and you assume such risk by submitting Subscriber Content or information to NatWallen.com and by making or authorizing transmission of such Subscriber Content or information to others.  It is your responsibility to take precautions that you deem suitable to assure the identity of any Subscriber, User or person with whom you communicate or interact, and to assure that any information provided by such Subscriber, User, or person on which you intend to rely is reasonably accurate and complete.  Nat Wallen Real Estate does not and cannot be involved in or control the dealings or meetings between Subscribers or Users that access NatWallen.com.  Accordingly, in the event that you have a dispute with another Subscriber or User, you agree to the fullest extent permitted by applicable law to forever release Nat Wallen Real Estate and its agents, employees, officers, directors, members and managers from all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  If you are a California resident, you waive, to the fullest extent permitted by applicable law, California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”  Nat Wallen Real Estate is under no legal obligation to, and generally does not control the information provided by other Subscribers or Users and which is made available through NatWallen.com.  By its very nature, information posted or communicated by other Subscribers or Users may be offensive, harmful, inaccurate, defamatory or incorrect, and in some cases may be mislabeled or deceptively labeled.  You agree to use caution and common sense when using or accessing the Services.

Not Responsible For Offensive Posts.  NatWallen.com acts as a passive conduit for the online receipt, distribution and publication of Subscriber Content or other information submitted by and between or among Subscribers or Users. Nat Wallen Real Estate has no obligation to screen or monitor communications or information in advance and is not responsible for screening or monitoring Subscriber Content or information posted by Subscribers or Users.  If Nat Wallen Real Estate is notified or otherwise becomes aware of any communication, information or Subscriber Content that is posted by a Subscriber or User, which allegedly does not conform to these Terms of Use or are abusive, illegal, or disruptive, Nat Wallen Real Estate may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communications, information, Site Content, or Subscriber Content (“Offensive Post”), suspend such Subscriber’s or User’s use of or access to the Site and/or the Services.  Nat Wallen Real Estate reserves the right to expel and/or deny access to Subscribers or Users to prevent their further access to the Site and/or the Services for violating the Agreement or any applicable laws.  Nat Wallen Real Estate further reserves the right to remove, erase or over-write Offensive Posts or any information or content in connection therewith.  Nat Wallen Real Estate may take any action at any time with respect to Subscriber- or User-submitted information or Subscriber Content that it deems necessary or appropriate if, in its sole discretion, it believes it may create liability for Nat Wallen Real Estate, harm any other Subscriber or User or may cause Nat Wallen Real Estate to lose (in whole or in part) the services of its Internet Service Providers, Application Service Providers, or other suppliers.

Limitation of Liability and Disclaimer of Warranties

You agree that use of or access to NatWallen.com and the Services is entirely at your own risk.  NatWallen.com and the Services are provided “AS-IS,” without warranty of any kind, either express or implied, including without limitation any warranty for information, the Services, uninterrupted or error free access or use of the Site and Services, or products provided through or in connection with NatWallen.com or the Services, including without limitation our software or Services licensed to you and the results obtained through NatWallen.com (unless such warranties are legally incapable of exclusion).

Specifically, we disclaim any and all warranties with respect to the NatWallen.com Site or the Services, including without limitation any and all: (a) warranties concerning the availability, accuracy or content of information, products or the Services; (b) warranties of title; (c) warranties of non-infringement; and (d) warranties of merchantability or fitness for a particular purpose.  This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay, inoperability or transmission, computer virus, malicious software, cyber-attack, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.  You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other Subscribers or Users or third parties and that the risk of injury from the foregoing rests entirely with you.

Neither we nor any of our agents, affiliates, other affiliated persons or entities, co-branders, partners or content providers shall be liable for any direct (in excess of the limitation of liability hereinafter provided), indirect or incidental damages, lost profits or data, or special or consequential damages arising out of use of NatWallen.com or the Services, or inability to gain access to or use of NatWallen.com or the Services whether based on breach of warranty, contract, tort, strict liability, or any other legal theory, and whether or not Nat Wallen Real Estate is advised of the possibility of such damages.  Some states do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation or exclusion may not apply to you.  In no event shall Nat Wallen Real Estate total liability to you for all damages, losses, or causes of action exceed the amount, if any, that you paid to Nat Wallen Real Estate over the twelve months immediately preceding the date of the claim of liability, or fifty dollars, whichever is greater.

You hereby also acknowledge that the provisions of this section shall apply to all communications, information and Subscriber Content posted on NatWallen.com.

Links to Other Websites

NatWallen.com provides, or may from time to time provide, links to third party websites via which third party services or third party content can be accessed or downloaded.  Because we have no control over such third party websites, services or content, you acknowledge and agree that Nat Wallen Real Estate is not responsible for the availability, content, services, acts or omissions of such external websites or resources or their owners, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites or resources.  You further acknowledge and agree that Nat Wallen Real Estate is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, advertising, products, services or other materials available on or through any such website.

Termination

Your use of or access to the NatWallen.com Site and/or the Services is at the discretion of Nat Wallen Real Estate and may be suspended or terminated at any time in the sole discretion of Nat Wallen Real Estate.  In the event of any such suspension or termination, Nat Wallen Real Estate will not be responsible for any lost opportunities or other damages or loss that you may incur as a result of such suspension or termination.  Upon any breach by you of this Agreement, Nat Wallen Real Estate reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Subscriber Content, or communications with NatWallen.com and immediate termination of your Account.

You may terminate your Account at any time by providing written notification to us. 

Termination shall not affect your obligations to us in accordance with this Agreement or any additional terms.

Indemnity

Except for those Subscribers or Users that are or act on behalf of agencies or political subdivisions of the State of South Carolina, you agree, to the fullest extent permitted by applicable law, to forever hold harmless, defend and indemnify (i) Nat Wallen Real Estate, Inc., its respective officers, directors, successors, and assigns; (ii) BellaRuby, LLC, and its respective members, directors, officers, successors, and assigns;  and (iii) Nathanael Wallen and his respective heirs, successors, and assigns (collectively, the “Indemnified Parties”) from any and all loss, cost, liability, and expense (including reasonable attorneys’ and experts’ fees) arising out of or relating to:

Your violation of any of the terms of this Agreement, or any information, software, files, messages or other Subscriber Content posted to NatWallen.com by you;

Your uploading, posting, or otherwise using NatWallen.com in any way whatsoever to make public any Subscriber Content or information that is defamatory, slanderous, libelous, false, dishonest, unfounded, untruthful, inaccurate with respect to another Subscriber, organization or any third party; 

Your use of and access to the Site, the Services, or the Site Content; 

Your violation of any third party right, including without limitation any copyright, property, or privacy right; or 

Any claim that your Subscriber Content, communications, or postings causes damage to or infringes the intellectual property rights, privacy rights, or other rights of a third party;

Any claim that any Site Content, Subscriber Content, communications, or posting, by the another Subscriber or User violates any of your rights, is untrue, is defamatory, is disparaging, is inaccurate, misrepresents you, misrepresents a product or service that you provide, or causes any loss, damage, lost opportunity, expense, harm, or injury to you, your agents, successors, or assigns.

The Indemnified Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  In that event, you shall have no further obligation to provide defense to the Indemnified Parties in that matter, but shall remain responsible to reimburse Nat Wallen Real Estate and each of the Indemnified Parties for its defense expenses.  This section shall survive the termination or cancellation of this Terms of Use or any termination or suspension of your use of or access to all or any aspect of the Services.

Your obligation not to transfer in violation of any law – and Transfer to the United States

If you are located outside of the United States, you are notified and aware that the Subscriber Content or other information you provide to us is anticipated to be transferred to the United States. Whenever you submit any Subscriber Content or other information to us, you consent to this transfer and all related transfers, and you promise and agree not to make any transfer (including without limitation, transfers to us) except as permitted by applicable law.  We make no representation that the Subscriber Content, Site Content, the Services or any posted information are appropriate or available for use in locations outside the United States.  Access to or use of NatWallen.com from jurisdictions where the Services, the Subscriber Content, or the Site Content or other information or communications, are or may be illegal, is prohibited.  If you are an international Subscriber or User (a) you are responsible for compliance with all local laws, (b) you represent and warrant that you are authorized to release to us the information contemplated in this Terms of Use, and (c) you forever release Nat Wallen Real Estate and the Indemnified Parties from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any violation of such local laws, and whether or not you may have made us aware of any such matters.  

Additional Terms of Use

Certain Subscriber Content or the Services may be subject to additional or other Terms of Use or other requirements, and such other Terms of Use or requirements shall be posted to an area that coincides with such content.  By using or accessing such content or services, or any part thereof, you agree to be bound by the additional Terms of Use applicable to such content.

General Provisions

Severability / Waiver.  If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be automatically reformed and construed so as to be valid, legal, operative, and enforceable to the maximum extent permitted by applicable law while preserving its original intent.  The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.  Additionally, no waiver of any provision of this Agreement or any rights or obligations of either you or us hereunder shall be effective, except pursuant to a written instrument signed by you and us waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.

Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement.  Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.

Compliance with Laws.  Each Subscriber and User shall promptly comply, at its own cost and expense, in every material respect with all laws, ordinance, rules, regulations, and requirements of all federal, state, and local governmental authorities that are applicable to the activities or Services pursuant to this Agreement.

No Third Party Beneficiaries.  This Agreement shall inure to the benefit of and shall be binding upon you and us and our respective permitted successors and assigns.  Except as expressly provided herein, there are no third party beneficiaries to this Agreement.

Relationship of the Parties.  You and Nat Wallen Real Estate are acting as independent contractors with respect to the activities hereunder.  Nothing in this this Agreement shall be deemed to create any type of agency, joint venture, or partnership relationship between you or us.  Neither you nor Nat Wallen Real Estate shall have any right or authority to bind or obligate the other in any manner to any third party.

Entire Agreement.  This Agreement constitutes the entire understanding and agreement between you and Nat Wallen Real Estate with respect to the transactions contemplated herein and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof.  No changes to this Agreement shall be made except by a revised posting by Nat Wallen Real Estate.

Section Headings.  All Section, subsection, and paragraph headings are provided herein as a convenience only and do not affect the meaning or interpretation of this Agreement.  

Governing Law.  You agree to the fullest extent permitted by applicable law that any dispute between you and us will be governed by the laws of the United States of America and the State of South Carolina, without regard to conflict of laws principles, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of South Carolina. 

If you are located outside of the United States of America, you agree that to the extent permitted by the applicable governing law, by entering into this Agreement, you voluntarily subject yourself to the jurisdiction of the State or federal courts of Charleston County, South Carolina, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.  

If you are a citizen of a country that does not permit Internet transactions to be governed by the laws of South Carolina and/or the applicable United States federal law as above referenced in accordance with this Agreement, please immediately cease use of NatWallen.com and terminate your account by written notification to us of such termination.

Right to Terminate.  We reserve the right to terminate the Services, this Agreement, or your access to or use of NatWallen.com at any time without notice for any reason, including, in the case of this Agreement, for your violation of any of its provisions.  The provisions of this Agreement, which by their nature extend beyond the termination of this Agreement, will survive termination of this Agreement or termination of your use or access to all or any portion of the Services.

Contact

We hope that you enjoy NatWallen.com! If you have any questions or comments about this Agreement or NatWallen.com, please contact us via email at natwallen@gmail.com

 

NatWallen.comSM Privacy Policy

Welcome to NatWallen.com!

NatWallen.com provides open and transparent information regarding the real estate market in and around Charleston, South Carolina, in addition to tools, resources, products, and services to individuals looking to buy or sell a home. We are committed to protecting your Personal Information (described below) and subject to the terms of this Privacy Policy, we will not disclose your Personal Information to any third party without your consent.  This Privacy Policy describes:

what Personal Information NatWallen.com receives or collects from you, how NatWallen.com uses and shares your Personal Information with others, and your choices and obligations regarding your Personal Information. Capitalized terms not defined in this Privacy Policy shall have the meaning ascribed thereto in the NatWallen.com Terms of Use.

Agreement

By using or accessing NatWallen.com, you agree to be legally bound by the Terms of Use found at www.NatWallen.com/terms and this Privacy Policy as amended from time to time (collectively, the “Agreement”).  If you do not agree with the Agreement without limitation or qualification, you should not access or use NatWallen.com. Your continued use of or access to NatWallen.com and/or the Services following any changes made to the Agreement will mean that you also accept and agree to be bound by the changes or any then-current Agreement. Because we reserve the right to modify the Agreement at any time without notice to you, please check it regularly for changes. References to “Nat Wallen Real Estate”, “we,” or “us” in the Agreement refer to Nat Wallen Real Estate, Inc.

This Privacy Policy was last updated on: Oct 12, 2014. 

Application of this Privacy Policy

This Privacy Policy applies to the Site and the Services and does not extend to anything that is inherent in the operation of any third party website, the Internet, or any other network via which the Services are used or accessed, as such third party websites, the Internet, and the other networks may be covered by other terms of use or privacy policies that are beyond our control and which may be inconsistent with the terms and conditions of this Privacy Policy or the Term of Use.  This Privacy Policy is not to be applied in any manner contrary to applicable law or governmental regulation.

Nat Wallen Real Estate is not responsible for the privacy practices or the content of any third party websites or services with which NatWallen.com communicates or is linked.  By clicking on a link, logo or any item associated with a third party site, please note that you may be exiting NatWallen.com and the protections afforded by this Privacy Policy and the Term of Use.  These third party websites or entities may be governed by their own privacy policies, may send their own cookies or beacons to you, or may collect and/or distribute your Personal Information.  We urge you to review carefully the privacy policy of any such third party website or entity prior to accessing or using their services, or providing any of your Personal Information to them.  

Your correspondence or business dealings through such third party websites or entities, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are made at your own risk and are solely between you and such third party websites or entities.  Please note that we do not guarantee and are not responsible for the content of such third party websites or entities.  You acknowledge and agree that Nat Wallen Real Estate is not responsible or liable, directly or indirectly, for any damage, expense or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, advertising, products, services or other materials available on or through any such third party websites or entities.

Contacting Us

If you have any questions about this Privacy Policy, NatWallen.com or the Services, you may contact Nat Wallen Real Estate Customer Service at [P.O. Box], Charleston, SC 29401, or by email tonatwallen@gmail.com

Personal Information

NatWallen.com collects Personal Information from you to enable NatWallen.com to provide a variety of Services to you and other Subscribers and Users, and/or to improve the Services over time.  We collect Personal Information that you provide to us and we collect Personal Information about you and your device when you access or use the Site or our Services.

Personal Information You Provide to UsWhen Creating Your Account

It may be possible to browse various sections of the Site without submitting any Personal Information. Whenever we ask for Personal Information, we strive to provide a link to this Privacy Policy to help you understand how Personal Information will be used before you decide whether to disclose it. You can choose not to register with NatWallen.com, but then you may not be able to fully take advantage of certain features of our Site and we may not be able to provide you with certain requested Services.

In order to gain access to additional features, however, you must register and create an Account with NatWallen.com. Users who have registered an Account shall thereafter be “Subscribers”. When you register or update your Account through the Site, you may provide your Contact Information that we will use to set up or update your Account. This may include your name, postal address, email address, website address, and telephone number (collectively, your “Contact Information”). You also will provide us with Access Credentials that we will use for security purposes, such as to authenticate your identity or that of your device each time you log in to the Site. These Access Credentials may include one or more of the following: a user name, a personal identification number (“PIN”), a password, responses to security questions, and biometric information (e.g., picture of your face)(collectively, your “Access Credentials”).

When Creating Your Profile

After your account is set up, you will provide Subscriber Information that NatWallen.com will use to create or update your Profile.  Your Subscriber Information may include some or all of your Contact Information as well as information that identifies subscription materials, usage history (for example, frequency of access) or permissions relating to the collection or use of certain Subscriber Information, or permission regarding accuracy of location information (collectively, “Subscriber Information”).  Your Subscriber Information may also include context information that identifies one or more of the following: your gender, primary or secondary languages, place of birth, date of birth, marital status, country of citizenship, ethnicity, religious affiliation, education level and background, knowledge, skills, abilities, certifications, profession or trade, interests and hobbies, preferences (e.g., favorite subjects, movie genres, book genres, etc.), permission regarding your device location accuracy, etc. 

When You Provide Subscriber Content

Additionally, you may provide to NatWallen.com certain Subscriber Content as such term is defined in the Terms of Use.  For example, a Subscriber may upload Subscriber Content that includes without limitation materials, comments and reviews to blog entries, a response to a survey, a response to a message from NatWallen.com or another Subscriber or User, and/or information that you provide to or post to NatWallen.com after your Account is registered.  In the case of an individual seeking to purchase a home, he or she may, for example, input information associated with a property to be bought or sold, a desired location, desired square footage, etc.

Personal Information

Subscriber Information, Access Credentials, Subscriber Content, and Contact Information shall be referred to, individually or collectively, as “Personal Information”. NatWallen.com will not permit your Profile or Contact Information to be made publicly accessible. However, Nat Wallen Real Estate expressly reserves the right to de-identify your Profile or Contact Information and may make such de-identified Profile and/or Contact Information public. 

You may choose not to specify certain Personal Information (“Opting Out”) without affecting the registration of your Account. You understand and agree that Opting Out of certain Personal Information may impair the performance of the Services, or render the Services inoperable or unavailable to you.

Personal Information We Collect When You Use NatWallen.com Services.

We may also collect Personal Information when you access the Services including the following:

1. Device Information.  When you use or access NatWallen.com, we may collect information associated with the device from which you are communicating such as your wireless mobile device, tablet computer, laptop computer, desktop computer, or the like.  Such device information may identify the make and model of your device; the type or version of your operating system; unique device identifier(s), an Internet Protocol (IP) address, a media access control (MAC) address, or information associated with your service provider or mobile carrier.

2. Usage Information.  When you use the Services, we may automatically collect or store certain Personal Information regarding your usage patterns or habits, such as:

Details of which Services you use and how often you use them, including application names, access point names (APNs), or packet data networks (PDNs). 

Information associated with real estate listings viewed.

Information regarding websites visited, promotional materials, uniform resource locators (URLs) relating thereto; time, date, or bandwidth of browsing session; type of Subscriber Content accessed (text, video, audio, or images), etc.

Device or communication performance information such as type or version of browser, browser protocols, data rates, or information identifying Quality of Service exhibited during a session, dropped communications, etc.

3. Location Information.  When you access the Services, we may collect and process information about your device’s actual location using Global Positioning System (GPS) signals sent by your device, from a third party location service, or from terrestrial network signals that identify via which network device, cell, Wi-Fi access point, network address, etc. your device is communicating. 

4. Cookies / Beacons.  We may collect and store information when you access the Services, and this may include sending one or more cookies or anonymous identifiers to your device. We may also use cookies and anonymous identifiers when you interact with the Services we offer to or other services from our partners, such as advertising services.  We may use web beacons (also known as web bugs, clear Graphics Interface Format pixel (or “clear GIFs”), 1 x 1 pixel, etc.) in combination with cookies or other Site functions to understand how you interact with the NatWallen.com Site or Services (e.g., Site webpages, advertising content, etc.), or perform web analytics or other administrative functions. Beacons do not collect Personal Information.  

New approaches that offer alternatives to cookies and beacons to better protect your privacy and to improve the security of your Personal Information may be explored by Nat Wallen Real Estate or third parties with whom Nat Wallen Real Estate obtains hosting, Site maintenance, or network services.  In the event that any of these approaches are used in addition, or as an alternative, to cookies or beacons, Nat Wallen Real Estate will update this Privacy Policy accordingly.

5. Other Data and Changes to this Privacy Policy.  We may also require other information for tracking or verifying compliance with our policies, abiding by federal, state and local laws and for editorial and feedback solicitation purposes.  In addition, from time to time, we may use your Personal Information for new, unanticipated uses, such as notification of new services, announcements and general communications.  If our information practices materially change at some time in the future, we will post such change to the NatWallen.com Site before we use your Personal Information for these new purposes, in accordance with the paragraph captioned “Periodic Changes to This Policy” above.

Grant of License

Subject to the terms and conditions of this Privacy Policy and the NatWallen.com Terms of Use, by accessing or using the Site or Services, you acknowledge, consent to, and hereby grant to Nat Wallen Real Estate a perpetual, non-exclusive, fully paid-up, and royalty-free license to use, display, modify, make derivative works of, obfuscate, de-identify, encode, translate, copy, transmit, or sublicense your Personal Information throughout the universe for our own commercial, research, and quality improvement purposes.

How We Use and Share Your Personal Information

Consent to Our Use, Collection, or Sharing of Your Personal Information.

Your Consent.  By registering or updating your Account, using or accessing the Site or Services, and/or creating or updating your Profile, you are voluntarily and unconditionally accepting the terms and conditions of the NatWallen.com Terms of Use and this Privacy Policy and are freely accepting and agreeing to our use of your Personal Information in accordance with this Privacy Policy.  You further acknowledge and agree that your access or use of the Site or the Services, or providing your Personal Information to us, including any information deemed “sensitive” by applicable law, is entirely voluntary on your part.

Withdrawal of Consent.  You have the right to withdraw your consent to Nat Wallen Real Estate collecting, using, or sharing of your Personal Information by closing your account and discontinuing use of the Site and Services.

Uses of Your Personal Information.

1. Our Internal Use.  We use your Personal Information for our own internal purposes including providing the Services to you, improving the Services, recording and analyzing how and the amount to which Users and Subscribers use the Services.

2. Creating De-identified Personal Information.  We may encode or obfuscate your Personal Information to create de-identified Personal Information that removes any information that enables a Subscriber or User to be identified.  We may use the de-identified Personal Information for our own internal purposes, for data aggregation and analytics, and/or when providing Services to you.

3. Our Communications to You.  We may communicate with you through email, text messages (e.g., using an Instant Message (IM) protocol, a short message service (SMS) protocol, or some other message protocol, notices of promotions, and notices posted via the NatWallen.com Site.  

We may also, from time to time, send you messages to inform you about how to best use the Services, new features or functionality of the Site, security warnings, planned Service disruptions, promotional and advertising content, an NatWallen.com-related event, or a third party’s goods and services.  Furthermore, we may send to your device promotional or advertising content, new versions or updates to NatWallen.com, software patches or scripts (e.g., to improve security, performance, etc.), and new security enhancements. By way of example, we may send you our periodic electronic newsletter that describes upgrades to or the latest news related to NatWallen.com, NatWallen.com-related events, etc. If you do not wish to receive this newsletter, you may select a link within the newsletter to unsubscribe or opt out of receiving future copies of the newsletter.

4. Your Communications to Us, Other Subscribers, or Third Parties.  Many communications that you initiate through NatWallen.com including posting a blog entry, providing property information, responding to requests for information, responding to a survey, etc. may include your Personal Information including without limitation your name, your email address, the other Subscriber’s name or email address, etc.  Messages you initiate may also provide the recipient with aggregate information about you (such as names, email addresses, and location information).

5. Third Party Communications.  We do not share your Personal Information with any third parties, except to those parties described in this Privacy Policy. In order to provide the Services to you, we may share Personal Information relating to you with certain other Subscribers that you select, and these Subscribers and their affiliates, contractors, advertisers, agents, or other designees may contact you regarding your needs or possible interests, as we may ourselves. Except as specified to the contrary in this Privacy Policy, we will not disclose your Personal Information that is generated or collected through your access to the Site without your consent unless such Personal Information is de-identified or we are carrying out your instructions.

6. Change in Control or Ownership of Nat Wallen Real Estate.  If Nat Wallen Real Estate or any of its assets, including without limitation the NatWallen.com Site or the Services, are acquired or transferred by a third party, we will attempt to notify you so that you may make an informed decision about a new use (if any) of your Personal Information.  

7. Communications in case of Harm or Compliance with Applicable Law.  We may disclose your Personal Information in special cases when we believe in good faith that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property or the rights or property of our Subscribers, Users, or others.  We also may disclose your Personal Information when we believe in good faith that the law, legal process or a lawful investigation requires it.

8. Security.  We exercise great care in providing secure transmission of your Personal Information between your device and our servers or those of a third party.  We also take great care to protect your Personal Information that is stored off-line.  Your Personal Information is handled by Nat Wallen Real Estate authorized personnel or third parties that are authorized by us.  Unfortunately, no data transmission over the Internet can be guaranteed to be secure, and we will not be held liable should a third party illegally obtain your Personal Information following Delivery (described below) or prior to Receipt (described below) of your Personal Information by Nat Wallen Real Estate. While we work hard to protect your Personal Information, we cannot ensure and do not warrant the security of any Personal Information you transmit to or from us, and you do so at your own risk.

Delivery and Receipt of Personal Information

Receipt and Delivery of Personal Information.  You expressly acknowledge and agree that Nat Wallen Real Estate, its members, directors, officers, employees, and agents shall have no responsibility or liability whatsoever associated with any Personal Information prior to its Receipt by Nat Wallen Real Estate Equipment from any Subscriber or User, or following the Delivery of Personal Information by the Nat Wallen Real Estate Equipment to any Subscriber or User.

Nat Wallen Real Estate Equipment” shall be defined as any server, firewall, database or other equipment on which NatWallen.com is hosted and which is owned or controlled by Nat Wallen Real Estate.

Receipt” shall be defined as the instant at which any portion of your Personal Information, is detected or received by the Nat Wallen Real Estate Equipment from a communication path (for example, a wired and/or wireless communication path or link) over which your Personal Information is transmitted by a Subscriber or User that is authorized to access or use the NatWallen.com Services.

Delivery” shall be defined as the instant at which any portion of your Personal Information, is transmitted by the Nat Wallen Real Estate Equipment and enters a communication path (for example, a wired and/or wireless communication path or link) over which the Personal Information is transmitted to a Subscriber or User that is authorized to access or use the NatWallen.com Services.

You expressly acknowledge and agree that Nat Wallen Real Estate shall have no responsibility whatsoever for any breach, loss, or theft of any Personal Information on any device of Subscriber or User that can access or use the NatWallen.com Services, or during transmission (before Receipt or after Delivery) of such Personal Information to or from the Nat Wallen Real Estate Equipment.

Indemnification.  You shall defend, indemnify, and hold harmless (i) Nat Wallen Real Estate, Inc., and its respective members, directors, officers, successors, and assigns; (ii) BellaRuby, LLC, its respective officers, directors, successors, and assigns; and (iii) Nathanael Wallen and his respective heirs, successors, and assigns (collectively, the “Indemnified Parties”) from any and all loss, cost, liability, and expense (including reasonable attorneys’ and experts’ fees) arising out of or relating to any Subscriber or User, their Internet service provider, or your use, storage, duplication, copying, modification, transmission, loss, or theft of any Personal Information (i) following the Delivery from Nat Wallen Real Estate of such Personal Information to a Subscriber, User, or third party, including any Internet service provider, or (ii) prior to the Receipt by Nat Wallen Real Estate of such Personal Information.

The Indemnified Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  In that event, you shall have no further obligation to provide defense to the Indemnified Parties in that matter, but shall remain responsible to reimburse Nat Wallen Real Estate and each of the Indemnified Parties for its defense expenses.  This section shall survive the termination or cancellation of this Privacy Policy or any termination or suspension of your use of or access to all or any aspect of the Services.

Your Choices a

Nat Wallen’s marketing campaign sells homes.

Thank You Charleston!

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"I did not know there was a contest, so when Charleston City Paper readers voted me as their favorite Realtor, it was really nice. Charleston is a beautiful place, but the people here are what make living here so great!" - Nat Wallen

The Carolina One™ Sign

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Every aspect of what makes a sale successful has been carefully dissected for your benefit. Even down to what colors are most memorable and recognizable together on the Carolina One Real Estate sign.

Drone Photography

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Luxury properties and large tracts of land need to be viewed from a different perspective to attract a buyer. Standing out to buyers on the web is critical, and drones can make that happen in the right situation.

Luxury Portfolio Program

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Carolina One sells more homes over $1,000,000 than any other company in Charleston. Our Luxury Portfolio Program includes high quality peripherals, professional photography and an international marketing reach including the Wall Street Journal, Luxuryhomes.com and our Luxury Homes magazine.

Coming Soon Program

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With nearly 1000 agents, I will share your homes as a "coming soon" offering in our private Facebook group. Your home will be exposed to all of the buyers Carolina One agents are working with and will sell your home faster, and for more money... and this may even happen before it is placed on the market.

A Secure Lockbox

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The latest technology is utilized to ensure your home is easily accessible and completely secure. You can rest assured that your home will only be accessed by licensed SC Realtors, on your time frame, and on your specific terms.

Showing Appointments

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Handling the day-to-day showing appointments is an integral part of the sales process. Nat is able to efficiently arrange showings designed to follow the guidelines that you determine.

High-Quality Photography

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Quality photography plays an important role in attracting a buyer for your home. By taking the time to determine the best angle, time of day and what photos to include in your marketing campaign, Nat’s photography speaks volumes.

A Professional Description

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Careful attention to details will ensure your home is described and presented in the best light possible. By describing your home accurately and positively, Nat will work with YOU as the seller to craft the best feature and benefit list possible.

Carolina One™ Marketing

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Your home sale will benefit with the Carolina One team at work. Through a variety of different mediums, the fully staffed marketing department works to expose your home to all buyers coming into the Charleston area.

The Caravan Tour

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Nat Wallen will arrange a Carolina One agent tour of your home. Agents will become familiar with what your home offers by seeing it in person, and can share this information with their clients. In addition, agent feedback provides insightful opinions on the asking price and what will aid in the process.

The “Now Showing” System

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Using Carolina One’s exclusive “Now Showing System,” Nat will proactively contact agents currently looking for a home like yours. This proprietary software system will locate agents currently working with buyers that fit the price range and area for your home.

Office Notifications

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Carolina One has several offices in the Charleston area. With quality materials and a strong network of active Realtors selling homes each day in your neighborhood, your home sale will benefit with the strength of Carolina One’s agents working together.

Free Home Warranty

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An American Home Shield home warranty will be placed on your property at no cost to you. This coverage is provided to you while your home is listed with Nat Wallen of Carolina One Real Estate.

Multiple Listing Service

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Nat Wallen takes great care to provide an engaging description and high-quality photography to share your home’s features with all Charleston area buyers.

Buyer E-mail Notifications

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With Nat’s knowledge of how to push the MLS features to their full capabilities, each day as buyers come into the market looking for a home like yours, they will receive an e-mail from their agent letting them know it is for sale and ready to be shown.

CarolinaOne.com

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With over 80,000 visitors each month, Carolina One’s professional website allows your home’s quality photos, detailed description and availability to be shared with incoming buyers to the area on a local, national and global scale.

Relocation Notifications

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Leading Real Estate Companies of the World will be notified of your home’s availability for sale. Composed of 550 firms, 4,600 offices and 140,000 sales associates in over 30 countries, this group of successful real estate agencies send referrals daily.

Mass Realtor Syndication

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NatWallen.com is a heavily used Charleston real estate website. In addition to reaching hundreds of buyers visiting each day, your home will be syndicated to over 3,000 Realtor websites.

Multiple Websites

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Your property will be listed on NatWallen.com, CarolinaOne.com, Google, CLRSearch.com, Trulia.com, Realtor.com, HomeFinder.com, FrontDoor.com, HGTV.com, SouthCarolina.com, Overstock.com. Yahoo.com, Fizber.com, Charleston.com, Vast.com, Hotpads.com, AOL.com, etc.

Social Networking

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Your home will be shared through various social networking portals. Nat controls several Facebook pages and groups. Your property will be shared on pages like “Charleston, SC” - “Fans of Charleston” - “Fans of MUSC” - “Mt. Pleasant SC”- “The Nat Wallen Team” - ”Nat Wallen Real Estate” and “The Best of Charleston.”


Sell your home with the market leader.