Date Last Revised: July 6, 2020
NewPoint Franchisor, LLC, d.b.a. Homes & Land, is the owner of the HomesAndLand.com web site (the "Web Site"). Visitors are invited to visit the Web Site subject to these terms and conditions.
Scope of Use
You shall not sell, copy, distribute, license, transfer, publish, display, transmit, download, post, or in any way exploit the Content (collectively, the text, graphics, logos, software, photos, audio, and visual files constitute the "Content") in the Web Site for a fee; provided, however, that a real estate commission shall not be considered a fee for the purposes hereof. Actions which violate the immediately preceding sentence are expressly prohibited by law, and may result in civil and/or criminal penalties. Violators will be prosecuted to the fullest extent of the law.
ALL INFORMATION ON THE WEB SITE IS PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT THE SOLE RISK OF THE USER. NEWPOINT FRANCHISOR, LLC DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. AS A SERVICE TO PEOPLE WHO VISIT THE WEB SITE, NEWPOINT FRANCHISOR, LLC PERMITS REAL ESTATE AGENTS TO PUBLISH INFORMATION REGARDING THEMSELVES AND THEIR SERVICES. NEWPOINT FRANCHISOR, LLC DOES NOT RECOMMEND OR ENDORSE ANY OF THE REAL ESTATE AGENTS, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY THE REAL ESTATE AGENTS OR OTHERWISE THROUGH THE WEB SITE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE WEB SITE. USERS SHOULD SEEK THE ASSISTANCE OF LICENSED REAL ESTATE PROFESSIONALS REGARDING THE EVALUATION OF SPECIFIC CONTENT OBTAINED ON THE WEB SITE. USERS ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT THEY MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES OR ANY OTHER DESTRUCTIVE PROGRAMS OR CODE.
Limitation of Liability
NEWPOINT FRANCHISOR, LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEB SITE, EVEN IF NEWPOINT FRANCHISOR, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEB SITE, SOFTWARE, OR RELATED INFORMATION, RECORDS OR PROGRAMS.
The following trademarks are owned by NewPoint Franchisor, LLC and/or its affiliates. Unauthorized use of any of these trademarks may be a violation of federal and/or state law.
Homes & Land®, Homes and Land®, HomesAndLand.com®, Rental Guide®, Home Guide®, Luxiere, and Estates & Homes®
Modifications to Rules and Content
NewPoint Franchisor, LLC reserves the right to modify the rules and regulations governing the Web Site at any time. Modifications will be posted on the Web Site, and users are deemed to be apprised of and bound by any changes to these rules and regulations. In addition, NewPoint Franchisor, LLC reserves the right to make improvements and/or changes to the Content of the Web Site at any time.
Violations of Rules and Regulations
NewPoint Franchisor, LLC reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the Web Site, including the right to block access from a particular Internet address to the Web Site.
Linked Internet Sites
THE LINKS IN THE WEB SITE WILL LET THE USER LEAVE NEWPOINT FRANCHISOR, LLC'S WEB SITE. THE LINKED INTERNET SITES ARE NOT UNDER THE CONTROL OF NEWPOINT FRANCHISOR, LLC, AND NEWPOINT FRANCHISOR, LLC IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE WEB SITE. NEWPOINT FRANCHISOR, LLC IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE WEB SITE IS AT THE USER'S OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY NEWPOINT FRANCHISOR, LLC OF THE LINKED SITE.
Arbitration and General Provisions
You and we each agree that any and all disputes or claims that relate to or arise from your use of, or access to, our Web Site or Services, or any products or services sold, offered, or purchased from us, shall be resolved exclusively through final and binding arbitration.
This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including, but not limited to, actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect our other users.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules and a form for initiating arbitration proceedings are available on the AAA's site at https://www.adr.org.
The arbitration shall be held in Travis county, Texas or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your Demand for Arbitration, and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate, or enforce the award and for disclosure in confidence to the parties' respective attorneys, tax advisors, and senior management and to family members of a party who is an individual.
With the exception of the section entitled Prohibition of Class and Representative Actions and Non-Individualized Relief, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Prohibition of Class and Representative Actions and Non-Individualized Relief is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
NewPoint Franchisor, LLC 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.