You should read this Legal information
carefully before using the Web Site. By using the Web Site, you assent
to the following terms of use. If you do not agree to these terms, do
not use the Web Site.
Fat Cat, Inc. is the owner of the NewHomesDirectory.com web site and the
New Homes Directory family of web sites (the "Web Sites").
Visitors are invited to visit the Web Sites subject to these terms and
conditions. NewHomesDirectory.com is a company registered under the laws
of the State of California. The commitments and responsibilities are set
forth elsewhere in this Web site and are included by reference here, as
an integral part of this Agreement. Fat Cat, Inc. retains sole
discretion as to decisions made regarding any use of this Web
site.
BY VISITING OR USING ANY OF THE New Homes Directory FAMILY OF WEB SITES
OR ANY PAGE OF THE New Homes Directory FAMILY OF WEB SITES, EXCEPT THIS
PAGE AND HOME PAGES OF THE New Homes Directory WEB SITES, YOU ARE
AGREEING TO BE BOUND BY THESE TERMS OF USE AND THAT SUCH AGREEMENT
CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND Fat Cat, INC. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE
ANY OF THE New Homes Directory WEB SITES OR ANY PAGE OF THE New Homes
Directory FAMILY OF WEB SITES.
FURTHERMORE, BY USING ANY OF THE New Homes Directory FAMILY OF WEB
SITES, YOU ACKNOWLEDGE THAT New Homes Directory IS NOT A REAL ESTATE
BROKER, MORTGAGE BROKER OR MORTGAGE LENDER. IT DOES NOT AID OR ASSIST
BORROWERS IN OBTAINING, SOLICIT BORROWERS OR LENDERS FOR, NEGOTIATE OR
MAKE LOANS SECURED BY LIENS ON REAL PROPERTY.
The Fat Cat, Inc.'s New Homes Directory Web site (the "Web
site") is an online communication and vendor information service
provided by Fat Cat, Inc. New Homes Directory
("NewHomesDirectory.com"). Access and use of the Web site is
subject to compliance with the terms and conditions set forth in this
agreement ("Agreement"). Please take the time to examine this
document carefully and understand its full contents before accessing or
using the Web site. By accessing or using the Web site, you will agree
to be legally bound by the terms and conditions set forth below. You
should not access or use the Web site if you do not want to be bound by
these terms and conditions, without exception. This Agreement may be
modified at any time without notice, and any such modification shall be
effective immediately upon posting. By accessing and using this Web site
you agree to periodically review this Agreement and be bound by any
modifications or amendments to this Agreement.
NewHomesDirectory.com Usage Agreement
You shall not use the NewHomesDirectory.com Web Site, in whole or in
part, for any purpose that is unlawful or prohibited by these Terms and
Conditions of or for any purposes other than those that are personal and
non-commercial, provided, however, that a real estate commission shall
not be considered a fee for the purposes hereof. You agree that you will
not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, transfer, download, post, create derivative works
from, frame in another web page, use on any other web site, transfer or
sell any information, software, lists of users, databases or other
lists, products or services provided through or obtained from the
NewHomesDirectory.com web site, including, but not limited to the text,
graphics, logos, photos, and audio and visual files, without express
written permission from NewHomesDirectory.com. This means, among other
activities, that you agree not to engage in the practices of
"screen scraping," "database scraping," or any other
activity with the purpose of obtaining lists of users or other
information. You agree that you will not use the NewHomesDirectory.com
web site in any manner that could damage, disable, overburden, or impair
the NewHomesDirectory.com web site or interfere with any other party's
use and enjoyment of the NewHomesDirectory.com web site. You may not
obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the
NewHomesDirectory.com web site.
Unauthorized individuals attempting to access any area of this site in a
prohibited manner may be subject to prosecution.
NewHomesDirectory.com Disclaimer
NewHomesDirectory.com is a company registered under the laws of the
State of California. The commitments and responsibilities are set forth
elsewhere in this Web site and are included by reference here, as an
integral part of this Agreement. NewHomesDirectory.com retains sole
discretion as to decisions made regarding any use of this Web
site.
NewHomesDirectory.com reserves the right to void or delete information
for any reason, without notice, and as it deems necessary.
NewHomesDirectory.com will not be responsible for errors or technical
difficulties with the functionality of the site or for electronic mail
transmissions. NewHomesDirectory.com accepts no responsibility for
errors in specifications, pictures or illustrations, typographical or
photographic errors, or functioning of this site's software or
hardware.
The information, photography, text, graphics and other materials
provided on this Web site are intended solely for informational purposes
only and are not intended to constitute an offer or solicitation to sell
real estate. The new home images featured on this Web site are merely
representations of the type of homes built in the particular community
and are not intended to imply that the specific new home you have viewed
on this Web site is available for sale on the terms presented. All
information regarding the new homes shown on this Web site, including
without limitation, pricing, availability, features, square footage and
floor plan are subject to change by the respective builder without
notice. While we make every effort to provide accurate information on
this Web site, we cannot guarantee that all of the information on our
Web site is correct or current.
You understand that, except for information, products or services
clearly identified as being supplied directly by NewHomesDirectory.com,
NewHomesDirectory.com does not operate, control, endorse, guarantee,
represent or warrant any information, products or services on, or
accessed through, this Web site in any way. Except for
NewHomesDirectory.com identified information, products or services, all
information, products and services offered on the Web site are offered
by third parties that are not affiliated with, nor under the control of,
NewHomesDirectory.com. NewHomesDirectory.com will not and does not
guarantee, represent or warrant that files or software of any kind, or
from any source, available for use or downloading through the Web site,
will be free of infection or viruses, worms, Trojan Horses or other code
or defects that manifest contaminating or destructive properties.
BY ACCESSING OR USING THIS WEB SITE, YOU ASSUME ANY AND ALL
RESPONSIBILITY AND RISK OF USE OF THE WEB SITE AND ANY PRODUCTS OR
SERVICES CONTAINED THEREIN. THE WEB SITE IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
NewHomesDirectory.com ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN THIS WEB SITE OR ANY OTHER WEB SITE WHICH MAY BE REFERENCED OR LINKED
TO THIS WEB SITE. REFERENCES TO CORPORATIONS, THEIR SERVICES,
INFORMATION, OR PRODUCTS ARE PROVIDED "AS IS" WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. NewHomesDirectory.com
MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE FUNCTION OF PRODUCTS
AND SERVICES AVAILABLE THROUGH THIS WEB SITE WHEN HANDLING DATES IN OR
AFTER THE YEAR 2000, AND DISCLAIMS ANY LIABILITY FOR THEIR FAILURE TO
HANDLE SUCH DATES PROPERLY.
UNDER NO CIRCUMSTANCES SHALL NewHomesDirectory.com BE LIABLE TO A USER
OR ANY OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, SALES,
GOODWILL OR PROFITS, WHETHER OR NOT NewHomesDirectory.com HAS BEEN
ADVISED OF SUCH POSSIBILITY, OR UNDER ANY LEGAL OR EQUITABLE THEORY OF
LIABILITY, IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN
CONNECTION WITH THE USE, COMMUNICATION OR TRANSMISSION WITH OR BY THE
WEB SITE. THE INFORMATION INCLUDED IN THIS WEB SITE MAY INCLUDE
TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
NewHomesDirectory.com DOES NOT REVIEW OR SUBSTANTIATE ANY OF THE
INFORMATION, PRODUCTS, SERVICES, OR CLAIMS MADE ON THE WEB SITE.
IMPROVEMENTS, MODIFICATIONS AND/OR AMENDMENTS (COLLECTIVELY
"CHANGES") ARE PERIODICALLY MADE TO THIS AGREEMENT; THESE
CHANGES WILL BE INCORPORATED INTO THE WEB SITE. NewHomesDirectory.com
MAY MAKE IMPROVEMENTS AND/OR AMENDMENTS TO THE WEB SITE AT ANY TIME WITH
OR WITHOUT NOTICE ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL
AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY
APPEAR. IT IS SOLELY THE USERS RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL INFORMATION, SERVICES, MERCHANDISE
PROVIDED THROUGH THE WEB SITE. NewHomesDirectory.com DOES NOT AND WILL
NOT GUARANTEE, REPRESENT OR WARRANT THAT THE WEB SITE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE WILL BE
CORRECTED.
Links To Third Parties' Sites
This site may contain links and pointers to sites maintained by third
parties. NewHomesDirectory.com does not operate or control, in any
respect, any software, hardware, information, products or services
received on or through such third-party sites. Third-party links and
pointers are included solely for the convenience of third-party, and do
not constitute any endorsement, representation, warranty, or guarantee
by NewHomesDirectory.com of such third-party sites. Third-party assumes
sole responsibility and risk for use of such third-party links and
pointers.
Third Party Sources
In order to provide a comprehensive resource for the new home buyer,
NewHomesDirectory.com has collected product and service offering
information from many sources. The accuracy of information has not
necessarily been verified. If you believe any information is inaccurate,
please contact NewHomesDirectory.com at support at NewHomesDirectory.org
Web Site Property
The computer programs contained on the site or other electronic media
contains the intellectual property and other proprietary information of
NewHomesDirectory.com All title to, ownership of, and rights in and to
the software including and enhancements, improvements and other
additions thereto shall remain the sole and exclusive property of
NewHomesDirectory.com.
All software and hardware involved in this site is the exclusive
property of NewHomesDirectory.com Inc. New Homes Directory This
software, including without limitation all HTML code, Java Programs and
Active X controls contained in this site, exclusively owned by
NewHomesDirectory.com Inc. New Homes Directory, is and shall, to the
maximum extent possible, be protected by copyright laws and
international treaty provisions.
Any reproduction, redistribution, public performance, display or
creation of a derivative work of the software is expressly prohibited by
this Agreement and breaches will be pursued by legal action to the
fullest extent possible. To the extent this software is covered by
copyright law, violators are given notice that any such violations may
result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. You shall have no right or
claim of right to the software or any unique ideas found on this
site.
All data and materials digitized by NewHomesDirectory.com on your
behalf, shall be exclusively licensed to NewHomesDirectory.com for the
sole purpose of use on the Site. You, or any agent or party on your
behalf, agree that you shall not enter the Site in order to use data
digitized by NewHomesDirectory.com for any purpose other than those
described in these terms and conditions, without the express written
consent of NewHomesDirectory.com.
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED.
Arbitration and General Provisions
Any claims relating to the information available on the Web Site
("Claims") shall be governed by the laws of the State of
California U.S.A., excluding the application of its conflicts of law
rules. Any claim or controversy arising out of or relating to these
Terms and Conditions shall be settled exclusively by final and binding
arbitration in accordance with the Commercial Arbitration Rules of the
American Arbitration Association. The Web Site is operated by Fat Cat,
Inc. from its offices within the United States. Fat Cat, Inc. makes no
representation that the information in the Web Site is appropriate or
available for use in other locations, and access to the Web Site from
territories where the contents of the Web Site may be illegal is
prohibited. Those who choose to access the Web Site from other locations
do so on their own initiative and are responsible for compliance with
applicable local laws.
You agree that any dispute or controversy arising out of or relating to
any interpretation, construction, performance or breach of these Terms
and Conditions or any agreement incorporating these terms and conditions
be reference, shall be settled by arbitration to be held in San Diego
County, California, in accordance with the rules then in effect of the
American Arbitration Association. The arbitrator may grant injunctions
or other relief in such dispute or controversy. The decision of the
arbitrator shall be final, conclusive and binding on the Parties to the
arbitration. Judgment may be entered on the arbitrator's decision in any
court having jurisdiction. The Parties shall each pay one-half of the
costs and expenses of such arbitration, and each shall separately pay
its counsel fees and expenses.
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