terms of use

By accessing this Web site you agree to be bound by the terms and conditions below.

These Terms of Use contain an agreement to arbitrate all claims. It also disclaims warranties and liability. These provisions form an essential part of the agreement between you and Newhomelink. Read these provisions carefully.

 

Welcome to Newhomelink, provided by RPM Partners ("Newhomelink"). By using newhomelink.com, Newhomelink services (to include all properties owned and operated by RPM Partners ("Services"), you ("User") agree to be bound by the following terms of use, as updated periodically ("Terms of Use").

1. Permitted Use

User agrees to use the Services for personal transactions in residential real estate only.

Subject to the restrictions outlined in the following sections, User may copy material from the Services only as necessary for personal use to view, save, print, or e-mail such information. User agrees not to modify, distribute, display or otherwise create derivative works from, any portion of the Services.

2. Restrictions

User agrees not to remove or modify any copyright or other intellectual property notices that appear in the Services. User agrees not to use the Services in any way that is unlawful, or harms Newhomelink, its service providers, sponsors, preferred builders, affiliates, trade partners, suppliers or any other user. User agrees not to impersonate another person or misrepresent an affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide User a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise.

Automated crawling of the newhomelink.com and network sites is allowed for inclusion in public Internet search engine results only to the extent such "fair use" is allowed by copyright laws. Web-scraping, downloading, web-crawling or other harvesting of data from the Services for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden.

Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html

3. Information

By using Newhomelink and providing personal information, User understands that Newhomelink will use such information for purposes of performing necessary business functions and may also provide that information to affiliated entities. Newhomelink takes care to insure that User's information is not transmitted to unauthorized parties or the general public but is not liable for such information transmission due to conditions outside of our immediate control.

Newhomelink is not responsible for any errors in displayed information. Some information on the Web site is transmitted to Newhomelink from other entities or persons or was obtained through publicly available sources. Issues of information accuracy may be brought to the attention of Newhomelink by sending us your feedback at info@newhomelink.com.

Links provided on the Newhomelink site are there for User's convenience. Links may be directed to third-party content, over which Newhomelink has no control. Newhomelink does not endorse or sponsor the content found on a link to a third-party site. User's dealings with any third party in connection with the Services are strictly between User and that third party. Newhomelink takes no responsibility for any loss, damages or costs of any sort in connection with User's dealings with these third parties.

The Role of RPM Partners

RPM Partners is a licensed real estate brokerage company operating in Washington using phone, email and/or Internet. Users of our Services may make requests for community or neighborhood information, site agent contact and introductions, or other requests. By making such requests, the User authorizes Newhomelink to share the User's personal information including their home search history, favorites and saved searches with a real estate professional in order to satisfy the User's request. When Users make such requests to Newhomelink they are extending an express invitation for Newhomelink, or another appropriate entity or person, to contact the user.

Agency Disclosure – Under the Law of Real Estate Agency for Washington State, RPM Partners acts to facilitate real estate and other transactions between Buyer and Seller and does not represent either party as Principals in such transactions as defined in the Revised Code of Washington (RCW 18.86). User acknowledges and agrees that, while Newhomelink owes a general duty to all parties to whom Newhomelink renders real estate brokerage services, no specific duties beyond those contained in RCW 18.86.030 are provided to either party.

5. Commission Share

Newhomelink's business is primarily funded through real estate sales commissions. Newhomelink provides Buyers with a share of that commission ("Commission Share") equaling 60% of the net commission received by Newhomelink from the Seller, in the form of cash offsets to closing costs and other acceptable costs and expenses. The Commission Share is subject to Buyer's lender approval, and there may be certain restrictions depending on the type and source of Buyer's loan. As an example, the Commission Share cannot be used as part of a down payment or the capital reserve requirements of most loan programs. Commission Share is only provided upon the successful completion and Close of Escrow of a real property transaction between a Buyer, who has been properly registered as a Newhomelink buyer , and a Seller who has agreed to pay a commission to Newhomelink for that facilitated transaction. No vesting of the Commission Share will occur prior to Close of Escrow and the undisputed transfer of the real property.

6. Copyright

Newhomelink respects intellectual property rights and requires everyone using the Services to do the same. Any party that believes their copyrighted work has been unfairly used on the Services in a way that constitutes copyright infringement should notify Newhomelink's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  1. Identification of the copyrighted work that you claim has been infringed;
  2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services;
  3. Your name, street address, telephone number and e-mail address; and
  4. A signed statement that the above information is accurate; that you have a good faith belief that the use of the material is not authorized by the copyright owner, owner's agent, or under the law and "fair use" provisions; and, under penalty of perjury, that you are the copyright holder and/or authorized to act on the copyright holder's behalf.

Notices of copyright infringement claims should be sent to:

RPM Partners / Newhomelink
8201 164th Avenue NE | Suite 200
Redmond, WA 98052
Attn: Compliance

7. Intellectual Property

The Services are the property of Newhomelink and subject to the intellectual property rights of Newhomelink and its licensors. ©2011-2013 All rights reserved. "Newhomelink", "SpecSelection", "BuilderCost" and "Builderlink" are trademarks and/or registered trademarks of Newhomelink or its licensors in the State of Washington and/or the United States. The names of companies, products, and services contained herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Newhomelink does not assert copyright or grant any rights to the data, images or descriptions of the real estate information provided through the Services. Any use of this imagery and/or descriptions is subject to the copyright owner's permission and the requirements of applicable law.

8. Disclaimer

Changes and improvements to the information provided herein may be made by Newhomelink at any time. Newhomelink and the information, products and Services associated with it are provided "As Is." Newhomelink and its affiliates, suppliers, sponsors and real estate professionals disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this web site and any information, products and Services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Use of Services is at User's own risk. Newhomelink and its affiliates, suppliers, sponsors or real estate professionals are not liable for any direct, indirect, punitive, special or consequential damages or other injury in any way connected with the use of the Services or otherwise arising out of the use of newhomelink.com, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if Newhomelink and/or its suppliers had been advised of the possibility of damages.

By using these Services, User agrees to indemnify Newhomelink and its affiliates, suppliers, sponsors and real estate professionals from and against any and all liabilities and expenses and damages arising out of the User's use of the Services. The exclusion of damages under this paragraph is independent of User's exclusive remedy set forth below and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If User does not agree with any part of these Terms of Use, the sole and exclusive remedy is to discontinue using the Services.

9. Dispute Resolution

Any claim arising out of or relating to the use of these Services, for which User may contend Newhomelink is liable, including any claim as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in force at the time of the Dispute. The arbitration shall be venued in Seattle, Washington. The arbitrator shall be selected pursuant to the AAA rules. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Seattle, Washington. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

This agreement provides that all disputes between User and Newhomelink will be resolved by binding arbitration. User gives up the right to go to court to assert or defend any rights. User's rights will be determined by neutral arbitrators and not a judge or jury. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Newhomelink's Services you consent to these restrictions.

Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between User and Newhomelink, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the State and Federal courts sitting in Seattle, Washington. If either party employs attorneys to enforce any right in connection with any lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.

10. Revisions

Newhomelink reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Newhomelink's Web site. Continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. User further waives any right to receive specific notice of such changes to these Terms of Use. User is responsible for regularly reviewing these Terms of Use. Newhomelink may alter, suspend or discontinue the Services at any time without notice.

11. General

If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Newhomelink may assign this agreement, in whole or in part, at any time with or without notice. User may not assign these Terms of Use, or assign, transfer or sublicense any rights, if any, in the Service. Newhomelink's failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between User and Newhomelink with respect to the Services and supersede all prior or contemporaneous communications of any kind between User and Newhomelink with respect to the Services.