Terms of Use

Terms of Use

1. ACCEPTANCE OF TERMS

These terms of use constitute a legally binding agreement made by and between NEW HOME SITE ("NEW HOME SITE") and you, whether personally or on behalf of an entity ("you"). If you do not agree to all of these terms, you can not use this web site.

NEW HOME SITE reserves the right to make changes to this agreement at any time. Your continued use of the web site constitute assent to any new provisions of this agreement that may be posted on the web site.

2. YOUR OBLIGATIONS

In consideration of your use of the web site, you agree to be solely responsible for providing true, accurate, current, and complete information about you whenever prompted to provide such information.

3. LINKING

NEW HOME SITE makes no representations whatsoever about any other web site which you may access through this web site. Any other web site is independent from NEW HOME SITE and NEW HOME SITE has no control over the content of that web site. A link to a non-NEW HOME SITE web site does not mean that NEW HOME SITE endorses or accepts any responsibility whatsoever for the content and/or use of such web site. NEW HOME SITE has no duty whatsoever to monitor other web sites or your use of such sites. IN NO EVENT WILL NEW HOME SITE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Under certain conditions, NEW HOME SITE permits you to link to the Web site. You may link to the Web site, provided that NEW HOME SITE is notified of your use of such link and provided that you agree to remove any such link to the Web site upon NEW HOME SITE'S request within 24 hours of such request.

4. UNSOLICITED EMAIL, SPAMMING & SPOOFING

You may not send unsolicited bulk email to site or to anyone whose email address includes the domain name used on this site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else-or spoof their identity-when using this site.

5. DISCLAIMER OF WARRANTIES

WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEB SITE IS MADE AVAILABLE TO YOU "AS-IS", WITHUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSITED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES THAT THIS WEB SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRIPTION OR ERROR FREE.

TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL NEW HOME SITE OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS WEB SITE OR ANY LOSSES YOU MAY INCUR. IN NO EVENT WILL NEW HOME SITE OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED NEW HOME SITES ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

7. DISCLAIMER REGARDING INFORMATION PROVIDED

This site is intended to be informational and for general reference purposes only. NEW HOME SITE makes no guarantees with respect to any information provided on the site, and disclaims any warranties with respect to the accuracy of any information including, without limitation, mortgage calculators or other features of the site, any floor plans, square footage estimates, conceptual drawing, or listed prices. NEW HOME SITE reserves the right to change prices, floor plans, specifications, elevations, features, colors, prices and other terms without notice or obligation.

8. JURISDICTION

This web site is intended to be viewed solely by residents of the State of Iowa. All disputes arising out of relating to this Agreement or our operation of this site shall be governed by and construed in accordance with the laws of the United States and of the State of Iowa as applied to transactions entered into and to be performed wholly within Iowa between Iowa residents.

9. INTELLECTUAL PROPERTY

All materials on the web site, without limitation, the NEW HOME SITE logo, design text, graphics, other files, and the selection, arrangement and organization thereof are either owned by NEW HOME SITE or are the property of NEW HOME SITE'S suppliers or licensors. You may not use such materials without permission.

NEW HOME SITE, the NEW HOME SITE logo and other trademarks and service marks (the "NEW HOME SITE Marks"). Without NEW HOME SITE'S prior permission, you agree not to display or use in any manner the NEW HOME SITE Marks.

10. GENERAL PROVISIONS

Entire Agreement. This Agreement constitutes the entire agreement between you and NEW HOME SITE and governs your use of the web site, superseding any prior agreements between you and NEW HOME SITE with respect to the web site.

Choice of Law and Forum. This Agreement and the relationship between you and NEW HOME SITE shall be governed by the laws of the State of Iowa without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Polk, Iowa.

Waiver and Severability of Terms. The failure of NEW HOME SITE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

11. EQUAL HOUSING OPPORTUNITY

It is the policy of NEW HOME SITE to comply with both the letter and the spirit of the Federal Fair Housing Act, and amendments, which prohibit discrimination in the sale or rental of housing or vacant residential land based on race, color, religion, sex, handicap, familial status or national origin; and as to those NEW HOME SITE communities that are age restricted, to qualify for exemption from the familial status portion of the Fair Housing Act and all state age restrictions laws imposed by the state where a particular community is located.

Contacts


April Breig
(515) 783 - 3608
april@newhomesiterealty.com


Joe Pietruszynski
(515) 280 - 2059
joe@newhomesiterealty.com