Terms of Use

Last Updated October 12, 2020

Welcome to the website inewhomes.com (“Website”)! These Terms of Service (“Terms”) is the binding legal agreement between:

  1. you, the visitor of the Website and the user of our Services as defined below (“Customer” or “you”); and
  2. INEW-HOMES, LLC, a Florida Limited Liability Company, having its registered address at 323 SUNNY ISLES BLVD, SUITE 728, SUNNY ISLES BEACH, FL 33160 (“iNewHomes”, “we” or “us”).

By visiting and browsing our Website and/or using our Services (as defined below), you constitute an agreement to these Terms. If you do not agree to be bound by these Terms, you shall not access this Website or use our Services. Please read these Terms before you use this Website and Services.

iNewHomes reserves the right to change these Terms. These changes are effective immediately upon posting. When changes come into effect, the revised Terms shall supersede the previous version of the Terms. You are responsible for regularly reviewing these Terms.

These Terms contain important information regarding the use of the Website, your rights and obligations.

The collection, use and protection of your personal information are regulated by the Privacy Policy, which is an integral part of these Terms. The Privacy Policy shall have the same effect as the Terms.

Disclaimer; Description of Services

  1. By using our Services and Website, you acknowledge and understand that the information given on the Website is provided as a result of an online search engine. Any information on the Website, including, without limitation, real property description, price, size, images, can be inaccurate or incomplete through no fault of iNewHomes. iNewHomes does not verify any real estate property information and cannot guarantee that such information is accurate, complete and correct, nor can we be held liable for any errors, omission, interruptions, inaccurate, misleading or untrue information or non-delivery of information and/or services.
  2. Since we obtain this information from third party sources, we do not warrant and guarantee that the information is updated. You should independently verify such information with the property provider before relying on such information.
  3. iNewHomes does not perform real estate, brokerage, appraisal or any other real-estate or real property related services.
  4. This Website does not constitute and shall not be regarded as a recommendation or endorsement of the quality, service level, qualification of real estate property, agent or other third party provider.
  5. iNewHomes provides only services related to, without limitation, hosting and maintaining the Website, enabling the Customers to access property listings, connect and communicate with real property providers and agents, and providing other tools and features for property search (jointly hereinafter referred to as the “Services”).

Equal Housing Opportunity; Housing of Older Persons

  1. The Civil Rights Act and the Fair Housing Act prohibit all discrimination in the sale or rental of property. We do not knowingly list any property that is advertised by agents in violation of the applicable law. If you suspect any discrimination and want to complain about it, please contact the U.S. Department of Housing and Urban Development at 800-669-9777.
  2. Please note that the above limitation does not apply to households for older persons. If we mark a property as “housing for older persons” we rely on the information provided by the relevant property provider without verification of such information. Please contact the property provider to obtain updated information.

Eligibility

You may use our Services and Website if you are over 18 years old or the legal age as defined by your country of residence and only as permitted by applicable law, including laws and regulations of your country of residence. We are not responsible for any use of our Services and Website in any way or manner by entities that are not permitted to do so by applicable law.

Linked Sites

This Website may contain links to third party web sites (“linked sites”). The linked sites are not under the control of iNewHomes and we are not responsible for the content of any linked site. iNewHomes makes no representations regarding the content or appropriateness of content on such sites. When you access a linked site from this Website, you leave the Website and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions posted on the linked site.

Account

  1. In order to search for real estate properties, you do not need to register an account on the Website. However, certain features are available upon account registration. If you decide to create an account, you agree to provide accurate and correct information requested for account opening. You shall update your contact details to keep it accurate and correct as we may use these details to contact you in relation to any matters.
  2. You shall be responsible for security of your account on the Website and keep your user ID and password confidential. You shall be solely responsible for any actions (and their consequences) in your account.

Use of the Website and Services

  1. Subject to user’s compliance with the Terms, iNewHomes grants to user a limited, non-exclusive, non-transferable license to access and use the Services of iNewHomes available via the Website. You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms or any applicable laws. You must not, without limitation:
    • use our Services to perform criminal activity of any kind;
    • damage, disable, overburden or impair the Website or Services, or interfere with any other party’s use and enjoyment of the Website or Services;
    • attempt to gain unauthorised access to the Services, computer systems or networks connected to the Services by any means;
    • reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Service;
    • upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages through the Website or Service;
    • make available any materials containing viruses, bots or other code, files or programs designed to interfere, hinder or impair the operation of any computer, telecommunication equipment or software;
    • violate third party rights, including, without limitation, iNewHomes’ agents, partners, on the Website and/or cause harm in any way;
    • collect and store personal information of other users without their proper authorization.
  2. Our Services shall be used for personal, non-commercial purpose.
  3. If we have reasons to believe that your use of this Website and Services is fraudulent, we are entitled in our sole discretion to suspend or terminate your access to the Website and Services. If you have conducted any fraudulent activity, iNewHomes reserves the right to take any necessary legal action and you may be liable for monetary losses to iNewHomes.

Intellectual Property Rights

  1. The intellectual property contained in the Website and Services (and any derivative works based on them) is confidential and/or is proprietary information of iNewHomes, affiliates, agents, third party providers or its licensors and is protected by copyright and other intellectual property rights. All title, ownership and intellectual property rights on the Website and Services shall remain with iNewHomes, affiliates, agents, third party providers or licensors, as the case may be. All rights not otherwise claimed under the Terms or by iNewHomes are hereby reserved.
  2. You further acknowledge and agree that the Website and Services are protected by copyrights, trademarks (whether registered or being under registration), service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by iNewHomes or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Website, in whole or in part. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of the Services or the Website is expressly prohibited by law, and may result in severe civil and criminal penalties.

Leaving a Feedback

  1. You may leave your comments and feedback related to listed properties on the Website (“Feedback”). iNewHomes will own all rights related to the Feedback submitted by the Customer including, without limitation, intellectual property rights, in order to reproduce, translate, distribute, publish, derive other content from, and publicly display such Feedback and grant the right to use the Feedback to any Property anywhere in the world, including our social media pages and blogs.
  2. When publishing your Feedback, iNewHomes may use your name or initials depending on the user preferences set by you.
  3. When leaving any Feedback, you expressly agree that you will not post, upload, transmit, distribute, store or create any content or other material that is fraudulent, libelous, defamatory, abusive, obscene, pornographic, harassing, threatening, invasive of privacy or other rights, or otherwise unlawful or objectionable. You warrant that your Feedback or other material submitted by you does not and would not infringe upon any trademark, copyright, patent or other intellectual property or image right of any person.

No Warranties; Limitation of Liability

  1. All Services, including software, products, information, text and related graphics contained within or available through the Website are provided “as is” and “as available”. Under no circumstances shall we be liable for any errors or omissions in the Services on the Website. iNewHomes makes no representations or warranties of any kind, either express or implied, as to the operation of this Website or the Services, data or materials included on this Website. iNewHomes does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the Services. We cannot ensure that the Services and other information provided on the Website are accurate, correct, reliable, exhaustive or complete on every subject.
  2. Without prejudice to the generality of the foregoing, we will not be liable to you if the Website or Services are inaccessible or unavailable in whole or in part due to periods of downtime, or for any reason beyond our reasonable control, or because we are carrying out maintenance, upgrades, developments or the like.
  3. Under no circumstances shall iNewHomes, including its subsidiaries, affiliates, officers, agents, licensors, employees, partners, licensors or others involved in creating, sponsoring, promoting or otherwise making available the Website and its content, be liable to any person or entity whatsoever for any direct, indirect, incidental, consequential or punitive damages or any damages or losses whatsoever.

Indemnification

You agree to indemnify and hold iNewHomes and its subsidiaries, affiliates, officers, agents, licensors, employees, partners, licensors or others involved in creating, sponsoring, promoting or otherwise making available the Website, Services and data, harmless from any and all claims, damages, losses or liabilities, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of any action, inaction or omission by you.

Force Majeure

iNewHomes shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure or any other cause beyond its reasonable control.

Governing Law and Dispute Resolution

  1. These Terms will be governed by and construed in accordance with the laws of the State of Florida exclusive of its rules governing choice of law and conflict of laws.
  2. In the event of any dispute arising out of or in connection with these Terms, the parties shall seek to negotiate a resolution within 7 days of such dispute arising. The parties shall act in good faith in order to resolve such dispute by way of negotiations.
  3. If any dispute is not resolved by negotiations within 7 days after the relevant written request has been sent, then such dispute shall be submitted and finally resolved by the courts of the State of Florida with respect to any legal action to enforce the Terms or otherwise arising under or with respect to these Terms.

Miscellaneous

  1. We reserve the right to modify, suspend or terminate any Services, at any time for any reason with or without notice to you.
  2. iNewHomes reserves the right to assign its obligations and duties in these Terms to any person or entity.
  3. Any notice or other communication to be given to us under these Terms shall be in writing in the English language unless otherwise agreed between iNewHomes and the user. Any notice or other communication from users shall take effect only when received by us unless such notice or another communication is contrary to these Terms and Conditions.
  4. These Terms constitute the entire agreement between you and iNewHomes with respect to your use of the Website and Services.

Contact Us

If you have questions in relation to these Terms and Conditions, please contact our customer support at info@inewhomes.com.