Terms of Use

Welcome, and thank you for using NewHomeListingService™!

When you decide to use our products and services, you're also agreeing to our terms, so please take the time to read over the Terms of Use to your right.

Note: You are entering into a legally binding agreement.

This Agreement represents a legal document and is the Terms of Use for NewHomeListingService™’s website, https://www.NewHomeListingService.com and the NewHomeListingService™ Portal (collectively the “NewHomeListingService Website” or the “Website”). This Agreement supersedes all prior Terms of Use and is governed by and operates in accordance with the laws of the Province of Alberta and the laws of Canada applicable in that Province. By using our Website, any individual using or accessing the Website (the “User”) agrees to fully comply with and be bound by this Agreement each time he or she uses or accesses the Website.

We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version on the Website. Your continued use of the Website will be deemed your conclusive acceptance of the updated Terms of Use.

1. Introduction

Last revised on August 20, 2015

We are an online portal designed specifically to advertise New House and Condo listings exclusively

1.1. Purpose

Our mission is to promote NewHomeListingService.com (aka – NHLS™) as the solution to “Finding New Homes and Condos Faster”! NHLS™ has been designed to strategically and logically amalgamate the wide distribution and often overwhelming amount of information for new home shoppers all in one place at one time. Our services are designed to promote product sales for our members by enabling them to find active shoppers both locally, nationally and internationally who are seeking to purchase the products/services our members offer. This brings builders, real estate agents, service providers and new home shoppers together in one place.

The NewHomeListingService™ Website operates for the purpose of posting information and services pertinent to the new home and condo building industry. (“NewHomeListingService™”) is strictly an advertising site and does not provide any real estate, brokerage, appraisal or other real estate or real property related services, and does not hold itself out as being registered, licensed or otherwise authorized to perform any such services. NewHomeListingService™ does not provide any advice regarding real property, real estate, real estate transactions, brokerages, appraisals or any other real estate or real property related matters. NewHomeListingService™ does not endorse, recommend or approve of any builder, developer, real estate agent, broker, brokerage or other real estate or real property related service provider who offers services in connection with the information provided on or through the Site. You should use your own judgment regarding the merits of any individual, entity or information that you find on or through the Site.

The Site and the services offered herein are provided solely as an online search engine to present information to the public.

When using any of our Services, you are entering into a legal agreement and you agree to all of these terms.

You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

1.2. Agreement

You agree that by clicking “I Want an NHLS Account” or similar sign up option, registering, accessing or using our services (including NewHomeListingService™, our related mobile apps, developer portals, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). If you reside in Canada or the United States, your agreement is with NHGateway Inc. (referred to as “NewHomeListingService™”, “NHLS™ or “we”).

This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features (such as saving listings or setting up automatic notifications of listings or use of one of our software applications or purchasing advertisements) as may be amended by NewHomeListingService™ from time to time. If you do not agree to this Agreement, do NOT click “I Want an NHLS™ Account” (or similar) and do not access or otherwise use any of our Services.

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

2. Obligations

To use our portal you have to make some important promises to us in this Agreement:

You’re eligible to enter into this Agreement and you are at least our “Minimum Age.”

2.1. Service Eligibility

To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one NewHomeListingService™ account, which must be in your real name; and (3) you are not already restricted by NewHomeListingService™ from using the Services.

“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for NewHomeListingService™ to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.

You promised!! Keep your password a secret. (shhh)

You will not share an account with anyone else and will follow our rules and the law at all times.

2.2. Your Membership

Upon registration on the Website, the User will create a password to access NewHomeListingService™’s services. The User agrees to maintain the confidentiality of that password and is fully responsible for all liability and damages resulting from failure to maintain that confidentiality and all activities that occur through the use of such password. Should the security of the password become compromised, the User agrees to notify NewHomeListingService™ immediately. NewHomeListingService™ cannot and will not be liable for any loss or damage arising from the User’s failure to comply with password security.

You promise to make your payment obligations at all times. No credit card information is stored by our site. All payments are processed though a third party provider with enhanced security features.

There may be fees and taxes that are added to our prices as required.

We don't guarantee refunds.

2.3 Payments

If you purchase any of our paid Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • You authorize us to use a third party provider with enhanced security features to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. memberships, subscriptions) and to facilitate easy payment for new services.
  • You must pay us for applicable fees and taxes unless you cancel the Service, in which case you agree to still pay these fees through the end of the applicable subscription period. Learn how to cancel or change your Premium Services and read about NewHomeListingService™'s refund policy.
  • Taxes are calculated based on the billing information that you provide us at the time of purchase.

For NewHomeListingService™, you can get a copy of your invoice through your account settings under “Billing” or you can request your invoice through Customer Support.

You’re comfortable with us using our web portal, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.

Keeping your contact information up to date is important, you may miss out on these notices.

2.4. Notices and Service Message

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

Please review your www.newhomelistingservice.com profile and settings to control and limit what kind of messages you receive from us.

3. Rights and Limits

It’s your stuff but you’re okay with us using it! You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.

We definitely respect your choices about who gets to see your information and content and honor those requests.

You promise to only provide information and content that you have the right to share, and that your NewHomeListingService™ profile will be truthful at all times.

3.1. Your License to NewHomeListingService™

As between you and NewHomeListingService™, you own the content and information that you submit or post to the Services and you are only granting NewHomeListingService™ the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  2. We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible as noted in the Privacy Policy.
  3. We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.
  4. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.

By submitting suggestions or other feedback regarding our services to NewHomeListingService™, you agree that NewHomeListingService™ can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. NewHomeListingService™ may be required by law to remove certain information or content in certain countries.

NewHomeListingService™ reserves the right to investigate suspected or reported violations of this Agreement and to take any action it deems appropriate. This includes, but is not limited to, suspension or removal of a User’s profile, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to the User.

Sometimes depending on business decisions we may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted.

3.2. Service Availability

We may change, suspend or end any Service, or change and modify prices related to the use of the portal, respectively at our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. This does not include changing of any prices on any listing as set by a builder/developer.

NewHomeListingService™ is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in Section 3.1 of our Privacy Policy

NewHomeListingService™ will revise the content, display or functionality of this Website as it deems necessary, and consequently information on the Website may be changed, removed or updated without prior notice (again excluding any content uploaded by Builders/Developers). Disruptions to this Website may occur as a consequence of the need to revise its content, display or functionality, or for other related and/or unrelated reasons. Although it is NewHomeListingService™'s goal to minimize disruptions to this service, it does not guarantee that this Website will be available at all times. NewHomeListingService™ assumes no responsibility for direct, indirect, special or consequential damages, however caused, arising out of the use of the Website or any website linked to it.

When you see or use others' content and information posted on NewHomeListingService™, it's at your own risk.

Third parties may offer their own products and services through NewHomeListingService™, and we aren't responsible in any way for those third-party activities.

3.3. Other Content, Sites and apps

Third party issuers advertising their company on the Website assume responsibility for ensuring that the material they submit or that is directly or indirectly upload on the Website or linked to the Website is accurate and complies with applicable laws. Such third party issuers agree to indemnify NewHomeListingService™ as set out herein with respect to any claims, damages, actions or any regulatory investigations, hearings, orders or decisions or arising out of any illegality, error, omission, inaccuracy, problem or misrepresentation in any advertiser’s materials or information. The User acknowledges and agrees that NewHomeListingService™ is not responsible for any illegality, error, omission, inaccuracy, problem or misrepresentation in any advertiser’s materials or information. The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation by NewHomeListingService™ and NewHomeListingService™ makes no representation or warranties about any product or service contained therein.

If you are an official representative of a listed home, condo, townhouse or other development, and notice any inaccuracies, NewHomeListingService™ must be informed immediately in order to rectify the information in a timely manner.

Certain services and licenses provided on the Website may be provided by third parties under specific third party agreements entered into between NewHomeListingService™ and such third party provider (each a “Third Party Agreement”). As a result of a Third Party Agreement, the User may receive support services and licenses provided by such third party and the User agrees to make reasonable efforts to allow the third party to provide the support and licenses to the User under the terms of such Third Party Agreement.

We retain the right to limit how you connect and interact on our Website.

We're providing you notice about our intellectual property rights.

3.4. Limits

NewHomeListingService™ collects IP (internet protocol) addresses for system administration and internal tracking purposes. When a User visits the Website, NewHomeListingService™’s servers log and store the User’s IP address, domain name, operating system, browser type, time you logged into the Website, what pages he or she visited and length of each visit, and his or her general geographic location. The information is used for the purposes of trouble-shooting and error location, and for statistical purposes to facilitate statistical analysis of the load and usage of the Website in order to make improvements for Users. NewHomeListingService™ does not link this information to any personal information that an individual may otherwise voluntarily submit. NewHomeListingService™ adheres to the Freedom of Information and Protection of Privacy Act (FOIP).

NewHomeListingService™ shall have exclusive rights and ownership to all data or statistics derived or accumulated (collectively, the “Data”) by NewHomeListingService™ or its employees, agents or consultants as a result of the User’s activities on the Website. NewHomeListingService™ shall be entitled to use such Data for any commercial or other purpose whatsoever, without compensation to the User, its heirs, successors or assigns. Additionally, the User grants NewHomeListingService™ a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenceable, fully paid up and royalty-free right to prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any Data derived from the Content the User provides, directly or indirectly to NewHomeListingService™, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, any user submits to NewHomeListingService™, without any further consent, notice and/or compensation to the User or to any third parties.

Certain content contained on the Website, such as text, graphics, images, logos, button icons, software and other material, including its collection and arrangement, may be protected under Canadian and/or foreign copyright, trademark and other laws. All Website content provided by any User is the property of the applicable supplier of the content and Users are advised that unauthorized use of the content may violate copyright, trademark and other laws.

The User may provide links to the Website provided that portions of the Website are not removed or obscured, the link is to a website that does not engage in illegal or pornographic activities, and the link is immediately discontinued upon request by NewHomeListingService™. The User shall not sell or modify any content appearing on the Website nor will the User reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose except as specifically authorized by NewHomeListingService™. Further, the User shall not copy or adapt the HTML code that NewHomeListingService™ creates to generate its pages as the code is protected by copyright.

4. Disclaimer and Limit of Liability

This is our disclaimer of legal liability for the quality, safety, and/or reliability of our Services.

4.1. No Warranty

TO THE EXTENT ALLOWED UNDER LAW, NEWHOMELISTINGSERVICE™ (AND THOSE THAT NEWHOMELISTINGSERVICE™ WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

NewHomeListingService™ cannot and does not represent or warrant that any builder, developer, real estate agent, broker, brokerage or other real estate or real property related service provider who offers services in connection with the information provided on or through the Site is registered, licensed, qualified, or otherwise authorized or capable of performing any such service. NewHomeListingService™ does not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of information provided by any builder, developer, real estate agent, broker, brokerage, appraiser or other real estate or real property related service provider on or through the Site, including without limitation any real property evaluation or other related services. NewHomeListingService™ has taken reasonable measures to verify the accuracy of the information contained on NewHomeListingService™. Notwithstanding, prices and specifications are constantly changing as they are controlled by the membership for all postings.

Information posted to the Website is believed to be accurate and complete but it cannot be guaranteed. The User acknowledges and agrees that the User is responsible for such due diligence as the User considers necessary prior to the User taking action based on any information appearing on the Website or any website to which it may be linked.

These are the limits of legal liability we may have to you.

4.2. Exclusion of Liability

Under no circumstances will NewHomeListingService™ or any of its representatives be liable to the User for any damages arising from the use of the Website, its content, services or associated software. Furthermore, NewHomeListingService™ has no control over, and does not guarantee the accuracy or completeness of information, contained in the pages of websites linked to its Website. Opinions expressed on the Website and in any corresponding comments or links are the personal opinions of the original authors, not those of NewHomeListingService™ or any of its representatives.

The User and agrees to indemnify and hold NewHomeListingService™ and each of the directors, officers, employees, shareholders, agents and consultants of NewHomeListingService™ (hereinafter referred to as the “Personnel”) harmless from and against any and all expenses, losses, claims, actions, damages or liabilities, whether joint or several (including lost profits and any other indirect or consequential damages), and the reasonable fees and expenses of any counsel that may be incurred in advising NewHomeListingService™ with respect to and/or defending any claim, regulatory action or investigation that may be made against NewHomeListingService™ or that NewHomeListingService™ or its Personnel may become subject or otherwise involved in any capacity under any common law, statute, regulation or rule of any government tribunal or regulatory authority having jurisdiction, or otherwise insofar as such expenses, losses, claims, damages, liabilities or actions arise out of or are based, directly or indirectly, upon the use of the Website by the User or otherwise in connection with the matters referred to in this Agreement.

5. Termination

We know you will be happy, but just in case, we can each end this Agreement anytime either of us wants to.

5. Termination

NewHomeListingService™ or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members and/or Visitors rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Sections 4, 6 and 7 of this Agreement
  • Any amounts owed by either party prior to termination remain owed after termination.

You can visit our Help Center to learn how to close your NewHomeListingService™ account.

All Submissions uploaded or posted to the Website remain the property of the User posting such Submission (the “Originator”) and will be deleted from the Website upon receipt of written request by such Originator. The User represents and warrants to and acknowledges and agrees with NewHomeListingService™ that all Content related to or in connection with a Submission is the property of the Originator and all Data related to or in connection with a Submission is the property of NewHomeListingService™.

6. Dispute Resolution

In the unlikely event we end up in a legal dispute, it will take place in Alberta, Canada courts, applying Alberta/Canadian law.

6. Dispute Resolution

Any disputes arising hereunder shall be governed exclusively by the laws of the province of Alberta and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Alberta and/or the Federal Court of Canada, or any other judicial district or jurisdiction as NewHomeListingService™ may determine in any and all actions, disputes, or controversies relating hereto. This Agreement and any rules, policies, guidelines or other agreements posted on the Site by NewHomeListingService™ constitute the entire agreement between NewHomeListingService™ and you with respect to your use of the Site. No waiver by either NewHomeListingService™ or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. This Agreement has been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties.

7. General Terms

Here are some important details about how to read this Agreement.

7. General Terms

If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, we both agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this Agreement, that does not mean that NewHomeListingService™ has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that NewHomeListingService™ may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.

We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. NewHomeListingService™ “DOs” and “DON’Ts.”

8.1. Dos. You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • provide accurate information to us and keep it updated;
  • Use your real name on your profile;
  • Use the Services in a professional manner.

8.2. Don'ts. You agree that you will not:

  • Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
  • Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by NewHomeListingService™ );
  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • Violate the intellectual property or other rights of NewHomeListingService™ , including, without limitation, using the word “NewHomeListingService™ ” or our logos in any business name, email, or URL;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Copy or use the information, content or data of others available on the Services (except as expressly authorized);
  • Copy or use the information, content or data on NewHomeListingService™ in connection with a competitive service (as determined by NewHomeListingService™ );
  • Copy, modify or create derivative works of NewHomeListingService™ , the Services or any related technology (except as expressly authorized by NewHomeListingService™ );
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
  • Imply or state that you are affiliated with or endorsed by NewHomeListingService™ without our express consent (e.g., representing yourself as an accredited NewHomeListingService™ trainer);
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
  • Remove, cover or obscure any advertisement included on the Services;
  • Collect, use, copy, or transfer any information obtained from NewHomeListingService™ without the consent of NewHomeListingService™ ;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
  • Monitor the Services' availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Access the Services except through the interfaces expressly provided by NewHomeListingService™ , such as its mobile applications, NewHomeListingService™ .com;
  • Override any security feature of the Services;

Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

9. Complaints Regarding Content

9. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a customer feedback email for complaints concerning content posted by our Members.

10. How to Contact Us

10. How to Contact Us

If you want to send us contact or notice you can contact us:
http://newhomelistingservice.com/contact

OR BY MAIL at:
NHGateway Inc.
NewHomeListingService™
Attn: Agreement Matters (Legal)
2440 Kensington Road NW Suite 5 Calgary, AB, Canada T2N 4R9