These NAH Management Platform Terms of Use ("Terms") constitute a binding legal agreement between you ("User", "you", "your") and North American Home Management LLC, a Florida limited liability company, doing business as NAH Management ("NAH Management", "we", "us", "our"). NAH Management is a licensed Florida real estate brokerage, license number CQ1074507, Qualifying Broker Albert Wessels, license number BK3656447. By accessing or using nahmanagement.com or any of its features (the "Platform"), you agree to these Terms. If you do not agree, do not use the Platform.
By accessing the Platform you affirm that you are at least eighteen (18) years of age, possess the legal capacity to enter contracts under Florida law, and agree to be bound by these Terms together with our Privacy Policy, which is incorporated by reference. These Terms govern your use of all features of the Platform, including TenantMatch property matching, listing display, intake forms, and any future paid or premium features.
The Platform is intended for use by individuals who are eighteen (18) years of age or older and possess the legal capacity to enter contracts. The Platform is intended for use within the United States. By using the Platform you represent and warrant that you meet these eligibility requirements. We reserve the right to terminate access by any User who does not meet these requirements.
The Platform offers optional email verification through a magic link mechanism. By submitting your email address and accepting these Terms, you authorize us to send a verification link to your email and to associate your verified email with your session and preference data. You are responsible for maintaining the confidentiality of your session credentials and for all activities that occur under your verified session. Notify us at legal@nahmanagement.com if you suspect unauthorized access.
This is a material section. Please read carefully.
Your use of TenantMatch, completion of the Preference Genome quiz, submission of intake forms, and verification of your email address constitute a Limited Inquiry only. No agency relationship, no fiduciary relationship, no brokerage representation, and no transaction brokerage relationship as defined under Florida Statutes Section 475.278 arises from Platform use alone.
Physical property tours, offer preparation, contract negotiation, escrow coordination, and any other activity constituting Brokerage Services REQUIRE the prior execution of a written Representation Agreement between you and NAH Management. Until such Representation Agreement is fully executed, NAH Management acts as a transaction broker by default under Florida Statutes Section 475.278(2) and owes you only the limited duties set forth in Section 475.278(2)(b), which include: (i) dealing honestly and fairly, (ii) accounting for all funds entrusted, (iii) using skill, care, and diligence in the transaction, (iv) disclosing all known facts that materially affect the value of residential real property and are not readily observable to you, (v) presenting all offers and counteroffers in a timely manner, and (vi) limited confidentiality.
Match scores, fit explanations, and similarity rankings displayed on the Platform are algorithmic outputs based on the data you provide and the listing data available to us. They do not constitute professional advice, valuation, appraisal, or recommendation to purchase or lease any specific property. You should independently evaluate each property and consult qualified professionals before making any real estate decision.
NAH Management does not represent listing agents or sellers on properties licensed through Stellar MLS unless we are the listing brokerage of record. Information regarding third-party listing agents is provided for informational purposes only and does not create any relationship with such third-party agents.
You agree NOT to:
All Platform content, including without limitation text, graphics, logos, icons, photos, software, and the compilation thereof, is the property of NAH Management or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. MLS Data is the property of Stellar MLS and is licensed to NAH Management under MLS Grid distribution terms. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial property search purposes. No other rights are granted. The trademarks "NAH", "NAH Management", "TenantMatch", and the NAH key logo are trademarks of North American Home Group and may not be used without our prior written consent.
You retain ownership of User Content. By submitting User Content you grant NAH Management a perpetual, worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and display the User Content solely for the purpose of providing the Services, complying with applicable law, and improving the Platform. You represent and warrant that you have all rights necessary to grant this license and that User Content does not violate any third-party rights or applicable law. NAH Management has no obligation to publish, display, or retain User Content.
NAH Management is committed to compliance with the federal Fair Housing Act (42 U.S.C. Section 3601 et seq.) and the Florida Fair Housing Act (Florida Statutes Chapter 760, Part II). We do not discriminate, and will not permit Platform features to discriminate, on the basis of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, gender identity, or any other class protected under federal, Florida, or applicable local law. The Platform's preference capture features are limited to property and location attributes and do not solicit protected-class information. We will refuse to fulfill any inquiry that constitutes discriminatory steering or testing. Reports of suspected discrimination should be directed to legal@nahmanagement.com and may also be reported to the U.S. Department of Housing and Urban Development.
Listing information displayed on the Platform is provided pursuant to Internet Data Exchange ("IDX") rules of Stellar MLS and the broker reciprocity agreements administered through MLS Grid. Listing data is deemed reliable but is not guaranteed accurate by the MLS or by NAH Management. You should independently verify all information before relying on it for any decision. All copyright, intellectual property, and other rights in MLS Data remain with Stellar MLS and the originating brokerage. The Platform complies with applicable MLS Grid data display requirements including but not limited to attribution, refresh frequency, and prohibited use rules.
The Platform integrates with the following third-party service providers, each of which is independent of NAH Management and subject to its own terms of service and privacy policy: HubSpot Inc. (customer relationship management), Twilio Inc. (identity verification, future), Resend (transactional email delivery), Google LLC (Maps Platform, Cloud, and Workspace), Stellar MLS and MLS Grid (listing data ingest), Apollo.io (outbound prospecting metrics), Replit (hosting), Authentisign and Form Simplicity (electronic signature, future Tier 2), and Stripe (payment processing, future Concierge tier). Your use of any third-party service through the Platform is at your own risk and subject to the third party's terms.
By providing your email address or phone number to the Platform, you consent to receive electronic communications from NAH Management including, without limitation, transactional notifications, identity verification messages, match notifications, account-related communications, and (with separate express consent) marketing communications. We comply with the Telephone Consumer Protection Act (47 U.S.C. Section 227), the CAN-SPAM Act (15 U.S.C. Section 7701 et seq.), and applicable Florida law. Standard message and data rates may apply. You may opt out of marketing communications at any time by clicking the unsubscribe link in any marketing email or by writing to legal@nahmanagement.com. Transactional and account-related messages may continue after marketing opt-out where required to provide the Services.
THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAH MANAGEMENT EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. MATCH SCORES ARE ALGORITHMIC ESTIMATES AND NOT GUARANTEES OF SUITABILITY. PROPERTY VALUATION OUTPUTS, COMPARATIVE MARKET ANALYSES, AND SIMILAR ESTIMATES PRODUCED BY THE PLATFORM ARE PRELIMINARY AND DO NOT CONSTITUTE A LICENSED APPRAISAL UNDER FLORIDA STATUTES CHAPTER 475, PART II.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAH MANAGEMENT, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (a) ONE HUNDRED DOLLARS (USD $100) OR (b) THE AMOUNT OF FEES YOU HAVE PAID TO NAH MANAGEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DUTIES IMPOSED BY FLORIDA STATUTES CHAPTER 475 THAT CANNOT BE WAIVED BY CONTRACT.
You agree to defend, indemnify, and hold harmless NAH Management, its parent, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Platform, (b) User Content you submit, (c) your breach of these Terms, or (d) your violation of any law or third-party right. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification with counsel of our choice, and you agree to cooperate in such defense.
We may suspend or terminate your access to the Platform at any time, with or without notice, for any reason including without limitation breach of these Terms. You may discontinue use of the Platform at any time. Provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 7 (Intellectual Property), 8 (User Content), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 17 (Governing Law), 18 (Dispute Resolution), and 20 (Entire Agreement).
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Real estate brokerage activities conducted by NAH Management are governed by Florida Statutes Chapter 475 and the rules of the Florida Real Estate Commission. The federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) and the Florida Electronic Signature Act (Florida Statutes Section 668.50) apply to electronic signatures and electronic records associated with the Platform.
Before initiating any legal proceeding (other than for equitable relief or small claims), the parties agree to attempt resolution through written notice and a thirty (30) day cure period followed by mediation administered by the American Arbitration Association ("AAA") under its Commercial Mediation Procedures, with mediation conducted in Orange County, Florida.
If mediation is unsuccessful, all disputes, claims, and controversies arising out of or relating to these Terms or use of the Platform shall be settled by binding arbitration administered by AAA under its Consumer Arbitration Rules. Arbitration shall be conducted in Orange County, Florida. Each party shall bear its own fees and costs except that the parties shall equally split the arbitrator's fees and AAA administrative fees.
The parties waive any right to participate in any class action, class arbitration, or representative proceeding. Disputes shall be arbitrated on an individual basis only.
The parties knowingly, voluntarily, and intentionally waive the right to a trial by jury in any action arising out of or relating to these Terms.
Notwithstanding the foregoing, either party may (a) seek equitable relief (including injunctive relief) in a court of competent jurisdiction in Orange County, Florida, (b) bring a claim in small claims court if eligible, and (c) file a complaint with FREC regarding licensed real estate conduct, none of which are subject to mediation or arbitration under this Section.
NAH Management may assign these Terms in connection with a merger, acquisition, sale of assets, or reorganization. You may not assign your rights or obligations under these Terms without our prior written consent.
These Terms, together with the Privacy Policy and any Representation Agreement you execute with NAH Management, constitute the entire agreement between you and NAH Management regarding the Platform and supersede all prior agreements and understandings. If any provision is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
We may modify these Terms at any time. We will provide notice of material changes by email or Platform notice at least thirty (30) days before the effective date of the change. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you do not agree to a modification, your sole remedy is to discontinue use of the Platform before the effective date.
All notices, inquiries, and legal correspondence under these Terms shall be directed to:
NAH Management Legal
Email: legal@nahmanagement.com
Winter Park, Florida
North American Home Management LLC d/b/a NAH Management
Florida Real Estate Brokerage License CQ1074507
Qualifying Broker: Albert Wessels, License BK3656447