Terms and Conditions - New Home Magazine

Terms and Conditions

Updated: 10/8/26

TABLE OF CONTENTS

  1. Introduction
  2. Description of Services
  3. Eligibility
  4. Communications Consent
  5. Permitted Use and Prohibited Conduct
  6. Builder Listings and Third-Party Content
  7. No Professional, Real Estate, or Construction Advice
  8. Intellectual Property Rights and Ownership
  9. User Contributions
  10. Linked Sites
  11. Disclaimers
  12. Limitation of Liability
  13. Indemnification
  14. Dispute Resolution – Binding Arbitration and Class Action Waiver
  15. Governing Law and Venue
  16. Additional Terms
  17. Contact

1. Introduction.

PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY before using our Site or submitting any information through it. These Terms are a binding agreement between you and the website www.NewHomeMagazine.com under the name “New Home Magazine” (collectively, “New Home Magazine,” “we,” “us,” or “our”) and apply to and govern your access to and use of “www.NewHomeMagazine.com” and any other website, mobile website, social media site, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, that are owned, operated, or provided by New Home Magazine (collectively, the “Site”). By visiting or otherwise using the Site in any manner, you acknowledge, accept, and agree to be bound and abide by these Terms. You also acknowledge, agree, and consent to the terms of our Privacy Policy (https://www.newhomemagazine.com/privacy-policy/), which is incorporated herein by reference. If for any reason you do not accept and agree to these Terms or the Privacy Policy, accessing the Site is strictly prohibited and you must immediately exit.

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SITE, ARE LEGALLY BINDING, LIMIT NEW HOME MAGAZINE’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY NEW HOME MAGAZINE AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION (SECTION 14), INCLUDING A CLASS ACTION WAIVER (SECTION 14). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS, DO NOT USE THE SITE.

We reserve the right to change these Terms at any time in our sole discretion. Any nonmaterial changes will be effective upon posting, and you agree to the new posted Terms by continuing your use of the Site. Material changes will be effective thirty (30) days after we provide notice by posting the revised Terms and by email to the address you provided, if provided, except changes relating to new features or required by law, which are effective immediately. It is your responsibility to check periodically for changes.

These Terms are written in the English language; to the extent any translated versions conflict with the English language version, the English language version shall control.

2. Description of Services.

New Home Magazine provides digital content, including articles, guides, home features, and resources related to new home construction, home design, and the home-building process. The Site may also display information about home builders, communities, and homes, including builder listings.

Not a Real Estate Broker or Builder: New Home Magazine is an advertising medium and publisher. We are not a licensed real estate broker, agent, lender, or home builder. We do not represent buyers, sellers, or builders, we do not guarantee the sale or construction of any home or property, and we are not a party to any transaction that may occur between you and any builder, seller, or their respective agents.

3. Eligibility.

The Site is intended for U.S. residents. By using the Site, you represent and agree that you are at least the legal age of majority in the jurisdiction in which you reside. The Site is not targeted for use by children under the age of 18. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), OR HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE NOT AUTHORIZED TO USE THE SITE, TO SUBMIT ANY INFORMATION THROUGH IT, OR TO AGREE TO THESE TERMS, AND YOUR USE OF THE SITE IS STRICTLY PROHIBITED.

4. Communications Consent.

(a) Calls and messages: By providing your mobile number to us, you agree to be contacted by or on behalf of New Home Magazine at the number you have provided, including via phone call or text message, to receive marketing and promotional communications from New Home Magazine regarding informational updates, market insights, and industry news. You recognize and acknowledge that text messaging is an inherently less secure method of communication and agree to receive text messages regardless of the level of security associated with them. Message and data rates may apply. You may revoke consent at any time by any reasonable means, including replying STOP.

(b) Email: By providing your email address and opting in, you consent to receive marketing and promotional emails from New Home Magazine regarding informational updates, market insights, and industry news, which may be sent using automated email systems or third-party email service providers on New Home Magazine’s behalf. You recognize and acknowledge that email is an inherently less secure method of communication and agree to receive emails regardless of the level of security associated with them.

You may unsubscribe from marketing emails at any time by clicking the “unsubscribe” link contained in any marketing email you receive from us, or by sending an email to the contact information below requesting to unsubscribe from marketing emails. Please allow up to ten (10) business days for New Home Magazine to process your unsubscribe request.

(c) SMS/MMS MOBILE MESSAGING MARKETING PROGRAM. New Home Magazine offers a mobile messaging program (the “Messaging Program”), where, if you opt-in to the Messaging Program, you agree to these Terms and to receive marketing text messages from us and through our third party service provider. The Messaging Program is optional and not a condition of purchase. The Messaging Program allows Users to receive SMS/MMS mobile messages by voluntarily and affirmatively opting into the Messaging Program, such as through online or application-based enrollment forms. The messages we send to you include marketing messages. Service-related messages may include updates, alerts, and information. Messaging frequency may vary.

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Regardless of the opt-in method you utilized to join the Messaging Program, you agree that these Terms apply to your participation in the Messaging Program. By participating in the Messaging Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent to receiving contact via the Messaging Program is not required to make any purchase from New Home Magazine. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of New Home Magazine’s mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.

Data obtained from you in connection with the Messaging Program may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.

SMS/MMS MOBILE MESSAGING OPT-OUT: If you do not wish to continue participating in the Messaging Program, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from New Home Magazine or send an email to [email protected] to opt out of the Messaging Program. You may receive an additional mobile message confirming your decision to opt out.

Without limiting the scope of the Messaging Program, users that opt into the Messaging Program can expect to receive messages concerning new content, home features, building tips, special offers, products, services, and events. Message and data rates may apply. The Messaging Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. For support regarding the Messaging Program, text “HELP” to the number you received messages from or email us at the contact information below. Opt outs should be submitted in accordance with the procedures set forth above.

The Messaging Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Messaging Program. New Home Magazine and the carriers are not liable for delayed or undelivered mobile messages.

We endeavor to comply with all applicable telemarketing laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and any applicable state telemarketing statutes, regulations, and implementing rules, including state telemarketing and do-not-call laws. For purposes of compliance, you agree that we may assume that you are a resident of a certain state if, at the time of opt-in to the Messaging Program, (1) the address you provided is located in that state or (2) the area code for the phone number used to opt-into the Messaging Program is an area code for that state. You agree that the requirements of a state’s telemarketing laws do not apply to you, and you shall not assert that you are resident of that state, if you do not meet either of the foregoing criteria or, in the alternative, do not affirmatively advise us in writing that you are a resident of the state by sending written notice to us. You further agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to keywords, opt-in, help or stop requests) shall not constitute a “telephonic sales call,” “commercial telephone solicitation phone call,” “telephone solicitation,” or any similar or equivalent term as defined under the TCPA or any applicable state telemarketing statute, regulation, or implementing rule, or an otherwise unsolicited call or message that is subject to a telemarketing law, to the extent such laws are relevant and applicable.

MMS DISCLOSURE: The Messaging Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

5. Permitted Use and Prohibited Conduct.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • To impersonate or attempt to impersonate New Home Magazine, a New Home Magazine employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  • To submit any information that is untruthful, inaccurate, or misleading; or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm New Home Magazine or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
  • Use or cause the use of the Site or its Content to train artificial intelligence, including large language models, through any means including data scraping;
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Site;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Site.

We reserve the right to determine whether or not your use of the Site is acceptable and to immediately revoke or block your access to the Site at our sole discretion.

6. Builder Listings and Third-Party Content.

The Site may display information about home builders, communities, homes, floor plans, and properties, including descriptions, photographs, pricing, location information, and related details (“Listings”). Listings are provided for general informational purposes only. Unless expressly stated otherwise on the Site, New Home Magazine does not own, build, sell, broker, or offer for sale any home or property described in a Listing, is not a home builder, real estate broker, agent, or dealer, and does not act as a party to, or participant in, any transaction between you and any builder, seller, or listing party.

Listings and the information contained in them are supplied by or on behalf of builders, sellers, agents, brokers, or other third parties. New Home Magazine does not independently verify, and does not guarantee, the accuracy, completeness, currency, availability, price, condition, legal status, licensing, or any other aspect of any Listing, any builder, or any home or property described in a Listing. Listings may be inaccurate, outdated, or unavailable, and a home or property may be under contract, sold, withdrawn, or mispriced. Certain measurements, square footage figures, acreage, dimensions, and descriptions are approximate and are provided only for your convenience, and the actual appearance of any photographs or images may depend on your computer system or device.

You are solely responsible for independently investigating and verifying any builder, home, property, or Listing that interests you, including by engaging your own licensed real estate, legal, financial, inspection, and other professionals, verifying any builder’s licenses, credentials, insurance, and references, and by dealing directly with the applicable builder, seller, agent, or broker. New Home Magazine is not responsible or liable for any dealings, communications, or transactions between you and any builder, seller, agent, broker, or other third party, or for any loss or damage arising from your reliance on any Listing. Any transaction you enter into with respect to a home or property is solely between you and the applicable builder, seller, or listing party.

The inclusion of any Listing on the Site at a particular time does not imply or warrant that the Listing, the builder, or the home or property will be available at any other time. Pricing or availability errors may occur on the Site. New Home Magazine reserves the right to add, change, or remove any Listing or other Content at any time without notice. We also reserve the right, but are not obligated, to limit or restrict access to Listings or other features of the Site to any person, geographic region, or jurisdiction, in our discretion.

7. No Professional, Real Estate, or Construction Advice.

The articles, resources, and other informational materials made available through the Site are provided for general informational and educational purposes only and do not constitute, and should not be relied upon as, legal, financial, real estate, engineering, architectural, construction, tax, or other professional advice. The Site’s content is not designed to conform to the laws, regulations, ordinances, or building codes of any specific jurisdiction. Before making any decision relating to the purchase of property or the design or construction of any structure, you should consult appropriately qualified and licensed professionals in your jurisdiction, including your local building department, a licensed real estate professional, and, as applicable, an architect, engineer, or attorney. It is your responsibility alone to ascertain and comply with all applicable federal, state, and local laws, statutes, ordinances, building codes, rules, and regulations relevant to any property or project. Your reliance on any content made available through the Site is solely at your own risk. Estimates and calculators provided on the Site are illustrative only and not to be relied upon.

8. Intellectual Property Rights and Ownership.

The Site, all of its content, and any associated intellectual property, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all articles, text, design, graphics, icons, images, photographs, video, audio clips, downloads, interfaces, code, house plans, floor plans, drawings, renderings, and software, as well as the selection and arrangement thereof (collectively, the “Content”), are proprietary and owned or controlled by New Home Magazine, our licensors, and certain other third parties. All right, title, and interest in and to the Content is the exclusive property of New Home Magazine, our licensors, or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. Content supplied in connection with Listings may be owned by the applicable builder, seller, agent, broker, or other third party and is used on the Site subject to those parties’ rights.

These Terms permit you to use the Site and Content for your personal, non-commercial use only, including browsing and reading the content and viewing the Listings and related resources offered through the Site. A limited, revocable, nontransferable license is granted to temporarily download one copy of the Content for transitory viewing only, for use in strict accordance with these Terms. This is not a transfer of title, right, or interest in the Site or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, transferring the Content to another person or “mirroring” the Content on any other server, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of New Home Magazine or its licensors. This license shall automatically terminate if you violate any of these restrictions and may be terminated by New Home Magazine at its sole discretion at any time. Upon termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. Except for the limited license expressly provided in these Terms, no license of intellectual property is granted by New Home Magazine in these Terms, and no assignment of intellectual property is granted by New Home Magazine in these Terms.

New Home Magazine owns and uses trademarks on or in relation to the Site, including but not limited to New Home Magazine and related designs and logos. You must not use such marks without New Home Magazine’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting any license or right to use any trademark displayed on the Site without the express written permission of New Home Magazine or such third party that may own the trademark.

Copyright Policy. New Home Magazine respects the intellectual property rights of others and requires users of the Site to do the same. New Home Magazine complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”), which applies to content reported and removed for violating U.S. copyrights, including any plans, renderings, images, or other Content displayed on the Site and any User Contributions, such as sketches, drawings, floor plans, photographs, or specifications that you or other users submit through the Site. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability under 17 U.S.C. § 512(f). You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others, including the affected user, our licensors, and your contact information, and by submitting any notice or counter-notice, you agree you have no expectation of privacy in your submission.

Owners of copyrighted material or their authorized agents may submit a DMCA notice to our Designated Copyright Agent if they believe that infringing activity has taken place on the Site. We will only consider valid reports of infringement, and you may submit a complete DMCA notice that includes the points described below only if the party sending the request is the copyright owner or an authorized agent acting on behalf of the copyright owner. If you are not sure whether New Home Magazine has control over the allegedly infringing content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following, which must include a certification made under penalty of perjury:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for New Home Magazine to determine the legitimacy of the signature and the identity of the signatory;
  • Identification of the copyrighted work claimed to have been infringed (for example, a house plan, drawing, rendering, or photograph), or, if a single notification covers multiple copyrighted works on the Site, a representative list of such works on the Site, including citation to the applicable copyright registrations where available;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit New Home Magazine to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the page or online content at issue;
  • Information reasonably sufficient to permit New Home Magazine to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”

Attn: Copyright Agent, Saratoga Holdings LLC
PO Box 14260
Chicago, IL 60614
512-222-7914
[email protected]

Please note that if any notification of claimed infringement does not substantially comply with the requirements of 17 U.S.C. § 512(c)(3) and the requirements set forth above, New Home Magazine has no responsibility to respond to or act on any such defective notification of claimed infringement.

New Home Magazine enforces its intellectual property, and in particular its rights under U.S. copyright laws in the Content, and will, in appropriate circumstances and in its sole discretion, terminate or block the access of users who are determined to be repeat infringers. If you receive a notification of claimed infringement and believe that your User Contributions or other material was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:

  • Your physical or electronic signature, as well as information sufficient for New Home Magazine to determine the legitimacy of the signature and the identity of the signatory;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of Illinois, if your address is located outside the United States, and that you will accept service of process from the complaining party that submitted the notice or the complaining party’s authorized agent.

Any such counter-notification must be sent to:

Attn: Copyright Agent, Saratoga Holdings LLC
PO Box 14260
Chicago, IL 60614
512-222-7914
[email protected]

9. User Contributions.

The Site allows you to submit, upload, or otherwise transmit to New Home Magazine content and materials, including sketches, drawings, floor plans, photographs, renderings, specifications, measurements, lot information, and property information, as well as creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications (collectively, “User Contributions”). Other than personal information, which is subject to our Privacy Policy, any such User Contributions are and will be considered non-confidential and non-proprietary. All User Contributions must comply with these Terms, including Section 5 (Permitted Use and Prohibited Conduct). You submit and transmit your User Contributions at your own risk.

All User Contributions may be retained by us indefinitely, even after you stop using the Site. By providing any User Contributions, you grant to New Home Magazine, our affiliates, and service providers and each of our and their respective licensees, successors, and assigns a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, reproduce, transmit, publish, develop, market, modify, adapt, display, distribute, sell, license, and otherwise disclose to third parties the User Contributions in any manner and in any media for the business purposes of New Home Magazine, including to create derivative works and to adapt, revise, and incorporate the User Contributions, in whole or in part, into content and resources that New Home Magazine offers through the Site, in each case without any compensation or notice to you. New Home Magazine has no obligation to use any User Contributions and will have no liability related to any User Contributions.

You further represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the applicable license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. Your User Contributions do not and will not infringe, misappropriate, or violate the intellectual property or other rights of any third party.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not New Home Magazine, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness, including the accuracy of any property information you provide. We are not responsible or liable to any third party for the content or accuracy of any User Contributions submitted by you or any other user of the Site.

10. Linked Sites.

The Site may provide links to third-party websites and publications (“Linked Sites”), including the websites of home builders and other third parties featured in Listings. New Home Magazine has not necessarily reviewed the information in the Linked Sites, does not maintain it, and cannot control the completeness, accuracy, or security of its content or the privacy practices of its providers. The content of any Linked Site is solely the responsibility of its provider, and the inclusion of any link does not imply endorsement by New Home Magazine. We encourage you to review the terms and privacy statements of any website you visit through a link from the Site. If you decide to access any Linked Site, you do so entirely at your own risk, and you agree that New Home Magazine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party content, products, or services available on or through any link provided by New Home Magazine.

11. Disclaimers.

YOUR USE OF THE SITE IS AT YOUR RISK. THE SITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY LISTINGS, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, ERROR-FREE, AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIALS ON THE SITE MAY CONTAIN TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS OR MAY BE OUT OF DATE, AND NEW HOME MAGAZINE MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. ANY HOME DESIGNS, FLOOR PLANS, OR CONSTRUCTION INFORMATION FEATURED ON THE SITE ARE PROVIDED FOR INSPIRATION AND GENERAL INFORMATION ONLY, ARE NOT DESIGNED TO CONFORM TO THE LAWS, REGULATIONS, ORDINANCES, OR BUILDING CODES OF ANY SPECIFIC JURISDICTION, AND MAY NOT BE USED FOR CONSTRUCTION. NEW HOME MAGAZINE DOES NOT ENDORSE OR GUARANTEE ANY BUILDER, SELLER, OR OTHER THIRD PARTY FEATURED ON THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

12. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEW HOME MAGAZINE, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, ANY LISTING, ANY DEALINGS WITH A BUILDER OR OTHER THIRD PARTY, OR THE CONSTRUCTION OF ANY STRUCTURE, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, CONSTRUCTION COSTS OR DELAYS, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE THE HIGHER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY A PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. Nothing in this Section limits any right or remedy that cannot be limited under applicable law, including the California Consumer Privacy Act.

13. Indemnification.

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless New Home Magazine and its affiliates and licensors, and their respective officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Site, including your reliance on any Content or Listing; (b) your violation of these Terms, including any misrepresentations made by you in connection with your use of the Site or any information submitted through it; (c) any content, specifications, drawings, or other materials you submit to New Home Magazine; or (d) your violation of any law or the rights of a third party. New Home Magazine reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

14. Dispute Resolution — Binding Arbitration and Class Action Waiver.

(a) Informal resolution first: Before initiating arbitration or any other proceeding, you and New Home Magazine each agree to first attempt to resolve any dispute informally and in good faith. To begin this process, the party asserting a claim must send a written notice (“Notice”) to the other party describing: (i) the nature and basis of the claim or dispute; (ii) the specific relief sought; and (iii) contact information for the party providing the Notice. Notice to New Home Magazine must be sent to the contact information in Section 17. Notice to you will be sent to the most recent email address or physical address New Home Magazine has on file for you. Following receipt of the Notice, the parties agree to negotiate in good faith to resolve the dispute for a period of thirty (30) days (the “Cure Period”). This informal resolution process is nonbinding, and neither party is obligated to accept any resolution proposed during the Cure Period. If the dispute is not resolved to the mutual satisfaction of both parties within the Cure Period, either party may proceed to initiate binding arbitration as set forth below. Completion of this informal resolution process is a condition precedent to filing any arbitration demand or lawsuit, and either party may seek to have a court or arbitrator stay any such proceeding until this condition has been satisfied.

(b) Arbitration: We will make reasonable efforts to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Site, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms, the Privacy Policy, the Site, or any products or services obtained through the Site shall be resolved exclusively by final, confidential, and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the Arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute (the “Minimum Standards”), we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section. Furthermore, this Section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction, including to protect the intellectual property rights in the Content.

If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the Arbitration and may be brought in court, subject to your and New Home Magazine’s right to appeal the court’s decision. All other claims shall be arbitrated.

(c) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”).

(d) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms or these arbitration provisions, including but not limited to any claim that all or any part of these Terms is void or voidable.

(e) Location of Arbitration. The Arbitration shall be held (i) in Cook County, Illinois (if permitted by the Applicable Rules); (ii) at such other location as may be mutually agreed upon by you and us; or (iii) if the only claims in the Arbitration are asserted by you and are for less than $10,000 in aggregate, at a location of your election, by telephone or written submission.

(f) Governing Law. The Arbitrator (i) shall apply the internal laws of the State of Illinois consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Illinois or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.

(g) No Class Relief. The Arbitration can resolve only your or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.

YOU AND WE AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL, EXCEPT AS PROVIDED IN SUBSECTION (m) (California Public Injunctive Relief) BELOW. ADDITIONALLY, UNLESS YOU AND WE AGREE OTHERWISE, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.

(h) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.

(i) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith.

(j) Reasonable Attorneys’ Fees. Except where prohibited by applicable law or in conflict with the Minimum Standards, in the event you recover an Award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration. In the event you recover an Award less than our last written settlement offer, or you are found not to be entitled to any Award, the Arbitrator shall also have the right to award New Home Magazine reimbursement, by you, of our reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration.

(k) Small Claims Matters Are Excluded; No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

(l) Confidentiality of Arbitration. You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the facts of the Arbitration, any documents exchanged as part of the Arbitration, proceedings of the Arbitration, the Arbitrator’s decision, or the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or court order.

(m) California Public Injunctive Relief. Notwithstanding anything to the contrary in this Section, if and only to the extent that applicable California law governs a claim and, under such law, the claim or remedy cannot lawfully be waived or compelled to arbitration on an individual basis, nothing in these Terms shall be construed to waive your right to seek public injunctive relief within the meaning of McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017). Any such non-waivable request for public injunctive relief (and only that claim or that remedy request) may be severed from the Arbitration, consistent with the severability provisions of subsection (b) above, and brought in a court of competent jurisdiction as set forth in Section 15 (Governing Law and Venue).

All other claims, remedies, and requests for relief shall remain subject to Arbitration on an individual basis as set forth in this Section, and, to the fullest extent permitted by applicable law, any claim or remedy request proceeding in court under this subsection shall be stayed pending completion of the Arbitration of all arbitrable claims. This subsection applies only to the extent required by applicable California law and shall not be construed to expand any right to bring claims on a class, collective, or representative basis, or to seek public injunctive relief, beyond what applicable California law provides and does not permit to be waived.

15. Governing Law and Venue.

These Terms are governed by Illinois law (excluding conflict of laws rules), and venue for non-arbitrable matters is in Cook County, Illinois. If it is determined that arbitration is not permitted, has been waived, or is otherwise unavailable, the sole and exclusive jurisdiction and venue for any action arising out of or related to these Terms or the Site shall be an appropriate state or federal court located in Cook County, Illinois, and you hereby submit and irrevocably consent to the personal jurisdiction and venue of said courts. You agree that such courts are a convenient forum and that you will not seek to transfer an action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. You further agree that the laws of the United States and the State of Illinois, without regard to conflict of laws principles, shall govern these Terms and all matters relating to the Site. This paragraph shall not be read to conflict with the mandatory arbitration provision in Section 14.

16. Additional Terms.

The failure of New Home Magazine to enforce any term or condition of these Terms shall not be deemed a waiver of such term or condition or of any other term or condition. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect. All provisions which by their nature should survive termination shall survive, including provisions regarding intellectual property ownership, warranty disclaimers, indemnification, limitations of liability, and dispute resolution.

These Terms (including the Privacy Policy, to the extent incorporated) constitute the sole and entire agreement between you and New Home Magazine regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties regarding the Site. Nothing in these Terms modifies or supersedes any other written agreement between you and New Home Magazine, which controls in the event of conflict. We may assign these Terms, in whole or in part, at any time without notice to you; you may not assign or transfer these Terms without our prior written consent.

You agree that, regardless of any statute or law establishing a different limitations period, to the maximum extent permitted under applicable law, any claim or cause of action arising out of, related to, or connected with the use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We may provide you with information regarding the Site and these Terms in electronic form only, and you agree that such notices satisfy any legal requirement that communications be in writing.

17. Contact.

Please direct any questions about the Site or these Terms to:

New Home Magazine
PO Box 14260
Chicago, IL 60614
[email protected]

Although New Home Magazine will in most circumstances be able to receive your communications, New Home Magazine does not guarantee that it will receive them timely and accurately and shall not be legally obligated to read, act on, or respond to any such email except for privacy rights requests, Notices stated in these Terms, or communications we are legally required to receive or respond to.

Email is not a secure medium; please do not send Social Security numbers, payment card numbers, or bank account information by email. We handle personal information you send us in accordance with our Privacy Policy. Unsolicited ideas or materials you send us (other than personal information), including any sketches, drawings, specifications, or other materials you submit, are not treated as confidential.