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.
You should read this legal information carefully before using the Web Site. By using the Web Site, you assent to the following terms of use. If you do not agree to these terms, do not use the Web Site.
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.
No Warranties
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.
Trademarks
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.
Arbitration Procedures
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.
Confidentiality
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.
Severability
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.
