Terms of Use | New Homes Market Center

Welcome to New Homes Market Center’s web site. Please read our Terms of Use carefully before proceeding with your use of this web site.

Our Terms of Use include the following topics:

- Acceptance of Terms of Use

- Privacy Policy

- Purpose of Use & General Practices

- Registration, Passwords, & Termination

- Hyperlinks

- Third Parties

- Intellectual Property

- Disclaimer of Warranties & Liabilities

- Indemnification

- Changes to these Terms of Use & Services

- Entire Agreement

- Contact Information

Acceptance of Terms of Use

New Homes Market Center, LLC (NHMC)offers you access to our web site (“site”) in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by NHMC from time-o-time. We refer to these terms, conditions, and notices, whether modified or unmodified, as the as the “Terms.” Please review the Terms often as changes may occur. These Terms shall govern the use of the site and apply to all Internet traffic visiting the site. By using NHMC’s site, you are agreeing to be bound by these Terms and that such agreement constitutes a binding contract between you and NHMC. If you do not agree with our Terms and do not wish to be bound by these terms, please do not use our site.

Privacy Policy

Registration data and certain other information about you are subject to NHMC’s Privacy Policy. For more information, please review our full Privacy Policy , which can be found on this site.

Purpose of Use & General Practices

NHMC is a licensed real estate broker and intends to attract home buyers and sellers through this site and to serve as real estate agent for such home buyers and sellers. NHMC also intends to attact new homebuyers through this site. NHMC employs the U.S. Department of Commerce’s Census Bureau’s definition of a new home. Specifically, if at the time of any deposit or contract signing of a home purchase takes place either in the year the house was built or the year after it was built, the home is considered new. The house can be in any stage of construction: not yet started, under construction, or already completed.

New homebuilders agree to recognize NHMC as real estate agents for new homebuyers. Builders agree to pay NHMC their advertised commission on the sales price of new homes purchased by NHMC’s clients.

NHMC provides site users with access to a collection of resources including various search services, content, branded programming, communications tools, and advertisements now referred to as the Service”. You promise that you will not use this site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms or for any other purpose including, but not limited to, data mining, copying, or hacking.

NHMC offers, as a part of the Service, the ability of certain parties to submit related content for inclusion on our site. NHMC will provide NHMC contact information and no other contact information on that content. The proper posting location is the Builder’s Workstation only. The content will be reviewed by NHMC prior to the final upload onto the site. NHMC reserves the right to deny final upload of any content. You will be notified within 24 hours if the content you provide is not approved by NHMC for upload. You, and not NHMC, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the Service. Under no circumstances will NHMC be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service.

You agree not to upload, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You also agree not to upload, post, transmit or otherwise make available any content that is obscene, libelous, unlawful or racially, ethnically or otherwise objectionable material.

Registration, Passwords, & Termination

You will receive a user login account should you choose to complete the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NHMC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session NHMC cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true and complete information about yourself as prompted by the Service’s registration form and update the registration data to keep it accurate. You agree to allow us to disclose your identity to law enforcement should the need arise. If you violate any of the Terms herein, you will loose your rights to access this site.

Hyperlinks

For your convenience and information only, NHMC’s site provides hyperlinks to other sites. You access these sites at your own risk. The linked sites may or may not be affiliated with this site and/or NHMC. They may have terms of use that differ from, or contain terms in addition to, the Terms specified here. Your access to such sites through hyperlinks provided on this site is governed by the terms of use and policies of those sites, not this site. The content of any linked sites is not under NHMC’s control, and NHMC is not responsible for, and does not endorse, such content, whether or not NHMC is affiliated with the owners of such linked sites.

You may not establish a hyperlink to this site or provide any hyperlinks that state or imply any sponsorship or endorsement of your web site by NHMC, or its affiliates or providers without previous written consent from NHMC.

Third Parties

These Terms are for the benefit of NHMC and (as applicable) its providers, its and their personnel, agents, affiliates, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

A number of commercial services, such as, but not limited to, listing data and financial services are offered by third parties through this site. You acknowledge that by permitting such services to be offered through the site, NHMC is acting as a passive conduit for the transmission to such third parties of any information related to such services that you retrieve or submit to NHMC. In order for NHMC to distribute your information and facilitate contacts between you and such third parties, you hereby grant NHMC permission to disclose any and all of the information that you provide to NHMC to any such third party that NHMC, in its sole discretion, deems relevant and appropriate.

You are solely responsible for providing accurate information to NHMC for transactions between you and NHMC and any third parties originating from our site. You must not submit a request for a third party service through NHMC’s site unless you intend, in good faith, to contract with such third party for the use of such service.

Intellectual property

The reserving and preserving of intellectual property rights is important to NHMC. All materials on NHMC’s site (as well as the organization and layout of this site) are owned and copyrighted or licensed by NHMC, its affiliates or its suppliers. You agree not to reproduce, distribute, resell, trade, or exploit for any commercial purposes, any portion of this site without the written consent of NHMC. Any rights not expressly granted herein are reserved.

Disclaimer of Warranties & Liabilities

NHMC SERVICES AND ALL MATERIALS, INFORMATION, AND PRODUCTS ARE PROVIDED “AS IS” WITH NO LEGAL WARRANTIES. NHMC AND ITS PROVIDERS, ITS AND THEIR PERSONNEL, AGENTS, AFFILIATES, AND SUPPLIERS EXPLICITLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES. WARRANTIES INCLUDE, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AS WELL AS THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF SERVICES. NHMC DENIES ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ITS SERVICES OR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR HYPERLINKED THROUGH NHMC’S SITE. USE OF THIS SITE IS AT YOUR OWN RISK.

NEITHER NHMC NOR ITS PROVIDERS, ITS AND THEIR PERSONNEL, AGENTS, AFFILIATES, AND/OR SUPPLIERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY.

IN NO EVENT SHALL NHMC BE LIABLE FOR HYPERLINKS, POSTINGS BY SUPPLIERS, CONTENT, AND SERVICES. NHMC DENIES ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION. NHMC IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF NHMC’S SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NHMC AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ALL DISPUTES WILL BE FINALLY, AND EXCLUSIVELY, SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE HELD BEFORE ONE ARBITRATOR UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN FORCE AT THAT TIME. NHMC WILL CHOOSE THE ARBITRATION VENUE.

Indemnification

You agree to indemnify, defend and hold NHMC and (as applicable) its providers, its and their personnel, agents, affiliates, and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents it incorporates by reference or your violation of any law or the rights of a third party.

Changes to these Terms of Use and Services

NHMC reserves the right to revise, amend, or modify our Privacy Policy , our Terms, and any other policies at any time and in any manner without notice. We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. Please visit this page often for updates and changes to these Terms.

Entire Agreement

These Terms, and each obligation referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, whether written, oral, or electronic, not incorporated herein. Any waiver of any provision of the Terms will be effective only if in writing and signed by NHMC. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NHMC as a result of this agreement or use of the NHMC’s site.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Contact information

Please direct questions about NHMC’s Terms of Use to:

Customer Service
New Homes Market Center
P.O. BOX 203805
Austin, TX 78720-3805
(866) 897-3777

Any rights not expressly granted herein are reserved by New Homes Market Center, LLC.