Homebuilder Group, LLC (“HBG”), a subsidiary of Digital Homestead, Inc. (“DHI”), is pleased to give you access to the following websites: pre-constructionhomes.com, pre-constructioncondos.com, (the “Site”), free of charge.
Your use of the Site, and all information, products and services on this Site or otherwise made available by or on behalf of HBG, DHI, or any other subsidiary of DHI in conjunction with the site (collectively, the “Services”) are subject to the binding legal terms set forth below (“Terms”). You understand we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated Services will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SERVICES FOR ANY PURPOSE. The Services may contain links to other Websites. Your use of such other Websites is subject to the terms of use, if any, contained within each such Website. If there is any conflict between the Terms set forth below and any terms or notices set forth on any other Website, then the terms of such other Website will control your use of that Website. Please review the terms of use for each Website so that you understand all of the terms that will apply.
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 Digital Homestead, 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.
Privacy
Any information that we may collect from you during your use of the Services is subject to our Privacy Policy. We encourage you to read and understand our Privacy Policy which can be accessed at Privacy Policy.
Registration
If you decide to become a registered user of the Services, you will be asked to give us some information about yourself. If you are not registered with us, please register and become eligible for our enhanced membership benefits. During the registration process, you agree to give us true, accurate and complete information about yourself, and to promptly update this information when it changes. If you do not update it, we may suspend or terminate your use of the Services as explained below. Any personal information that you provide to us is subject to the terms of our Privacy Policy.
Account Information and Password Protection
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 HBG 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.
How You Can Use the Services
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.
Collection of Your Personal Information
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.
Collection of Your Personal Information
HBG uses your personal information we collect from and about you for a variety of purposes, including to:
Provide Services to you, such as the new home search, recommendations, matching services, home brochures, location of key resources, and other services
Develop and improve new and existing Services
Make recommendations and customize the Service to your interests and enhance your overall experience
Communicate with you, either through HBG or third parties, regarding the Service, such as updates, new features, additional listings, and new HBG opportunities, which may be of interest to you
Send your information to the Builder or Builders from whom you have requested information
Combine this information with other information about you to supplement your user profile and to better provide you with Services
Send emails and other communications to you and from you to others you have specified you want to collaborate with regarding various features of the Service
Send you free informational newsletters or notices relating to topics which may be of special interest to you, including but not limited to, builders, product manufacturers, related advertisers, and general home shopping advice
Perform internal business processes, such as analyzing data, conducting market research, and identifying trends or patterns
Combine it with aggregated behavioral or other information from third parties for internal and third party marketing purposes
Deliver relevant and customized advertising to you (see Targeted Advertising, below for more information)
Comply with applicable law; and/or
Combat fraud.
Sharing of Information
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:
With our affiliates
With our third party service providers to the extent necessary to provide specific services (such as sending newsletters to our users on our behalf) requested by HBG
To fulfill the purposes for which you provided it
In the event that HBG sells, assigns or transfers some or all of its business to a successor or acquirer, HBG may sell, assign or transfer all of your information, regardless of your opt status, to such successor or acquirer; and/or
As required by law or based on our good faith belief it is necessary or appropriate.
Out of respect for the privacy of our users, we present the option to opt-out of receiving newsletters and/or commercial e-mails whenever such messages are sent by HBG, as described below. E-mail messages from third parties are not governed by the opt-out provisions of this Privacy Policy, but all such third parties are strongly encouraged to include opt-out procedures in their messages to you.
HBG will not knowingly share, sell, rent, or otherwise transfer your information other than in accordance with these Terms of Services or the terms set forth in the Privacy Policy. We may share and otherwise transfer without restriction information that does not personally identify you.
No License Granted
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 HBG, DHI, or any of their affiliates. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER DHI PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
Protecting Children
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 HBG, that parent can send an e-mail to us support@pre-constructionhomes.com to request deletion of their child’s account.
HBG 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.
Housing for Older Persons
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.
User Content
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:
You have legal rights to post, share or contribute the User Content and it will not violate any law or the rights of any person
The User Content you post or share is, to the best of your knowledge accurate
You are entirely responsible for all User Content you upload, post, e-mail, transmit or otherwise make available by and/or through the Services; and
Additionally, you agree that:
By posting User Content you give us the royalty-free, irrevocable, perpetual, worldwide right to allow other people to use the User Content as described in these Terms; and to use, distribute, modify, display, publicly perform, publish, syndicate, and create derivative works from this User Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
We do not screen, monitor, edit or review User Content. We do have the right, in our sole discretion, to monitor or remove any User Content at any time and without notice if we believe it will improve our Services. We can also suspend or terminate use of the Services by anyone who does not follow these Terms.
Conduct of Registered Users and Visitors
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:
You will follow these Terms and all applicable laws
You will never give your password to anyone (no HBG employee will ever ask for it) and you will not provide your billing or credit information except to make a purchase
You will not harass, threaten or abuse other people when using the Services in any manner
You will not interfere with others’ use of the Site, including by interrupting other users’ sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users’ enjoyment of the Services
You will not upload, post, e-mail, or otherwise make available any User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful
You will not attempt to harvest any screen names of e-mail addresses for any commercial use
You will not collect or store personal information about any other individual on the Services, or otherwise stalk, repeatedly contact or harass another user
You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with HBG; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another
You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature
You will not manipulate the Services so as to hide your identity or participation in Services (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier)
You will not post any User Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Services we provide, users’ ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and
You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that specifically authorize you to do so (auction forums, for instances).
Please report any violations of these Terms to support@pre-constructionhomes.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.
Disclosure of Your Identity
From time to time we may receive requests to disclose the identities of our users. We only will disclose the identities of ours users or other personally identifiable information in accordance with the terms of our Privacy Policy. See Privacy Policy.
Indemnity
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 HBG, DHI 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.
Disclaimer of Warranties
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 HBG, DHI NOR ANY AFFILIATE MAKES ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT NEITHER HBG, DHI 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 HBG, DHI, AND DHI’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.
Liability Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HBG, DHI 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 HBG, DHI 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.
Access Restrictions; Termination
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.
Scheduled and Unscheduled Site Down Times
In order to ensure that you have the latest information and the best tools for your new home search, Pre-constructionhomes.com regularly performs site maintenance. Our scheduled maintenance window is every Wednesday from 2AM to 5AM Eastern 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 support@pre-constructionhomes.com.
Copyrights
Unless otherwise indicated, all content on the Site or delivered through the services is owned by Digital Homestead, Inc. and/or its licensees and protected by applicable law, with all rights reserved. HBG takes the protection of intellectual property rights, including copyrights, very seriously. HBG 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.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
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://pre-constructionhomes.com/copyrightinfringment.html for further instructions.
Equal Housing Opportunity
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.
HBG 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.
Miscellaneous
These Terms are the entire agreement between you and HBG. They supersede any and all prior or contemporaneous agreements between you and HBG 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. You agree that, with the exception of injunctive relief sought by HBG for any violation of HBG’ 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.
HBG, SMS, MMS & MESSAGING TERMS & CONDITIONS
Digital Homestead, Inc. (“HBG”) 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. HBG 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, HBG 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.
HBG reserves the right to terminate any program, in whole or in part, at any time without notice. HBG 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. HBG is not responsible for delayed receipt of any message. You are responsible for managing the types of texts and messages you receive. HBG shall not be liable for any direct, indirect, consequential, special, incidental, punitive, or any other damages, even if HBG 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 HBG, 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.