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Terms of Use Agreement

General

Graphic Language, Inc. (“GL” or “We”) operates NewHomeFeed.com (the "Website"), which is a website which allows businesses to access or use the Website (“User” or “You”) to list, organize, and maintain inventory of home listings. The services offered by us include the Website, content (including, without limitation, images, video and accompanying audio) hosting, applications and services, links to partner Providers, our APIs, and any other features, content, mobile services, our branded URLs or applications offered from time to time by us in connection with our business (collectively, the “Services”).

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. Use of the Website is also governed by our privacy policy, which is incorporated into this Agreement by reference. By using the Services, you agree to be bound by this Agreement. If you do not agree with any term or condition of this Agreement, please do not use the Services for any purpose and leave the Website.

We may modify or amend this Agreement, without notice, at any time; such modification will be effective upon our posting such revisions to the Website. Your continued use of the Services after we post a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure that you are updated as to any changes

In order to utilize the Services, you will need access to the Internet, as well as computer equipment such as a computer, modem, or other devices. You are solely responsible for providing the computer equipment and the costs associated with such devices and Internet access.

Although the Website and other Services are normally available, there will be occasions when the Website or other Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our control. Also, although we will normally only delete User Content that violates this Agreement, we reserve the right to delete any User Content for any reason, without prior notice. Deleted content may be stored by us in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your User Content. In other words, we are not a backup service. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.

Registration

If you decide to become a registered user of the Website, you will be asked to give us some information about your business, such as name, address, email, etc. You agree to provide true, accurate and complete information, and to promptly update this information if it changes. Additionally, your email address will serve as your user name, and you will choose a password. You agree not to use the account, username, or password of another User at any time, or to disclose your password to any third party. You are responsible both for the confidentiality of your password and for all activities undertaken with your account and password. If you suspect unauthorized use of your account or password, you should notify and cooperate with us to investigate and resolve the activity.

Fees

We offer our Services on a free trial basis for the first 30 days after registration. Thereafter, Users must subscribe to continue using the Services. Users have two payment options: 1) pay monthly with a credit card or 2) pre-pay on a quarterly basis. Credit card payments are processed monthly on the first of the month for the subscription service for that month. If you do not wish to use a credit card you may pre-pay your subscription in three month increments. Pre-paid subscriptions are invoiced by the Company and payable in advance. Each subscription is valid for one license for use by one division. Users with multiple divisions within their company are required to maintain separate subscriptions for each division which wishes to use the Services.

If you wish to use the Services, we will ask you to supply certain information, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Further, we currently use Merchant e-Solutions as our credit card processor, and any and all credit card transactions are further subject to their terms, conditions, and privacy policy. If you do not wish to use a credit card, we will invoice you for the Services for a subscription period of three months, payable in advance. If you subscribe to our Services, your subscription will remain in effect from the date on which you subscribe and will automatically renew on the first of every month unless you cancel it before the end of the month. We reserve the right to change our fees from time to time in our sole discretion; we also reserve the right to terminate your subscription in the event of non-payment of fees.

Refund Policy and Cancellation

You may terminate your account at any time, for any reason, by following the instructions on the “My Account” page, sending an email to support@newhomefeed.com or by calling (415) 836-6760. We will not refund any subscription fees for the current month, but you will continue to have access to our Services for the remainder of the month. If you have pre-paid a subscription period greater than one month, we will refund the subscription fees for all full months remaining in the subscription period. This Agreement shall survive and remain in effect in its entirety, even after your account is terminated and/or you cease to use our Services.

User Content

We rely on Users to input their information to the Website, including but not limited to price, square footage, location, lot size, property specifications, and other information. We do not warrant or guarantee the accuracy of such information; you understand and agree that you are solely responsible for independently verifying all of your information on the Website. If you post any information, you represent and warrant to us that:

All information and materials of any kind, including but not limited to, text, files, images, graphics, or any other materials otherwise posted or provided by any User on our Website ("User Content") are subject to the following terms:

  1. We do not claim any ownership to the User Content. By displaying or publishing User Content, you hereby grant us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, display, reproduce and translate such User Content, including without limitation distributing part or all of the User Content in any media formats through any media channels. We and/or other Users may copy, print or display publicly available User Content outside of the Services, including without limitation, via the Website or third party websites or applications. After you remove your User Content from the Website, we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such User Content shall terminate;
  2. We perform technical functions necessary to offer the Services, including but not limited to transcoding and/or reformatting User Content to allow its use throughout the Services; and
  3. 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. We may also suspend or terminate the use of the Services by any User who does not follow this Agreement.

Use by Users

The Services are for the specifically endorsed or authorized business personal use of our Users. We reserve the right to remove unauthorized commercial content in our sole discretion. Illegal and/or unauthorized use of the Services, including collecting usernames, user identification numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from User Content without notice or explanation, and may result in termination of Membership privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Services.

Copyrights

We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to terminate the Membership of infringers.

The Services contain Content of GL (“GL Content”). GL Content may be protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in the GL Content and the Services. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the GL Content (excluding any software code) solely for your use in connection with viewing the Website and using the Services.

The Services may contain User Content and other Content of our licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

Disclaimer of Warranties

We are not responsible for, and make no warranties, express or implied, as to, the Content or the accuracy and reliability of the Content posted on or through the Services, whether caused by Users or by any of the equipment or programming associated with or utilized in the Services. Content created and posted by Users on the Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Services does not imply our approval or endorsement. If you access these third-party Websites, you do so at your own risk. We take no responsibility for third-party advertisements or third-party applications or services that are posted on or through the Services, nor do we take any responsibility for the goods or services provided by the advertisers or third party websites or applications. We are not responsible for the conduct, whether online or offline, of any User of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, availability, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, or alteration of, any User Content to third parties, including syndication listing services or websites. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any Content posted on or through the Services, or from the conduct of any Users, whether online or offline. The Services are provided "AS-IS" and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Services.

Limitation on Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITYIN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

Indemnity

You agree to indemnify and hold us, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Services which causes us to be liable to another party.

Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and we agree to submit to the exclusive jurisdiction of the courts located within the County of San Francisco in the State of California to resolve any dispute arising out of the Agreement or the Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.

Equal Housing Opportunity

All real estate advertising on the Website 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.

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 may 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, we identify those communities that are age restricted.

We will not knowingly accept any advertising for real estate which is in violation of the law. All visitors to the Website are hereby informed that all dwellings advertised in this Website 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.

Other

This Agreement is accepted upon your use of the Website or the Services and constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at support@newhomefeed.com with any questions regarding this Agreement.

NewHomeFeed is a trademark and trade name of Graphic Language, Inc.