Terms of Use
General
Builder Homesite, Inc. ("BHI") is pleased to give you access to its NewHome Source
Website, newhomesource.com (the "Site"), free of charge. Your use of the Site, and
all information, products and services on this Site (collectively, the "Services")
are subject to the binding legal terms set forth below ("Terms"). You understand
we may update these Terms from time to time without giving you any notice. Unless
we let you know by giving you notice, any new features or updated Services that
we put on the Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE
TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION
SET FORTH BELOW, DO NOT USE THE SERVICES FOR ANY PURPOSE. The Site contains links
to other Websites. Your use of such other Websites is subject to the terms of use,
if any, contained within each such Website. If there is any conflict between the
Terms set forth below and any terms or notices set forth on any other Website, then
the terms of such other Website will control your use of that Website. Please review
the terms of use for each Website so that you understand all of the terms that will
apply.
In order to use the Services, you need Internet access. You also need equipment
to access the Services, including computer, modem and other devices. You are responsible
for the costs of your Internet access and the equipment needed, and BHI is not responsible
for any of these costs. Some parts of the Site may contain mature or adult content
intended for people who are at least 18 years old. If you view this adult content,
we understand that you are telling us that you are at least 18 years old and that
the material you are viewing is acceptable to you. Parental control protections
(such as computer hardware, software or filtering services) are commercially available
that may assist parents in limiting access to content that may be harmful to minors.
Although we attempt to make sure all of the information on the Site, including but
not limited to price, square footage, elevation and floorplan images, and lot size,
is accurate, by continuing to use this Site, you acknowledge, understand and agree
that it may not be current, accurate, or complete and that Builder Homesite, Inc.
and its suppliers do not warrant or guarantee such accuracy. YOU ARE SOLELY RESPONSIBLE
FOR INDEPENDENTLY VERIFYING ALL INFORMATION ON THE SITE BEFORE RELYING ON THAT INFORMATION
IN ANY MANNER.
Privacy
Any information that we may collect from you during your use of the Site is subject
to our Privacy Policy. We encourage you to read and understand our Privacy Policy
which can be accessed at Privacy
Policy.
Registration
If you decide to become a registered user of the Site, you will be asked to give
us some information about yourself. If you are not registered with us, please register
and become eligible for our enhanced membership benefits.
During the registration process, you agree to give us true, accurate and complete
information about yourself, and to promptly update this information when it changes.
If you do not update it, we may suspend or terminate your use of the Site as explained
below. Any personal information that you provide to us is subject to the terms of
our Privacy
Policy.
Account Information and Password Protection
When you register, you will be assigned your email address as your user name and
you will select a password so that you can access your account with us. You agree
that you will keep this information confidential. You are completely responsible
for maintaining the confidentiality of your password and for all activities undertaken
with your account and password. You agree to log off of the Services at the end
of each session to prevent fraud on your account by third parties. If you think
there has been unauthorized use of your account or password, you agree to immediately
notify BHI and cooperate with us to resolve it. You understand that if you do not
follow the terms of this paragraph, we may suspend or terminate your use of this
Site as explained below. You understand that we are not responsible in any way,
and will not be liable to you or to any third person, if you do not comply with
the terms of this paragraph.
How You Can Use the Services
You may use the Services on the Site for your personal, non-commercial use. You
may make a single copy of the individual screens you see when you use the Services,
but only for your personal, non-commercial use, and not for further distribution
or transfer to others. You may not-and agree not to-modify, reformat, copy, display,
distribute, transmit, publish, license, create derivative works from, transfer or
sell any information, products or services obtained from the Services, except as
set forth in this Agreement.
No License Granted
Except for allowing you to use the Site for your personal use as set forth in the
paragraph above, when you use the Site you are not receiving a license or any other
rights from us, including intellectual property or other proprietary rights of BHI.
YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER BHI PROPERTY
EXCEPT AS INDICATED IN THIS AGREEMENT.
Protecting Children
The safety of children is very important to us. BHI is a general audience Website
that complies with the Children's Online Privacy Protection Act. When a child under
age 13 attempts to register with BHI, we ask that they have a parent or guardian
establish an account. This is to ensure that the parent or guardian consents to
the collection and use of personally identifying information from that child. If
a parent wishes to refuse to permit further collection or use of their child's information
by BHI, that parent can send an e-mail to us at
support@newhomesource.com to request deletion of their child's account.
BHI strives to create a truly safe place for children on the Internet and over the
airwaves. Parental control protections (such as computer hardware, software or filtering
services) are commercially available that may assist parents in limiting access
to content that may be harmful to minors.
Housing for Older Persons
The Fair Housing Act prohibits certain forms of discrimination including discrimination
against households with children under the age of 18. This prohibition does not
apply to "housing for older persons". Generally, "housing for older persons" falls
into two categories: housing intended for, and solely occupied by persons 62 years
of age or older; and housing that meets certain requirements including that at least
80% of the units are occupied by at least one person who is at least 55 years old.
Some sellers who provide listings to NewRetirementCommunities.com represent to us
that they fall under one of these exceptions, and consequently may restrict occupancy
based on certain age restrictions. In an effort to assist buyers, NewRetirementCommunities.com
identifies those communities that are age restricted. To find the community that
best suits your needs, look for the "age restricted" and "all ages" indicators on
each listing or community detail page
Your Postings to this Site
On some parts of our Site, you may be allowed to post or tell us your comments on
a given topic, or start a new topic for others to respond to. If you post anything,
you guarantee to us that:
- You have legal rights to post your material and it will not violate any law or the
rights of any person;
- You are entirely responsible for all material you upload, post, e-mail, transmit
or otherwise make available by and/or through the Site; and
- You are at least 18 years old if you are in an "adults only" area.
All information
and materials of any kind, including graphics, sounds, text, or otherwise posted
or provided by any user on our Site ("User Content") are subject to the following
terms:
- By posting User Content you give us the royalty-free, irrevocable, perpetual,
worldwide right to allow other people to use the User Content as described in these
Terms; and to use, distribute, modify, display, publicly perform, and create derivative
works from this User Content, in any and all media, in any manner, in whole or in
part, without any restriction or responsibilities to you;
- You understand that we are not responsible for the truth, completeness, objectivity,
or usefulness of any User Content, nor do we endorse any User Content;
- We do not verify the identity of people using our Site, and you assume the risk
of believing any User Content you read; and
- We do not screen, monitor, edit or review User Content. We do have the right,
in our sole discretion, to monitor or remove any User Content at any time and without
notice if we believe it will improve our Site. We can also suspend or terminate
use of the Services by anyone who does not follow these Terms. Nevertheless, because
we do not prescreen content, you understand that by using our Site, you may be exposed
to User Content that is offensive or objectionable.
Conduct of Registered Users and Visitors
We believe that all registered users and visitors benefit from basic rules regarding
conduct while using any of the chat room, bulletin board, e-mail, messaging or discussion
area Services, if offered, so that everyone feels free to share opinions and ideas.
The free flow of ideas is jeopardized when a few individuals act irresponsibly.
To help everyone have a positive experience, we ask, and you agree, to follow the
following basic rules of conduct when using the Site:
- You will follow these Terms and all applicable laws;
- You will never give your password to anyone (no BHI employee will ever ask for
it) and you will not provide your billing or credit information except to make a
purchase;
- You will not harass, threaten or abuse other people when using the Site in any
manner;
- You will not interfere with others' use of the Site, including by interrupting
other users' sessions, scrolling down (automatically or manually) to make it difficult
for them, or otherwise act in a way that negatively affects other users' enjoyment
of the Services;
- You will not upload, post, e-mail, or otherwise make available any User Content
that is obscene or may be hateful or offensive on racial, ethnic, sexual or any
other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or
invades another person's privacy or proprietary rights, including any patent, trademark,
trade secret, or copyrights of any party;
- You will not attempt to harvest any screen names of e-mail addresses for any
commercial use;
- You will not collect or store personal information about any other individual
on the Site, or otherwise stalk, repeatedly contact or harass another user;
- You will not impersonate any other person or misrepresent a relationship with
any person or entity, including misrepresenting a relationship with BHI; similarly,
you will not adopt a false identity if the purpose of doing so is to deceive or
defraud another;
- You will not use the Services to harm minors in any way, or encourage interactions
with minors of a sexual nature;
- You will not manipulate the Services so as to hide your identity or participation
in Services on the Site (by using another person's identity, changing headers, or
otherwise modifying any other possible identifier);
- You will not post any User Content that contains any viruses, cancel bots,
Trojan horses, harmful code, or other computer programs or code designed to interrupt
the Services we provide, users' ability to enjoy the Services, or the proper functioning
of any software, hardware or equipment or materials used in connection with the
Services; and
- You will not send any bulk unsolicited advertising, promotional information,
e-mail or other solicitation (including without limitation junk mail, "spam," chain
letters or pyramid schemes of any sort) to any person through the use of the Services,
except in areas that specifically authorize you to do so (auction forums, for instances).
Please report any violations of these Terms to
support@newhomesource.com.
If you violate any of the guidelines set forth above, or any other aspect of these
Terms, we reserve the right to suspend or terminate your rights to use the Services
without giving you any notice. In the event that your service is terminated, you
will immediately lose access to any information that may be on the system. YOU UNDERSTAND
THAT BHI IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE
SITE FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE,
HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
Disclosure of Your Identity
From time to time we may receive requests to disclose the identities of our users.
We only will disclose the identities of ours users or other personally identifiable
information in accordance with the terms of our Privacy Policy. See
Privacy Policy.
Indemnity
You understand that you are personally responsible for your behavior while on the
Site and for all User Content provided via your account, and agree to indemnify
and hold BHI and its affiliates and their officers, directors, employees and agents
harmless from and against any loss, damage, liability, cost or expense of any kind
(including attorneys' fees) that we may incur in connection with a third party claim
or otherwise, in relation to your use of the Services, your User Content, or your
access to the Site, or your violation of either these Terms or the rights of any
third party.
Disclaimer of Warranties
You understand that your use of the services (including any download from the services
and any loss of data or other damage to your computer system you experience from
using the services) is at your sole risk. you understand that the services and all
information, products and other content (including third party information, products
and content) included in or accessible from the site, are provided on an "as is"
"where-is" and "where available" basis, and are subject to change at any time without
notice to you. you acknowledge that bhi makes no warranty that the services will
be uninterrupted, timely, secure or error-free. you understand that bhi does not
warrant that the results obtained from your use of the services will meet your expectations.
no warranty of any kind, whether oral or written, can modify the terms of the disclaimer
set forth in this document.
To the fullest extent permitted by law, bhi disclaims all representations, warranties
and conditions of any kind (express, implied, statutory or otherwise, including
but not limited to the warranties of merchantability and fitness for a particular
purpose, title and non-infringement of proprietary rights) as to the services and
all information, products and other content (including third party information,
products and content) included in or accessible from the site.
Liability Disclaimer
To the maximum extent permitted by applicable law, in no event will bhi or its affiliates
be liable to you (or any third party making claims through you) for any damages
whatsoever, including but not limited to any direct, indirect, special, consequential,
punitive or incidental damages, or damages for loss of use, profits, data or other
intangibles, or the cost of procurement of substitute goods or services, unauthorized
access to and tampering with your personal information or transmissions, arising
out of or related to the use, inability to use, unauthorized use, performance or
non-performance of the site or the services, even if bhi has been advised previously
of the possibility of such damages and whether such damages arise in contract, negligence,
tort, under statute, in equity, at law or otherwise.
Access Restrictions; Termination
We can terminate your access to the Site or the Services at any time. We may also
remove any User Content that you post without cause and without notice to you.
We can also change these Terms at any time, and your continued use of the Services
after any change we make will mean that you agreed with the changes. Notice to you
may be made by displaying notices or links to notices to you generally on the Services.
IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE
SERVICES IN ANY MANNER FOR ANY PURPOSE.
Scheduled and Unscheduled Site Down Times
In order to ensure that you have the latest information and the best tools for your
new home search, Newhomesource.com regularly performs site maintenance. Our scheduled
maintenance window is every Thursday from 1AM to 6AM Central time. However, there
may be other delays and service interruptions from time to time. We apologize for
any inconvenience this may cause you. If you have questions regarding this, please
contact support@newhomesource.com.
Copyrights
All content on the Site is owed by Builder Homesite, Inc. and/or its licensees and
protected by applicable law, with all rights reserved. BHI takes the protection
of intellectual property rights, including copyrights, very seriously. BHI will
terminate your access to, or use of, the Site and/or the services, without notice
to you, if you infringe or misappropriate the intellectual property rights, including
copyrights, of others.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code,
Section 501 et seq., copyright owners or their authorized agents may submit a complaint
of alleged copyright infringement to BHI if they have a good-faith belief that their
protected works are being infringed. BHI will respond to all such notifications
that are sent to:
Builder Homesite, Inc.
11900 Ranch Road 620 N
Austin, TX 78750-1345
Attn: Copyright Disputes
(512) 651-8809
(512) 371-9552 (fax)
support@builderhomesite.com
To be effective, the notification must be a written communication that includes:
- A physical or electronic signature of a person authorized to act on behalf of the
owner of a right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single Website are covered by a single notification, a representative
list of such works at that Website;
- Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service provider to locate the
material;
- Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent,
or the law; and
- A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Upon receipt of such notification, BHI shall promptly investigate the matter, and,
if appropriate, remove or disable access to the allegedly infringing material. After
BHI removes or disables access to such material, if such material was posted by
a user of the Site, BHI will notify the party that posted the material of its action.
Such party may then provide BHI's designated agent proper "counter-notification"
stating his, her or its authority to post the allegedly infringing material, which
BHI will forward to the alleged copyright owner. BHI will inform the alleged copyright
owner that BHI will repost the removed material or cease disabling access to it
in ten to fourteen business days unless the alleged copyright owner sends a second
notification to BHI's designated agent stating that it has filed suit against the
alleged infringer.
An effective counter-notification must be sent to BHI's designated agent, whose
name and address are listed above. The notice must include the following information:
- The counter-notifying party's physical or electronic signature;
- Identification of the material that has been removed or disabled and the location
where the material was before its removal or disablement;
- A statement, under penalty of perjury, that the party has a good faith belief that
the material was removed or disabled as a result of mistake or misidentification;
and
- The counter-notifying party's name, address, phone number, and a statement that
the party consents to the jurisdiction of the federal court in its district, or
if the subscriber is foreign, it consents to any jurisdiction where BHI is subject
to jurisdiction, and that the subscriber will accept service of process from the
person who provided BHI with notification or an agent of such a person.
Equal Housing Opportunity
All real estate advertising on the Site is subject to the Fair Housing Act, which
makes it illegal to advertise any preference limitation or discrimination based
on race, color, religion, sex, handicap, familial status or national origin, or
an intention, to make any such preference, limitation or discrimination. Familial
status includes children under the age of 18 living with parents or legal custodians;
pregnant women; and people securing custody of children under 18.
BHI will not knowingly accept any advertising for real estate which is in violation
of the law. All visitors to the Site are hereby informed that all dwellings advertised
in this Site are available on an equal opportunity basis. To complain of discrimination
call the U.S. Department of Housing and Urban Development toll-free at 800-669-9777.
The toll-free telephone number for the hearing impaired is 800-927-9275.
Trademarks
NewHome Technologies, NHT, NewHome Source and Builder Homesite are trademarks of
Builder Homesite, Inc. Other trademarks are the property of Builder Homesite, Inc.
or their respective owners.
Miscellaneous
These Terms are the entire agreement between you and BHI. They supersede any and
all prior or contemporaneous agreements between you and BHI relating to your use
of the Site or the Services. If any part of these Terms is determined to be invalid
or unenforceable, it will not impact any other provision of these Terms, all of
which will remain in full force and effect. These Terms are governed by, and will
be interpreted in accordance with, the laws of the State of Texas, without regard
to any choice of law provisions. You agree that, with the exception of injunctive
relief sought by BHI for any violation of BHI' proprietary or other rights, any
and all disputes relating to these Terms, your use of the Site or the Services shall
be resolved by arbitration in accordance with the then-current rules of the American
Arbitration Association (the "AAA") before an independent arbitrator designated
by the AAA. The location of arbitration shall be Austin, Texas, USA. You can direct
any questions concerning these Terms to:
Builder Homesite, Inc.
11900 Ranch Road 620 N
Austin, TX 78750-1345
NewHome Technologies, Inc. is a trade name of Builder Homesite, Inc.
