Builders Digital Experience, LLC ("BDX"), a subsidiary of Builder Homesite, Inc. ("BHI"), is pleased to give you access to the following websites: newhomesource.com, casasnuevasaqui.com, www.customnewhomes.com, homluv.com, www.newhomesourceprofessional.com, www.newhomelistings.com, www.newhomeagentconnections.com and www.showingnew.com (the "Site"), free of charge.
Although we attempt to make sure all of the information delivered through the services, including but not limited to price, square footage, elevation and floorplan images, and lot size, is accurate, by continuing to use the Services 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 DELIVERED THROUGH THE SERVICES BEFORE RELYING ON THAT INFORMATION IN ANY MANNER.
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 BDX 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 the Services 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.
Except where otherwise indicated, you may use the Services 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.
We may collect certain non-personal and personally identifiable information from you when you visit or access the Services, including information you provide to us and information we collect automatically during your visit.
Registration -- You may be required to register on the Services to use some of the resources available through the Services. We collect your personal information that you provide when you register, including, for instance, your name, address, e-mail address, a password, and phone number.
Optional Information -- You may choose to provide information voluntarily at various other points during your use of the Services, for example, if you decide to include "favorite" images, communities, homes, or other content in your profile, if you decide to participate in a survey or a contest available on the Services, or if you decide to submit reviews, ratings, comments, feedback, or other user-submitted information that is submitted for publication on the Services or for distribution to our other websites and online services or to websites and online services of our affiliates or business partners. You agree that these types of user-submitted information may be publicly displayed and may be freely shared and otherwise transferred by us. Use of these types of features of the Services that require you to provide additional information is completely voluntary on your part, and you may choose whether to disclose the information necessary to use these features of the Services.
BDX uses your personal information we collect from and about you for a variety of purposes, including to:
By agreeing to use the Services you agree that we may share your personally identifiable information with third parties who have products, services, and opportunities which may be useful to you, including builders, product manufacturers, data aggregators, marketers (possibly in the form of list rental), and other organizations.
We may also share your personal information that we collect:
Except for allowing you to use the Services for your personal use as set forth in the paragraph above, when you use the Services you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of BDX, BHI, or any of their affiliates. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER BHI PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
The safety of children is very important to us. The Site 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 the Site, 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 BDX, that parent can send an e-mail to us firstname.lastname@example.org to request deletion of their child's account.
BDX 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.
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.
In some parts of our Services, you may be able to participate in surveys, provide ratings, or reviews, post comments or questions, or otherwise contribute content for us to use and display through the Services. Your contributions may include information and materials of various kinds, including text, graphics, audio/video recordings, ratings, reviews, surveys, responses, feedback, questions, comments, and similar content ("User Content"). If you do so, you guarantee to us that:
Additionally, you agree that:
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 Services:
Please report any violations of these Terms to email@example.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 WE ARE NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICES FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
You understand that you are personally responsible for your behavior while on the Services and for all User Content provided via your account, and agree to indemnify and hold BDX, 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.
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 NEITHER BDX, BHI NOR ANY AFFILIATE MAKES ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT NEITHER BDX, BHI NOR ANY AFFILIATE WARRANTS 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, EACHE OF BDX, BHI, AND BHI'S AFFILIATES 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 OR THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BDX, BHI OR ANY OF 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 BDX, BHI OR ANY OF ITS AFFILIATES 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.
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.
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 firstname.lastname@example.org.
Unless otherwise indicated, all content on the Site or delivered through the services is owned by Builder Homesite, Inc. and/or its licensees and protected by applicable law, with all rights reserved. BDX takes the protection of intellectual property rights, including copyrights, very seriously. BDX 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 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.
All real estate advertising on the Site or delivered through the Services 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.
BDX will not knowingly accept any advertising for real estate which is in violation of the law. All visitors to the Site and users of the Services are hereby informed that all dwellings advertised 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.
New Home Technologies, NHT, New Home Source, Homluv, New Home Source Professional, Builders Digital Experience, and Builder Homesite are trademarks of Builder Homesite, Inc. or its respective subsidiaries. Other trademarks are the property of Builder Homesite, Inc. or their respective owners.
These Terms are the entire agreement between you and BDX. They supersede any and all prior or contemporaneous agreements between you and BDX 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 BDX for any violation of BDX' 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.
Builder Homesite, Inc. ("BDX") offers text message programs (a "program" or "programs"), including SMS, MMS and messaging app-specific programs, itself and on behalf of its clients. Recipients may be enrolled in a program in the following ways: receiving a text invitation, sending a text to specified numbers, filling out a web form, initiating a web chat, or sending a message via various messaging applications. BDX may also send one-time text messages. Your use of the programs is governed by the terms and conditions below. Use of the programs constitutes your acceptance of these terms, which take effect when you enroll. If you do not agree to these terms, please do not enroll in a program.
Once enrolled in a program, you will have an opportunity to decline the service via a reply to a text message you received that says STOP. By replying START subsequently, you are confirming you would like to restart a subscription to this program. Message frequency varies.
There is no charge to you for this service; however, message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone.
By participating in any program, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance. You agree that you are responsible for paying your carrier's charges to use the program or, if you are under 18 (in the U.S.) or under the age of majority in your province/territory of residence, that you have permission to use the program from the adult responsible for paying the carrier's charges.
From time to time, BDX may send Multimedia Messaging Service (MMS) messages; messages with multimedia content (pictures, videos, GIFs, etc.). MMS messages may not be available through all carriers. If your device does not support MMS messages, then you may receive an SMS messages. Prepaid users may not be able to participate. Check with your mobile operator.
BDX reserves the right to terminate any program, in whole or in part, at any time without notice. BDX reserves the right to change these terms or cancel any program at any time. Please check these terms on a regular basis for changes. Your continued use of the program after changes are posted will mean that you accept the terms as modified by the posted changes.
The information in any message may be subject to certain time lags and/or delays. BDX is not responsible for delayed receipt of any message. You are responsible for managing the types of texts and messages you receive. BDX shall not be liable for any direct, indirect, consequential, special, incidental, punitive, or any other damages, even if BDX has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of a program.
You expressly agree to indemnify, defend, and hold harmless BDX, its directors, officers, employees, servants, agents, representatives, independent contractors, and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses (including reasonable attorneys' fees), judgments, or penalties of any kind or nature whatsoever arising from your use of the programs.
To stop receiving text messages, text STOP. By enrolling in a program, you consent that following such a request to unsubscribe, you may receive one (1) final message confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription by texting START.
You can direct any questions concerning these Terms to:
Builders Digital Experience, LLC
11900 Ranch Road 620 N
Austin, TX 78750-1345