PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE OR SERVICES.
If you do not understand and accept the provisions, do not use the Services. Your use of the Services shall be deemed to constitute your acceptance of this Agreement and all of NWH’s rules and restrictions related to the Services, as they may change from time to time.
You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and all subdivisions thereof, with respect to which you use, access or reach out to with regard to the Services. Without limiting the foregoing, you agree not to post on or transmit through the Services any material which violates or infringes in any way upon the rights of others; is threatening, abusive or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene; is lewd, lascivious, filthy, excessively violent or otherwise objectionable; or which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by NWH or by third-party content providers in connection with third-party content, software or services available on or through the Services.
The content of the Services includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Services are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. NWH owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to NWH. Third-party content providers own the copyright in content that is original to them. NEW WORLD HOME, NEW OLD GREEN MODULAR, NOGM, HISTORICALLY INSPIRED…HISTORICALLY GREEN, THE OLD WORLD IS READY FOR A NEW WORLD HOUSING SOLUTION are trademarks and service marks of NWH LLC. All rights are reserved. All other trademarks and service marks appearing on the site are the property of their respective owners, including, in some instances, NWH. All rights are reserved. Use of any of NWH’s trademarks, service marks or names as "metatags" on other web sites is prohibited. You may not display NWH’s Services or content in frames or "in-line links" without express written permission from NWH. Please e-mail requests to email@example.com
You have no authority to and further agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the content of the Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you have no authority to and further agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of NWH and the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Services.
NWH does not solicit submissions, creative materials, ideas or suggestions other than those, NWH specifically requests. You represent and agree that any communications or materials you transmit to NWH by electronic email or otherwise including, without limitation, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or message postings are non-confidential and non-proprietary, and any such communications or materials will be treated by NWH accordingly. You hereby unconditionally and irrevocably transfer and assign to NWH, in perpetuity, the royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, sell, license, display and otherwise exploit the material you send to NWH, in all languages and throughout the universe, in any form, media or technology now known or hereafter devised. You acknowledge and expressly agree that any such communications or materials you transmit or post may be used by NWH, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such information, and you hereby waive the right to receive any financial or other consideration in connection with such information, including, without limitation, credit.
You acknowledge that any and all designs, special design concepts, design boards, elevations, buildouts, displays, photographs, drawings, product specifications, marketing concepts, advertising materials, component integration concepts and other financial, business or technical information provided by or otherwise disclosed by NWH, whether documentary or otherwise (collectively, the "Confidential Information and Property"), is proprietary and confidential information owned solely by NWH, and you do not own and shall not acquire, by any means or ways, any rights or interest in or to the Confidential Information and Property. NWH does not hereby convey or transfer to you or to any other person any ownership, title, copyright, patent or other intellectual property rights in and to the Confidential Information and Property or any license to use any of the Confidential Information and Property. You have no right to license or sublicense any of the Confidential Information and Property. Without limiting the foregoing, possession by you of the Confidential Information and Property does not convey any permission to design or manufacture any goods, components, parts, structures, buildings or other improvements depicted thereby or otherwise use the Confidential Information and Property.
Without limiting the forgoing, you agree not to:
(a) attempt to impersonate another user or any other third party by selecting or using the name, address, credit card information, e-mail address or avatar of (or belonging to) another user or other person, or otherwise;
(b) use a user name, address, credit card information, e-mail address or avatar belonging to any other person, for any reason whatsoever, without the prior express written authorization of such person;
(c) use a user name, e-mail address or avatar in violation of the intellectual property rights of any person or entity;
(d) use a false "header" - the legend attached to e-mail messages to show the message's point of origin, route and destination - or otherwise falsely configuring e-mail;
(e) use a user name, e-mail address, header or avatar that NWH, in its sole discretion, deems inappropriate;
(f) disseminate multiple unsolicited copies of e-mail through the Services;
(g) upload files that contain software or other material protected by intellectual property laws, rights of publicity or privacy, except if you own or control such rights or have received all necessary consents, permissions, licenses, approvals;
(h) upload files that you know or have reason to believe may contain viruses, corrupted files, or any other similar software or program that may result in damage to the operation of NWH’s the Services or servers or to another's computer;
(i) advertise, offer to sell or buy any goods or services for any business purpose;
(j) conduct or forward surveys, contests, pyramid schemes or chain letters;
(k) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(l) restrict, inhibit, harass or attempt to prevent any other user from using and enjoying the Services;
(m) disclose personal information and/or collect information about others (especially personal information or information likely to lead to personal identification of another), including e-mail addresses, without their prior consent; or
(n) violate any applicable domestic or international laws or regulations.
Always use caution and common sense when using the Services, especially when giving out any personally identifying information about yourself or with respect to financial information or transactions. NWH does not control or endorse the content, messages or information found in user submitted portions of the Services or external locations and, therefore, NWH specifically disclaims any responsibility with regard thereto.
ADDITIONS AND CHANGES
You agree to review this Agreement on at least a weekly basis to be aware of Changes (as defined herein) and any notices NWH may send to you. NWH employees cannot change the terms of this Agreement except as posted on these Services. NWH has the right, at any time, to:
(a) add, change or discontinue any aspect or feature of the Services, including, but not limited to, content, financial terms, availability and equipment needed for access or use;
(b) impose, change or modify its terms and conditions applicable to your use of the Services, or any part thereof; and/or
(c) impose, change or modify the terms and conditions of this Agreement ("Changes").
Such Changes shall be effective immediately upon notice by posting the Changes on NWH’s and Services or by any other method of notice NWH deems appropriate. Any use of the Services by you after notice of the Changes, constitutes acceptance by you of such Changes.
The Services may contain links to external locations (e.g., other web sites, etc.) and the ability to access external portions of the Internet or otherwise. You agree that NWH is not responsible for the availability of these external locations, the content, including, without limitation, solicitations thereon or products or services made available thereby. You acknowledge that some external locations may contain materials or communications, which are unedited, untrue, illegal in some jurisdictions and may be offensive. You agree to access external locations at your own risk and not to permit minors to have access in inappropriate material. You agree that NWH shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location and you hereby irrevocably waive any and all claims related thereto against NWH. Any concerns regarding any external location should be directed to its respective site administrator, systems operator or webmaster and to firstname.lastname@example.org
NWH hereby grants you a non-exclusive, limited licensee, revocable at NWH’s discretion, for you to link to NWH’s home page from any site that is not commercially competitive to NWH and does not criticize or otherwise injure NWH, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. All of NWH’s rights and remedies are expressly reserved.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services, and you shall be responsible for all charges related thereto.
You understand that NWH cannot and does not promise, guarantee or warrant that files you download through the Internet will be free from viruses, worms, trojan horses or other code that may be destructive. You are responsible for implementing sufficient safeguards for yourself. NWH does not assume any responsibility for your use of the Internet.
The content of the site may not be complete or up-to-date and should not be used to replace any other statements or notices provided by us. Information obtained by using this site is not exhaustive and does not necessarily cover all relevant issues.
FOR YOUR INFORMATION
USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NWH DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. NWH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY. NWH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. NWH MAKES NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. NWH ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information on this site is current only as of the date it is posted.
LIMITATION ON LIABILITY
NWH, ITS LICENSORS, LICENSEES, CUSTOMERS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY TO ANY PARTY REFERENCED ABOVE IN THIS SECTION (REGARDLESS OF THE FORM OF ACTION) EXCEED $100.
SECURITY AND PRIVACY
Any passwords used for registration on this site are for individual use only. You are solely responsible for the security of your password. NWH may monitor your password and, at our discretion, require you to change it. If you use a password that NWH considers insecure, NWH may require it to be changed or NWH may end your account.
NWH operates and controls the Site from its offices, in the United States of America. NWH makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You and NWH irrevocably disclaim and waive the application of the U.N. Convention for the International Sale of Goods. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. These Terms and Conditions are effective until terminated by either party. Users may terminate this Agreement by destroying all materials (including without limitation, all related documentation and all copies and installations thereof, whether made under these Terms and Conditions or otherwise) obtained from this Site (or any other web site or source). The privileges granted to you under this Agreement will terminate immediately and automatically without notice from NWH if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement. This Agreement contains the entire understanding of you and NWH, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except by a writing signed by an authorized signatory for NWH. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
COMPLAINT, NOTICE AND OFFICIAL ADDRESS
NWH takes the intellectual property rights of others very seriously and complies with the complaint procedures of the Digital Millennium Copyright Act. If you believe that any of the material on NWH’s Services infringes any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please send the specific details of your claimed infringement via email to:
In your notification, please include the following information:
1. Identification of the copyrighted work(s) claimed to have been infringed and statement of ownership to such work(s);
2. 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 NWH to locate the material;
3. Information reasonably sufficient to permit NWH to contact you, such as an address, telephone number and email address at which you may be contacted;
4. A statement that you have 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;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. Your electronic signature.
Last updated: 01/10/12
NEW WORLD HOME® and all characters, logos, names and all related indicia are service marks or trademarks of NWH or provided by third parties under license or permission.
©2012 NWH LLC. All rights reserved.
USE AND DISCLOSURE OF PERSONAL INFORMATION BY NEW WORLD HOME
NWH reserves the right at all times to disclose any information as necessary to satisfy any applicable law (including, without limitation, the Children's Online Privacy Protection Act), regulation, legal process, demands by parties claiming your infringement of their rights or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in NWH's sole discretion.
THE ABILITY TO OPT-OUT
NWH may send you e-mail updates or its newsletter featuring information about products, companies and events that NWH thinks you would like. You have the option of deciding not to receive any of NWH's future mailings each time you register for any of its Services or any time you order anything online from NWH. NWH makes information, including Personal Information, available to a select group of companies that NWH thinks may have products, contests, or Services that you would enjoy. If you do not want to receive these messages, send an e-mail to email@example.com to remove your name from the list.
In addition, NWH may share non-personal, collective, or summary information regarding its users with other third parties not mentioned in this policy. Similarly, NWH may ask you for Personal Information when you enter sweepstakes, contests or promotions through the site. NWH believes that its ability to share your Personal Information with its affiliates and certain third parties improves NWH's ability to provide Services to you. However, if you object to NWH sharing of your Personal Information and would like to exercise your rights under the Financial Services Modernization Act and the Fair Reporting Act to limit NWH's use of certain information governed by the mandatory opt-out provisions of those acts (should NWH ever collect such information and even though NWH is not governed by those acts), send an e-mail to firstname.lastname@example.org to remove your name from the list.
NEW WORLD HOME'S USER SURVEYS AND POLLS
NWH may conduct periodic surveys and polls of its users, which will either be posted on its website/blog or sent to you by email. The questions in these surveys and polls are sometimes asked on behalf of a particular client or sometimes for more than one client at once. Any information NWH collects from the survey will be edited before NWH releases it to a client, and NWH may receive compensation for a portion or all of this information. All surveys are optional and any prizes offered for participating in a NWH survey or NWH poll are awarded based on a random drawing. You participate in NWH surveys anonymously, and the replies you send are instantly separated from your Personal Information. NWH only asks for your name and email in order for you to receive the prizes connected with the surveys. If you provide your name or e-mail address in some section of the form where NWH has not requested it, NWH will delete it before releasing the data outside. The survey reports that NWH sends out to clients will include aggregated data. If NWH asks you for a zip code it is just to help compare the opinions of users from all different parts of NWH's membership. NWH will only participate in survey initiatives on behalf of clients whom NWH believes will protect your privacy.
INFORMATION FOR CHILDREN UNDER 13 OR PARENTS OF CHILDREN UNDER 13
The NWH website/blog is not intended for use by children under the age of 13. In compliance with the Children's Online Privacy Protection Act (COPPA), NWH does not intend to collect any Personal Information from children under 13 years of age. NWH Services target audiences that includes people over the age of 13 and some content may not be appropriate for all ages. Parental supervision is recommended. NWH will not knowingly collect personally identifiable information from children under 13. Parents with any questions or concerns about NWH's website/blog or who would like to find out if their child is a member of one of its Services, or who would like to cancel their child's membership may contact NWH at the following e-mail address: email@example.com
Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's Personal Information, as well as refuse to permit the further collection or use of such Personal Information.
CHAT ROOMS AND OTHER SERVICES
You must be at least age 13 to use NWH's website/blog and by definition that restriction applies to any chat rooms and message boards NWH may decide to include on the website/blog. Although NWH reserves the right to monitor chat rooms and message boards, it is often difficult to monitor such a large volume of content. Certainly, you should be aware that when you give out Personal Information in chat rooms or on message boards, other people can collect and use that information. You can wind up receiving unwanted and inappropriate messages, and therefore out of concern for your safety, NWH must emphasize that this activity is dangerous and you should NEVER give out Personal Information such as your address, e-mail, telephone number, or city in any chat room or message board.
CLIENT'S WEBSITE SECURITY
This website/blog and all associated data are maintained with technical, administrative and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification and improper disclosure. However, no computer system or information can ever be completely or perfectly protected against every possible hazard. At NWH, it is important to provide reasonable and appropriate security controls to protect its website/blog and its information against foreseeable hazards. In pursuit of this security, NWH may disclose Personal Information to government authorities at its discretion, and also may disclose Personal Information when given reason to believe that someone is causing injury to or interference with its rights or property, users or other individuals or businesses.
Last Updated: 01/12/12
©2012 NWH LLC. All rights reserved.
LEGAL NOTICE FOR NEW WORLD HOME®
NEW WORLD HOME, NEW OLD GREEN MODULAR, NOGM, HISTORICALLY INSPIRED … HISTORICALLY GREEN, THE OLD WORLD IS READY FOR A NEW WORLD HOUSING SOLUTION, and their associated logos are services marks and trademarks of NWH LLC d/b/a New World Home.
©2012 NWH LLC. All rights reserved.
9040 Roswell Road
Atlanta, GA 30350
Phone: (678) 323-1500