Seattle Post-Intelligencer

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:

  1. 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;
  2. 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;
  3. We do not verify the identity of people using our Site, and you assume the risk of believing any User Content you read; and
  4. 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:

  1. You will follow these Terms and all applicable laws;
  2. 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;
  3. You will not harass, threaten or abuse other people when using the Site in any manner;
  4. 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;
  5. 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;
  6. You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
  7. You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
  8. 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;
  9. You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
  10. 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);
  11. 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
  12. 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.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

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 this service provider's designated agent if they have a good-faith belief that their protected works are being infringed. ALL INQUIRIES NOT RELEVANT TO CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE. Please refer to the Notice and Procedure for Making Claims of Copyright Infringement at http://www.builderhomesite.com/copyrightinfringment.html for further instructions.

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.