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 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®, 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 in 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 SITE. THE LINKED 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
Any claims relating to the information available on the Web Site ("Claims") shall be governed by the laws of the State of Florida 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 NEWPOINT FRANCHISOR, LLC from its offices within the United States. 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.