- the information we collect about you,
- how that information may be used,
- with whom it may be shared,
- how you may access the information you provide us,
- and your choices about such uses and disclosures.
INFORMATION WE COLLECT ABOUT YOU
In General. We may collect personal information that can identify you such as your name and e-mail address, as well as other information that does not identify you. When you provide personal information through our websites, the information may be sent to 123mynewhome.com servers located in the United States and other countries around the world.
By using this website you acknowledge that all personal information that you provide to us has been collected with your permission and that you have opted to receive email communications from 123 My New Home regarding our services and products.
Information you provide. We may request at times that you voluntarily supply us with personal information. Such personal information includes information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number, and other contact information, whether at work or at home. Generally some or all of this information is requested when you register on the company’s website.
We may collect and store any personal information you enter on our websites or provide to us in some other manner. This includes identifying information (such as your name, home or mailing address, e-mail address, and telephone number), information about your home or prospective home, personal information, responses you voluntarily provide to surveys, and, if you purchase certain services from us, information about your payment method (such as valid credit card number, type, expiration date or other financial information).
Information from other sources. We may also periodically obtain both personal and non-personal information about you from other business partners, contractors and other third parties. Examples of information that we may receive include information about your home and additional demographic information.
Information about others. We may also collect and store personal information that you provide to us about another person, including name, address, phone number, or other personal information.
We use various technologies to collect information from your computer and about your activities on our sites.
Information collected automatically. We automatically collect information from your browser when you visit our websites. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see “Cookies” below), and the referring website address.
Cookies. When you visit our websites, we may assign your computer one or more cookies, to facilitate access to our websites, to personalize your online experience, and to record information about your visit to our websites. Through the use of a cookie, we also may automatically collect information about your online activity on our websites, such as the web pages you visit, the links or advertisements you click, or the other actions you conduct while on our websites. The cookies do not store any personally identifiable information about you. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our websites.
Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use on our websites. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
HOW WE USE THE INFORMATION WE COLLECT
In general. We may use information that we collect about you to:
deliver the products and services that you have requested; manage your customer relationship and provide you with customer support; perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others; communicate with you by e-mail, chat, text message, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, 123 My New Home or other third parties; develop and display content and advertising tailored to your interests on our site and other websites; verify your eligibility and deliver prizes in connection with promotions, contests and sweepstakes; enforce our terms and conditions; manage our business and perform functions as otherwise described to you at the time of collection.
Financial information. We may use financial (or home) information to match you with real estate agents and/or brokers, to verify your identity, to protect against or identify possible fraudulent transactions, otherwise as needed to manage our business, and, if you request real estate brokerage services through 123mynewhome.com -affiliated agent, to provide real estate brokerage services directly to you.
We will send you emails relating to certain activities including when you request property information. We may send you email notices about new features, products and services. We may also send you email notices regarding service announcements containing important information about the services of 123mynewhome.com. You can unsubscribe to these notifications by following the ‘unsubscribe’ instructions at the bottom of the email you receive.
Please review “Your choices about collection and use of your information” below.
WITH WHOM WE SHARE YOUR INFORMATION
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our websites or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share all types of personal information with:
Authorized service providers. We may share your personal information with our authorized service providers that perform certain services on our behalf in connection with your request for real estate brokerage services. These service providers may include marketing and customer services firms, credit card payment processors, as well as companies that support contests, sweepstakes, surveys, or other features offered through our websites, or that provide business analysis or website support. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Real estate agents / brokers and home builders. If you submit a form, we may share your personal information with real estate agents / brokers or home builders with which you have expressed interest. Because these parties may retain or use your personal information whether or not you obtain services from them, you should contact these parties directly concerning their privacy and information sharing practices.
Other business partners / Mortgage and Finance Companies. When you express interest in promotions or services offered through our websites, we may share your expression of interest with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. For example, if you express interest in mortgage companies, moving companies or self-storage companies through one of the companies websites, we will provide your information to the companies you select. When you elect to engage in a particular offer or program, you authorize us to provide your e-mail address and other information to the business providing that offer or program.
We also may disclose your information:
In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Aggregated and non-personal information. We may share aggregated information (i.e., information about you and other customers collectively, but not specifically identifiable to you) and other non-personal information we collect under any of the above circumstances. We may also share it with third parties and 123 My New Home to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our websites and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION
You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our websites because such information may be required in order for you to obtain services from 123 My New Home, . On occasion, Federal and state regulations require that we store certain customer information for various periods of time. In order to comply with these requirements, we may be unable to delete your information from the 123mynewhome.com, database.
When you initially use our websites, you may be given a choice as to whether you want to receive e-mail messages or newsletters from 123mynewhome.com. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 15 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as loan offers, requests for additional information, service updates or announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that opting out of receipt of promotional e-mail communications will only affect future activities or communications from us. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change you preferences directly with that third party.
Under our Do Not Call policy you may instruct us not to call you for marketing purposes by calling 317-481-0088. We will implement your instructions within 30 days. We have policies and procedures in place and train our employees to honor your request. Please note that we may still need to call you for servicing or other non-marketing purposes.
If you do not want us to send you postal mail for marketing purposes, you may remove your name from current and future mailing lists by contacting 317-481-0088.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees and authorized third-party service providers are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of your sensitive personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information.
We want you to feel confident using our websites to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
OTHER INFORMATION ABOUT OUR PRIVACY PRACTICES
Our websites are general audience sites, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
No Rights of Third Parties
YOUR ACCEPTANCE OF THESE TERMS
Disclaimer, Legal Notices, and Terms of this site.
As a visitor to 123mynewhome.com you are bound by the terms and conditions contained herein.
Despite the efforts of 123 My New Home, Inc, and its affiliates to provide accurate information, it is not possible to ensure that all information is correct. The materials contained on this server and within this web site could include inaccuracies, typographical or other errors. As such, 123 My New Home, Inc does not accept any responsibility or liability for any actions taken as a result of using this server or website. Further, 123 My New Home, Inc. assumes no responsibility for errors or omissions in the materials on this server or website. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, NOR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER WARRANTY. 123 My New Home further does not warrant the accuracy or completeness of information, text, graphics, links or other items contained within these materials. In no event shall 123 My New Home, Inc be liable for any special, indirect, incidental, consequential or other damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, or on any theory of liability, arising out of or in connection with the use of these materials. These materials are subject to change without notice and do not represent a commitment of 123 My New Home, Inc. in the future or otherwise. THE COMPANY, ITS SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES AND AGENTS PROVIDE THIS SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY, ITS SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES AND AGENTS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES AND AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE COMPANY’S LIABILITY, THE LIABILITY OF OUR SUBSIDIARIES, AND THE LIABILITY OF AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES AND AGENTS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF ANY COMMISSION OR OTHER FEE RECEIVED BY THE COMPANY, ITS SUBSIDIARIES, AND ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES AND AGENTS ARISING FROM THE TRANSACTION GIVING RISE TO LIABILITY THAT IS THE SUBJECT OF THE DISPUTE, AND (B) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event a dispute arises between you and the Company, the Company’s goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and the Company agree that any claim or controversy at law or equity that arises out of the user’s use of the Site or our services (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or the Company may elect to resolve the dispute through binding arbitration. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Indianapolis , IN . You and the Company agree to submit to the personal jurisdiction of the courts located within Indianapolis , IN .
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this section by the first party to file a Claim. Should either party file an action contrary to the above, the other party may recover attorneys’ fees and costs up to $2,000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has filed to withdraw the Claim.
Trademark and Copyright Notice
Copyright © 2016 123 My New Home, Inc. All rights reserved. These materials are provided by 123 My New Home, Inc. as a service to the public and are to be used for personal informational purposes only. We grant you permission to download this web site’s content and to print a single hard copy for your use only. You may not otherwise use, copy, modify, distribute, republish, or transmit any of the content or materials from this web site without the written permission of 123 My New Home, Inc. You agree that if you violate this prohibition, you may be subject to all legal remedies available to 123 My New Home, Inc., and you will additionally be responsible for any other losses, attorneys’ fees or costs may incur as a result of your violation. The following are some of the proprietary trademarks and service marks of 123 My New Home, Inc or its related entities: A number of these trademarks and service marks are registered with the United States Patent and Trademark Office. 123 My New Home, Inc. also claims trademark rights to other marks that may not be explicitly listed, registered and unregistered, including its several logos and designs.
THESE MARKS ARE NOT TO BE USED WITHOUT THE EXPRESS WRITTEN PERMISSION OF 123 My New Home, Inc OR ITS AFFILIATES. You agree that if you violate this prohibition, you will be subject to all legal remedies available to 123 My New Home, Inc, and you will additionally be responsible for any other losses, attorneys’ fees or costs 123 My New Home, Inc may incur as a result of your violation.
The web site also contains trademarks and service marks that belong to third parties. These other trademarks and service marks are the property of their respective owners. In the event that a third party makes a claim or initiates suit against 123 My New Home, Inc due to your use of these other trademarks and service marks without the permission of the proper party, you agree to indemnify and hold 123 My New Home, Inc harmless from such claim or suit, and to reimburse 123 My New Home, Inc for all losses, attorneys’ fees and costs that 123 My New Home, Inc incurs in connection with such claim or suit.
You are prohibited from reproducing or downloading any of the materials (content or images) posted to this web site without the prior written permission of the owner, 123 My New Home, Inc.
You are prohibited from: uploading any material that infringes on any copyright, trademark or other proprietary rights; from uploading any material that is obscene any material that is libelous.
Photos, Renderings, Floor Plans PLEASE READ
Information presented is considered reliable, however, 123 My New Home, Inc does not guarantee the accuracy of any information for builder or showcased homes, as the above pricing, interest rates, floor plans, elevations, incentive packages, and features are subject to change at any time and without notice. Reported square footage is approximate and may vary by design, home site, and construction. A free service for all home buyers, the seller pays our commission at no additional cost to the buyer. In typical transactions, the seller pays all commissions for buyer’s agent. Buyer’s are not required to pay any portion of the commission for the purchase of any home in which the Company represents the buyer as its agent. Stated price may not include elevation or options shown in artist renderings or photographs.
Items shown on photos or floor plans may not be standard or offered in all communities. Photos are for illustration purposes only, actual payments will be calculated on individual buyer selected builder plan, community, homesite, and financing. Advertised incentive packages are only available to new buyers not currently under contract for the purchase of a home. Mortgage amount and estimated payments are disclaimed in the home detail pages of the 123mynewhome.com website.
Claims of Copyright Infringement & Related Issues (17 USC § 512 et seq.)
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
- A physical or electronic signature of the poster;
- 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;
- Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be sent as follows:
Carolina Multiple Listing Services, Inc
1201 Greenwood Cliff, Suite 200
Charlotte, NC 28204
Attention: DMCA Designated Agent
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/onlinesp.
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