NativeNest™ Property Database

Effective Date: May 2026
Operated by: South Dakota Native Homeownership Coalition (“SDNHOC,” “we,” “us,” or “our”)

 

1. Acceptance of Terms

By accessing or using the NativeNest™ website, mobile applications, and services (collectively, the “Platform”), you agree to be bound by these Terms of Use. If you do not agree to these Terms, you may not access or use the Platform.

 

2. Description of Service

NativeNest™ is a proprietary database of historical property sales and valuation information for homes located on South Dakota reservations and other Native communities and markets.

The Platform provides approved users with tools to:

• Submit property sale and valuation records for inclusion in the database;
• Search, filter, and analyze historical property sales data; and
• Generate comparable sales information and reports for real estate valuation purposes.

The Platform is intended for use by licensed real estate professionals, certified or licensed appraisers, mortgage lenders, tribal housing authorities, and other qualified stakeholders involved in Native American homeownership, lending, housing, and property valuation.

Property Data

For purposes of these Terms, “Property Data” means information relating to a property, property transaction, or valuation that is useful for establishing or analyzing real estate value.

Property Data may include, as applicable:

• Property address, legal description, parcel or tract information, and general location;
• Sale price, sale date, appraised value, and other property-level transaction or valuation information;
• Property type, age, size, site characteristics, room count, and other physical characteristics;
• Construction type, design, quality, condition, improvements, amenities, and similar appraisal characteristics;
• Photographs or other property-related materials that do not contain prohibited Personal Information; and
• Other factual property or valuation information relevant to establishing comparable value.

For purposes of these Terms, “Personal Information” means information identifying or relating specifically to a buyer, seller, borrower, tenant, occupant, or other individual, including names, personal contact information, Social Security numbers, tribal enrollment numbers, financial account information, credit information, loan application information, and similar personal or financial information.

Property Data may relate to a specifically identifiable parcel or property. Classification of information as Property Data does not relieve a submitting party of any confidentiality, privacy, professional, contractual, tribal, state, or federal obligations applicable to that information.

 

3. Platform Ownership, Database Rights, and Submitted Content

The NativeNest™ Platform, database compilation, software, design, functionality, search and filtering systems, user interfaces, trademarks, branding, and reports or analytics created by SDNHOC are owned by or licensed to the South Dakota Native Homeownership Coalition and are protected by applicable intellectual property laws.

SDNHOC’s ownership of the NativeNest™ Platform and database does not transfer ownership to SDNHOC of an appraiser’s original appraisal report, photographs, documents, or other third-party materials merely because Property Data derived from those materials is submitted to NativeNest™.

When you submit Property Data or other authorized content to NativeNest™, you retain any ownership rights you may have in the underlying content. You grant SDNHOC a non-exclusive, royalty-free license to store, reproduce, organize, format, analyze, display, and make the submitted Property Data available through NativeNest™ to authorized users, and to use such Property Data in aggregated or de-identified reports, research, and analysis.

This license continues for as long as the applicable Property Data is lawfully retained by NativeNest™ in accordance with these Terms.

You may not, except as expressly authorized by SDNHOC:

• Copy, reproduce, distribute, or publicly display substantial portions of the NativeNest™ database;
• Create a competing database or commercial product using NativeNest™ data;
• Scrape, crawl, download, or systematically collect data from the Platform;
• Share login credentials or provide Platform access to unauthorized individuals;
• Republish NativeNest™ data as an independent dataset, website, publication, or commercial information product; or
• Use NativeNest™ content in a manner that violates applicable law, professional standards, confidentiality obligations, or these Terms.

Violation of these restrictions may result in suspension or termination of Platform access and other remedies available to SDNHOC.

 

4. User-Submitted Property Data

When submitting Property Data to NativeNest™, you represent that:

• You obtained the Property Data through an authorized professional, organizational, or transactional relationship;
• You have the legal and professional authority necessary to provide the Property Data to NativeNest™;
• Any permissions or authorizations required from a client, lender, borrower, property owner, tribal authority, or other party have been obtained;
• Your submission does not violate any confidentiality agreement, professional obligation, tribal law, privacy requirement, or other applicable restriction; and
• The information submitted is accurate to the best of your knowledge and has not been intentionally falsified or misrepresented.

Submitted Property Data may become part of the NativeNest™ historical property database and may be made available to authorized NativeNest users as described in these Terms.

Prohibited Personal Information

Unless specifically requested and separately authorized by SDNHOC, you may not submit Personal Information relating to buyers, sellers, borrowers, tenants, occupants, or other individuals, including:

• Names of buyers, sellers, borrowers, tenants, or occupants;
• Personal telephone numbers or email addresses;
• Social Security numbers or tribal enrollment numbers;
• Financial account or banking information;
• Credit reports, credit scores, or consumer credit information;
• Loan applications, income documentation, or personal financial records;
• Complete or un-redacted sales contracts, closing documents, loan documents, or other agreements containing Personal Information; or
• Other information whose primary purpose is to identify or provide personal or financial information about an individual.

Property addresses, parcel or tract information, photographs, and other information identifying the real estate itself may be submitted when necessary for NativeNest’s™ property valuation purposes and when the submitting party has authority to provide that information.

Documents, reports, and photographs must be appropriately redacted or limited before submission so that unnecessary Personal Information is not included.

NativeNest™ does not require submission of a complete appraisal report when the relevant Property Data can be provided separately.

 

5. Data Accuracy and Reliability

The Platform aggregates historical property sales and valuation data submitted by users and third parties. While SDNHOC strives to maintain data accuracy, we do not guarantee the completeness, accuracy, or reliability of any individual record.

Users acknowledge that:

• Property records may reflect self-reported or third-party data;
• Market conditions on tribal lands may differ significantly from surrounding areas;
• Data gaps may exist due to the historical lack of centralized record-keeping on tribal lands; and
• The Platform should be used as one of multiple tools in property valuation and not as the sole basis for financial or lending decisions.

SDNHOC is not liable for valuation errors, lending decisions, or financial outcomes resulting from the use of Platform data.

 

6. Account Security and Access

Approved users are issued individual login credentials.

You are responsible for:

• Maintaining the confidentiality of your account credentials;
• All activity that occurs under your account;
• Immediately notifying SDNHOC of any unauthorized access or security breach; and
• Ensuring that only authorized individuals within your organization access the Platform through your account.

SDNHOC reserves the right to suspend or terminate accounts showing suspicious activity, credential sharing, unauthorized access, or violations of these Terms.

 

7. Privacy, Data Use, and Protection

SDNHOC is committed to protecting the information entrusted to NativeNest™ and to using submitted Property Data only for purposes consistent with the mission and operation of the Platform.

NativeNest™ practices include:

• Maintaining reasonable administrative, technical, and organizational safeguards for Platform information;
• Limiting access to detailed Property Data to approved users and authorized personnel;
• Using Property Data to maintain the historical property database, support comparable-sales research, facilitate real estate valuation, conduct market analysis, and improve the availability of property information in Native communities;
• Permitting Property Data to be incorporated into aggregated or de-identified research, reports, statistics, or analysis;
• Restricting the submission and use of Personal Information as described in these Terms; and
• Respecting applicable tribal data governance requirements and applicable federal, state, and tribal privacy obligations.

SDNHOC does not sell or license Personal Information for advertising, consumer marketing, data brokerage, or similar commercial purposes.

NativeNest™ may make Property Data available to approved Platform users in accordance with these Terms. SDNHOC may also charge subscription, membership, administrative, or other fees for access to NativeNest™ or services provided through the Platform. Such fees support access to and operation of the NativeNest™ service and do not authorize users to resell, republish, or commercially redistribute NativeNest™ data.

SDNHOC may disclose information when required by law, legal process, applicable tribal authority, or when otherwise authorized by the party legally entitled to provide such authorization.

 

8. Tribal Sovereignty and Jurisdiction

The Platform serves property records located on Native American reservations and in Native communities across South Dakota and potentially other jurisdictions.

Users acknowledge that:

• Tribal nations exercise sovereign authority over their lands and property transactions;
• Some records may be subject to tribal law, confidentiality requirements, data governance policies, or other tribal requirements;
• SDNHOC operates in coordination with tribal housing authorities and respects tribal sovereignty and tribal data governance; and
• Disputes or data-use questions may be subject to tribal, federal, or state jurisdiction depending on the specific circumstances.

 

9. Limitation of Liability

To the maximum extent permitted by law, SDNHOC and its partners, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to:

• Loss of profits, data, or business opportunities;
• Errors in property valuation or appraisal reports;
• Decisions made by lenders, investors, appraisers, or tribal authorities based on Platform data; or
• Service interruptions, data loss, or technical failures.

 

10. Modifications to Terms

SDNHOC may update these Terms of Use from time to time.

Material changes may be communicated by email, through the Platform, or by other reasonable means.

Continued use of the Platform after revised Terms become effective constitutes acceptance of the revised Terms.

 

11. Termination

SDNHOC reserves the right to suspend or terminate your access to the Platform at any time, with or without cause, including for:

• Violations of these Terms;
• Suspicious or unauthorized account activity;
• Improper submission or use of Property Data;
• Failure to comply with applicable legal or professional requirements; or
• Requests or requirements from an applicable tribal authority.

 

12. User Authorization and Role Guidelines

Users are responsible for confirming that they have appropriate authority before submitting Property Data to NativeNest™.

Authorization requirements may vary depending on the user’s professional role, contractual relationships, applicable law, tribal requirements, and professional standards.

Lenders
Lenders may submit Property Data obtained through mortgage transactions they directly facilitated, originated, serviced, or funded when the lender has authority to share the information, including through an applicable borrower authorization, contractual right, legal exception, or other lawful basis.

Appraisers
Appraisers may submit Property Data obtained through their professional engagements only when disclosure is permitted by applicable law, professional standards, the terms of the appraisal engagement, and the appraisal client’s authorization or other applicable authority.

An appraiser should not assume that a borrower’s authorization alone permits disclosure when the borrower is not the appraisal client.

Real Estate Professionals
Real estate professionals may submit Property Data obtained through transactions in which they were directly involved when they have authority to provide the information and the submission does not violate client confidentiality or other legal or professional obligations.

Tribal Housing Authorities and Tribal Organizations
Tribal housing authorities and other authorized tribal organizations may submit Property Data from programs, transactions, or properties within their administrative authority, subject to applicable tribal law, policies, confidentiality requirements, and tribal data governance practices.

Other Stakeholders
Other stakeholders may submit Property Data obtained through their direct professional or organizational activities when they have the legal and professional authority necessary to provide the information to NativeNest™.

Best Practices for Data Submission

Users should:

• Submit only Property Data obtained through an authorized professional or organizational relationship;
• Obtain written authorization when required or when authority to disclose is uncertain;
• Remove or redact Personal Information before uploading documents, photographs, or other materials;
• Avoid submitting complete appraisal reports, loan files, closing packages, or similar documents when individual Property Data fields will accomplish the intended purpose;
• Confirm that disclosure complies with applicable professional standards, confidentiality agreements, tribal requirements, and law; and
• Contact SDNHOC before submitting information when authority to disclose is uncertain.

 

13. Indemnification

You agree to indemnify, defend, and hold harmless SDNHOC, its officers, directors, employees, agents, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your unauthorized submission of Property Data to the Platform;
• Your violation of any confidentiality agreement, professional obligation, tribal law, privacy obligation, or applicable law;
• Any claim that your submission infringes or violates the rights of any third party; or
• Your breach of these Terms of Use.

This indemnification obligation survives termination of your account and these Terms.

 

14. Dispute Resolution and Record Removal

SDNHOC is committed to maintaining the integrity of the database while respecting the rights of property owners, tribal authorities, data contributors, and other affected parties.

To Dispute a Record or Request Review

Contact SDNHOC at davids@sdnhoc.org and provide:

• The specific record or records in question;
• The basis for the dispute, such as inaccurate data, unauthorized submission, tribal privacy concern, or other issue; and
• Any supporting documentation reasonably available.

SDNHOC will review submitted disputes and may:

• Correct or remove the record;
• Restrict access to the record;
• Annotate the record with a dispute notation;
• Request additional information from the submitting party;
• Request verification from another relevant party; or
• Refer the matter to an appropriate tribal authority when applicable.

SDNHOC reserves the right to remove, modify, restrict, or annotate records at its discretion, including when requested by an appropriate tribal authority or when a record is determined to violate these Terms or applicable requirements.

 

15. Data Retention, Correction, and Removal

SDNHOC may retain lawfully obtained Property Data for an extended or indefinite period when reasonably necessary to preserve the historical completeness and usefulness of the NativeNest™ property database.

Because historical Property Data may become part of the broader NativeNest™ database and may be used by authorized users for comparable-sales and valuation purposes, submission of a record does not automatically create an unrestricted right for the submitting user to later delete that record.

However:

• Users may request correction or removal of Property Data they submitted;
• Verified property owners or other authorized parties may request review of information relating to their property;
• Tribal authorities may request review, restriction, correction, or removal of records based on applicable tribal law, policy, sovereignty, or data governance requirements;
• SDNHOC may correct, restrict, annotate, or remove records that are inaccurate, unlawfully obtained, improperly submitted, or inconsistent with these Terms; and
• Personal Information inadvertently submitted to NativeNest™ may be removed, redacted, restricted, or deleted when identified.

SDNHOC will evaluate correction and removal requests based on the source of the information, applicable authorization, legal and professional requirements, tribal data governance considerations, the integrity of the historical database, and the circumstances of the request.

Termination of a user’s Platform account does not automatically require deletion of Property Data that was previously submitted lawfully and incorporated into the NativeNest™ database.

Account and administrative information may be retained as reasonably necessary for security, compliance, record-keeping, and Platform administration.

 

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to conflict-of-law principles, except where applicable tribal law or federal law provides otherwise.

Any dispute arising out of or relating to these Terms shall be resolved in the appropriate state, federal, or tribal forum having jurisdiction over the matter.

Users acknowledge that disputes involving tribal lands, tribal entities, tribal data, or activities occurring within tribal jurisdiction may be subject to tribal law or tribal jurisdiction.

Before initiating formal legal proceedings, the parties agree to make a reasonable effort to resolve disputes through good-faith negotiation when appropriate.

 

17. Force Majeure

SDNHOC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond its reasonable control, including but not limited to:

• Tribal regulatory changes or tribal government actions;
• Internet outages or connectivity limitations;
• Natural disasters, acts of God, or severe weather events;
• Labor disputes, strikes, or shortages;
• Government actions, embargoes, or restrictions; or
• Pandemic or public health emergencies.

18. Eligibility

You must be at least 18 years of age and affiliated with a qualifying organization or otherwise approved by SDNHOC to use the Platform.

By using the Platform, you represent that you meet these eligibility requirements.

 

19. Assignment

You may not transfer, assign, or sublicense your account or your rights under these Terms without the prior written consent of SDNHOC.

SDNHOC may assign these Terms in connection with a merger, acquisition, corporate reorganization, transfer of Platform operations, or sale of all or substantially all of its assets.

 

20. Contact Information

For questions regarding these Terms of Use, account access, Property Data, privacy, or data concerns, contact:

South Dakota Native Homeownership Coalition
P.O. Box 340
Kyle, South Dakota 57752
605-455-2500
davids@sdnhoc.org

By using the NativeNest™ Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.