2. You agree to use Our Site in a manner consistent with any and all applicable rules and regulations.
3. You accept that Our Site is provided on an "AS IS, AS AVAILABLE" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE SENDING OF NOTICE TO THE OTHER PARTY.
7. You are authorized to download one copy of the material on Our Site on up to three computers for your personal, non-commercial use only, but you may not in so doing remove or amend any trademark, copyright or other proprietary notice.
8. Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on Our Site without our prior consent in writing. No intellectual property or other rights shall be transferred to you.
9. To the extent that portions of Our Site (such as "chat rooms" or "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, AND POSTINGS DO NOT NECESSARILY REFLECT OUR VIEWS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE EXCLUDE ALL RESPONSIBILITY AND LIABILITY FOR THE POSTINGS OR FOR ANY LOSSES OR EXPENSES RESULTING FROM THEIR USE AND/OR APPEARANCE ON OUR SITE.
10. DISCLAIMER OF WARRANTIES. OUR SITE AND THE MATERIALS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. CERTAIN STATES DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ONE OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
12. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties.
13. Where we provide hypertext links to third party web sites we do so for information purposes only, and such links are not endorsements by us of any products or services in such sites and we accept no liability nor make any endorsement or approval of the same. We are not responsible for the content or practices of linked third-party sites and do not make any representations or warranties about the content or accuracy of materials on such third-party web sites or the practices of such sites.
17. Materials contained on or obtained through Our Site, including, but not limited to, text, graphics, images, data, audio and video (collectively, the “Materials”), are owned or licensed by New Home Construction Search, Inc. New Home Construction Search, Inc., and its third-party licensors retain all proprietary rights in and to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how) and all broadcasting rights or other distribution rights associated therewith. In addition, the entire content of Our Site is copyrighted as a collective work by New Home Construction Search, Inc. Unless otherwise expressly indicated on Our Site, except for downloading, storing, viewing and printing limited portions of the Materials for your own personal, noncommercial use, you may not download, store, print, modify, copy, reproduce, translate, perform, display, publish, create derivative works of, distribute or otherwise use the Materials in any way, without the prior written permission of New Home Construction Search, Inc.; provided, however that you may, as a licensed real estate professional, share the information with bona fide real estate buyers whom you are assisting in locating real estate for purchase.
18. You may not frame or utilize framing techniques to enclose all or any portion of Our Site or use automated tools for reading or retrieving the real estate data provided on Our Site. You may not use any metatags or any other similar hidden text utilizing New Home Construction Search, Inc.’s name or trademarks.
19. Use Policies. You may not do any of the following while using Our Site:
If you violate any of this Section, your permission to use the Materials and Our Site automatically terminates.
20. You understand and expressly agree that use of Our Site and the Materials is at your sole risk and that Our Site and the Materials may not be current, complete, uninterrupted, accurate or error-free. We make no representation or warranty regarding the use, validity, security, accuracy, currency, completeness, reliability or the results from the use of Our Site or the Materials and do not assume any liability or responsibility for any errors or omissions in the Materials or any actions taken or not taken in reliance upon the Materials. The Materials may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
21. You agree to defend, indemnify and hold harmless New Home Construction Search, Inc. and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, attorneys’ fees) arising from or relating to your use of Our Site or the Materials, material that you post to Our Site or otherwise provide to New Home Construction Search, Inc., or your breach or violation of these Terms. New Home Construction Search, Inc. reserves the right to defend any such claim, and you agree to provide New Home Construction Search, Inc. with such reasonable cooperation as it may request.
22. We may, at our discretion and in appropriate circumstances, terminate the accounts of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Agent the notice and information required by the Digital Millennium Copyright Act, including, but not limited to, 17 U.S.C. § 512. Notification of claims of copyright infringement relating to material on this web site should be sent to the following Designated Agent:
Service Provider: New Home Construction Search, Inc.
Address: 5455 N. Federal Hwy Suite K, Boca Raton, Florida, 33487
Designated Agent: Webmaster
Address of Agent: 2275 S Federal Hwy, Suite 270, Delray Beach, FL 33483
Telephone No.: 877-257-6880
Facsimile No.: 561-939-2887
Email address: firstname.lastname@example.org
23. These Terms will be governed by the internal laws of the State of Florida. You agree that any and all disputes, claims and causes of action arising from or relating to Our Site or these Terms may be brought only in a court of competent jurisdiction in Chicago, Florida, and you hereby consent to the jurisdiction, venue and convenience of such courts. Any and all disputes, claims and causes of action arising out of or relating to Our Site or these Terms shall be resolved individually, without resort to any form of class action.
24. Our Site is based in the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access Our Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any waiver of any term or provision of these Terms will be effective only if it is in writing and signed by New Home Construction Search, Inc. No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such term or provision or any other term or provision. These Terms constitute the entire agreement between the parties pertaining to the subject matter hereof, and cancels and supersedes all prior oral and written negotiations, agreements or understandings between the parties with respect to the subject matter hereof.