Listing Policy & Guidelines
The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the AlanNewhomes web site (located at http://www.AlanNewhomes.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and AlanNewhomes, Inc. ("AlanNewhomes" or the "Company"). You also agree to the AlanNewhomes Listing Policy & Guidelines (the "Listing Policies") available by hyperlink at the top of this page.
If you do not agree to these Terms and Conditions and to the Listing Policies, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Chief Financial Officer, AlanNewhomes, Inc., P.O.Box 415 , Marana, Arizona 85652. AlanNewhomes may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the AlanNewhomes website.
GENERAL PROVISIONS
Membership privileges are granted by AlanNewhomes to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the AlanNewhomes web site without express written permission from AlanNewhomes. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of AlanNewhomes. AlanNewhomes requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the AlanNewhomes system. Members are not permitted to share their individual logon information with others. AlanNewhomes has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the AlanNewhomes website, or abuses their rights related to the AlanNewhomes service. Upon registration, which is free, Customer becomes a Member. A Member may search the AlanNewhomes property listings Service
AlanNewhomes utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant AlanNewhomes the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes AlanNewhomes determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. AlanNewhomes will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will AlanNewhomes have any liability for sending any email to its registered users/customers.
Submission and Administration of Listings
Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to AlanNewhomes unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on AlanNewhomes's website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the AlanNewhomes website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the AlanNewhomes website. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the AlanNewhomes website. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the AlanNewhomes website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the AlanNewhomes system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the AlanNewhomes website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to AlanNewhomes.
Use of Information
Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to AlanNewhomes. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of AlanNewhomes. AlanNewhomes does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk.
AlanNewhomes Investment Market Reports and other similar information, reports and services (individually and collectively "AlanNewhomes Market Reports"), the Service, and any and all Content offered by AlanNewhomes to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY AlanNewhomes, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Customer shall limit access to and use of active property listings, member directory, AlanNewhomes Market Reports, and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the AlanNewhomes Service as part of any effort to compete with AlanNewhomes, including without limitation using the AlanNewhomes Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential AlanNewhomes customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the AlanNewhomes Service. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.
Ownership and License Grant
AlanNewhomes retains all rights (including Intellectual Property Rights as defined below), title and interest in the AlanNewhomes Web site, technology and brochures, Email Alert (formerly PropertyAlert, formerly AlanNewhomesLeads) database, AlanNewhomesLink technology, SiteBuilder (formerly CuttingEdge) technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of AlanNewhomes's technology or delete or alter author attributes or copyright notices. Customer shall use the AlanNewhomes system solely for their own use and shall not allow others to use the AlanNewhomes system under or through that Customer's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL AlanNewhomes BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and AlanNewhomes's entire liability under this Agreement shall be a refund to Customer of the fees paid to AlanNewhomes hereunder, and in no event will AlanNewhomes's liability for any reason exceed such fee. AlanNewhomes (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify AlanNewhomes (and AlanNewhomes's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.
Warranty Disclaimers
THE LISTINGS, SERVICE, RECENTSALES INFORMATION, AND AlanNewhomes MARKET REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AlanNewhomes MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENTSALES INFORMATION, OR AlanNewhomes MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND AlanNewhomes SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED KINGDOM, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
Links to Third Party Sites
This web site may contain hyperlinks to other web sites operated by parties other than AlanNewhomes, Inc. and its subsidiaries which are beyond AlanNewhomes's control. Parties other than AlanNewhomes may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use AlanNewhomes's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the AlanNewhomes site. AlanNewhomes does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. AlanNewhomes does not assume any liability for the actions, product, and content of all of these and any other third parties. AlanNewhomes makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the AlanNewhomes site, the site you will land on is not controlled by AlanNewhomes and different terms of use and privacy statements may apply. AlanNewhomes also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Other Rights of AlanNewhomes, Inc.
Customer agrees that AlanNewhomes shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by AlanNewhomes customers and partners. AlanNewhomes shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. AlanNewhomes shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. AlanNewhomes reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on AlanNewhomes's corporate web site, located at http://www.AlanNewhomes.com.
Copyright Complaints
If you believe that your work has been copied onto AlanNewhomes in a way that constitutes copyright infringement, please provide AlanNewhomes's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying AlanNewhomes that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on AlanNewhomes, with identifying information for the listing, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Address for AlanNewhomes's copyright agent:
P.O.Box 415
Marana, Arizona 85652
Governing Law
This Agreement, and the Deliverables provided by AlanNewhomes, shall be governed by the laws of the State of Arizona, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Pima County, Arizona for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of AlanNewhomes, which retains the right to withhold consent in its sole discretion.
Notices
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at AlanNewhomes.
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Use Restrictions of AlanNewhomes Market Reports
Customer may use and copy the AlanNewhomes Market Reports only as expressly provided by this Agreement. All rights in the AlanNewhomes Market Reports not explicitly granted under this Agreement are expressly reserved by and to AlanNewhomes and Real Capital Analytics, Inc. ("RCA"). Customer may use the AlanNewhomes Market Reports only in the ordinary course of its business operations for its own business purposes. Customer may copy the AlanNewhomes Market Reports for its own personal use only and for project specific presentations or reports with a limited and controlled distribution, provided that the source of the AlanNewhomes Market Reports is attributed to AlanNewhomes and RCA, and provided that the attribution is in a form approved in writing by AlanNewhomes prior to distribution. Except as expressly provided by this Agreement, Customer shall not, nor shall it permit any other person to, (a) make or retain any copy of the AlanNewhomes Market Reports; (b) use the AlanNewhomes Market Reports as part of any effort to compete with AlanNewhomes or RCA, including without limitation, using the AlanNewhomes Market Reports to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss of AlanNewhomes or RCA sales from an existing or potential customer; (c) sell, market, license, sublicense, distribute, or otherwise grant to any person any right to use the AlanNewhomes Market Reports; (d) add, display or create derivative works from the AlanNewhomes Market Reports; or (e) remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the AlanNewhomes Market Reports, or fail to preserve all copyright and other proprietary notices in any copy of the AlanNewhomes Market Reports made by Customer. All rights in the AlanNewhomes Market Reports not explicitly granted under this Agreement are expressly reserved by and to AlanNewhomes and RCA.
AlanNewhomes may deny access to all or part of the AlanNewhomes Market Reports without prior notice if Customer violates any of the terms of this Agreement. AlanNewhomes reserves the right to audit and monitor, whether physically or electronically, the number and frequency of requests for AlanNewhomes Market Reports a Customer submits.
Proprietary Rights in, of, and to AlanNewhomes Market Reports
AlanNewhomes Market Reports and all components of the AlanNewhomes Market Reports, including without limitation, property, images, illustrations, designs, icons, graphs, charts, lists, photographs, and written and other materials contained in the AlanNewhomes Market Reports ("AlanNewhomes Market Reports Proprietary Items") are provided on strictly limited use basis. All rights, including without limitation, Intellectual Property Rights, title, and interest in the AlanNewhomes Market Reports lie exclusively with AlanNewhomes or RCA. No title, Intellectual Property Rights or other ownership rights to the AlanNewhomes Market Reports are transferred to Customer pursuant to this Agreement. Customer acknowledges that the restrictions in this Agreement are reasonable and necessary to protect AlanNewhomes's and RCA's legitimate business interests.
AlanNewhomes Market Reports Warranty Disclaimer
AlanNewhomes Market Reports have been compiled from sources believed to be reliable. Any reliance upon the AlanNewhomes Market Reports is at Customer's risk, and AlanNewhomes shall not be responsible to Customer or any third party for any liability arising from or related to the use of AlanNewhomes Market Reports in any way.
ALL SERVICES AND AlanNewhomes MARKET REPORTS ARE PROVIDED AS IS AND WITH ALL FAULTS, AND NEITHER AlanNewhomes NOR RCA MAKES ANY REPRESENTATIONS OR WARRANTIES, AND AlanNewhomes AND RCA DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE REGARDING THE SERVICES OR DELIVERABLES OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT.
AlanNewhomes Market Reports Indemnification, Limitation on Liability, and Third Party Beneficiaries
Selection and Use Indemnification
Customer assumes the sole responsibility for the selection of the AlanNewhomes Market Reports to achieve Customer's intended results, the use of the AlanNewhomes Market Reports, and the results attained from such selection and use. Customer shall defend AlanNewhomes, RCA, and affiliates, and the directors, officers, employees, independent contractors, and agents of AlanNewhomes, RCA and their affiliates ("Indemnitees"), at Customer's sole cost and expense, against any and all demands, claims, actions, suits, or other proceedings ("Claims") against Indemnitees arising from or related to Customer's selection or use of AlanNewhomes Market Reports whether or not such use is in accordance with this Agreement and shall indemnify and hold Indemnitees harmless from any and all judgments, losses, liabilities, damages, costs, and expenses (including without limitation, reasonable attorney's fees and attorney's disbursements) arising out of or incurred in connection with such Claims. Customer's liability under this Selection and Use Indemnification shall be reduced to the extent that Customer is actually prejudiced by AlanNewhomes or RCA's failure to give notice of a Claim to Customer promptly after AlanNewhomes learns of such Claim. Customer shall have the right to control the defense and settlement of any Claims for which Customer is obligated to defend, but AlanNewhomes and RCA shall each have the right to participate in such Claims at their own cost and expense.
Limitation of Liability
AlanNewhomes's total liability for the sale of AlanNewhomes Market Reports under this Agreement shall under no circumstances exceed the amount paid by Customer, if any, for accessing the AlanNewhomes Market Reports in the calendar year in which the related claim accrued. Under no circumstances shall AlanNewhomes be liable to Customer or any other person for lost revenues, lost profits, loss of business, or any indirect, incidental, special, punitive, or consequential damages of any nature, regardless of legal theory and whether or not foreseeable, even if the exclusive remedies provided by this Agreement fail of their essential purpose and even if AlanNewhomes or Customer has been advised of the possibility or probability of such damages. The remedies specifically provided by this Agreement and the provisions of this Limitation of Liability for AlanNewhomes Market Reports set forth Customer's exclusive remedies and allocate between AlanNewhomes and Customer the risks under this Agreement, some of which may be unknown or undeterminable. Such limitations were a material inducement for AlanNewhomes to enter into this Agreement, and AlanNewhomes and Customer have relied upon such limitations in determining whether to enter into this Agreement. In addition, RCA shall have no liability under this Agreement or otherwise related to AlanNewhomes Products or Services, including, without limitation, AlanNewhomes Market Reports and AlanNewhomes's website.
Third Party Beneficiaries
RCA is an intended third party beneficiary under the immediately preceding Indemnification and Limitation on Liability Sections of this Agreement and is entitled to all rights and benefits under and may enforce and obtain all remedies under law or in equity for breaches of these Sections. Except for RCA, Customer and AlanNewhomes agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.