When you ("You" or "User") use this Internet web site (www.NewAmericanHomes.com.com) and its related services ("Site") You agree to the following terms and conditions (the "Agreement"). NewAmericanHomes.com, Inc. ("NewAmericanHomes.com" or "we") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted.
The Site contains links to other web sites or resources. While NewAmericanHomes.com makes every effort to ensure the availability and accuracy of these links, you acknowledge and agree that NewAmericanHomes.com is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at Your own risk.
Your Relationship with Merchants Who Use the Site.
Your correspondence with merchants or advertisers found on the Site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold NewAmericanHomes.com liable for any loss of damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.
Errors and Disclaimer of Warranties.
We and our content suppliers ("Content Providers") endeavor to provide a convenient, accurate and functional Site. All of the information contained on the Site is obtained from sources that we believe are accurate and reliable. However, the Content Providers do not guarantee that the information provided will be sufficient or appropriate for every individual or situation. Consequently, YOU USE THE SITE AT YOUR OWN RISK. THE INFORMATION AND PRODUCTS PROVIDED MAY NOT BE ACCURATE, WORK FOR YOUR PARTICULAR SITUATION BE SUITABLE OR APPROPRIATE FOR YOU. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION THAT WE PROVIDE.
While we make every effort to provide a sterile server environment, we also do not guarantee that the Site will be error free or that it or the servers that operate it are free of viruses or other harmful components. We urge You to keep backup copies of material, if any, that You maintain on or use with the Site. If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs.
Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
NEWAMERICANHOMES.COM ALSO MAKES NO WARRANTY THAT THE SITE WILL MEET USER'S REQUIREMENTS NOR DOES NEWAMERICANHOMES.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE. NEWAMERICANHOMES.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM NEWAMERICANHOMES.COM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability.
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). NEITHER NEWAMERICANHOMES.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. You acknowledge that without these limitations, we could not provide low cost and/or free access to the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, assign or delegate this Agreement to anyone without the express written permission of NewAmericanHomes.com. Any attempt by You to assign, transfer or delegate this Agreement without the express written permission of NewAmericanHomes.com shall be null and void. This Agreement will be governed by the law of Nevada, U.S.A., without regard to its conflicts of law provisions. Any dispute You may have with respect to this Site must be commenced within one year after it arises, or the cause of action is barred. The paragraph headings in this Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. The Agreement comprises the entire agreement between You and NewAmericanHomes.com with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. We suggest that You print out a copy of this Agreement for Your records.