Terms of Use

1. Acceptance of Terms

By accessing or using the NewKey.us website located at www.newkey.us (the "Site"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use the Site. We reserve the right to modify these Terms at any time, and your continued use of the Site constitutes acceptance of any changes.

2. Description of Service

NewKey.us is a real estate data aggregation platform that collects and displays publicly available information about new construction homes from homebuilder websites. Our services include listing aggregation, price tracking, sales velocity analytics, builder incentive tracking, and email notifications. The Site is intended for informational purposes only and does not constitute real estate advice, appraisals, or endorsements of any builder or property.

3. Data Accuracy Disclaimer

All listing data, pricing information, floor plan details, incentive offers, and other information displayed on the Site is sourced from publicly available homebuilder websites and is provided on an "as is" basis. We make no representations or warranties regarding the accuracy, completeness, timeliness, or reliability of any data displayed on the Site.

4. User Accounts

Certain features of the Site require you to create an account. When you create an account, you agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, for any reason, including violation of these Terms.

5. Acceptable Use

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable laws or regulations
• Scrape, crawl, or use automated tools to extract data from the Site without our prior written consent
• Reproduce, redistribute, sell, or commercially exploit any data, content, or materials obtained from the Site
• Attempt to gain unauthorized access to the Site, other user accounts, or our systems
• Interfere with or disrupt the integrity or performance of the Site or its infrastructure
• Upload or transmit viruses, malware, or other harmful code
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Use the Site to send unsolicited communications or spam

6. Intellectual Property

The Site and its original content (excluding data sourced from third-party builder websites), features, and functionality are owned by NewKey.us and are protected by applicable intellectual property laws. This includes, but is not limited to, the Site's design, layout, code, logos, graphics, and analytics methodologies.

Listing data, builder names, community names, and related content displayed on the Site are the property of their respective homebuilders and are displayed for informational purposes. Use of builder trademarks on this Site does not imply any affiliation with or endorsement by those builders.

7. Third-Party Links and Content

The Site may contain links to third-party websites, including homebuilder websites. These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites. You access third-party sites at your own risk.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWKEY.US AND ITS OWNERS, OPERATORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

• Your use of or inability to use the Site
• Any inaccuracies, errors, or omissions in the data or content displayed on the Site
• Any decisions made based on information obtained from the Site
• Any unauthorized access to or alteration of your account or data
• Any interruption or cessation of service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE EXCEED THE AMOUNT YOU HAVE PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Disclaimer of Warranties

THE SITE AND ALL CONTENT, DATA, AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA WILL BE ACCURATE OR COMPLETE.

10. Indemnification

You agree to indemnify, defend, and hold harmless NewKey.us and its owners, operators, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Site, your violation of these Terms, or your violation of any rights of any third party.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in Orange County, California.

12. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease. Sections that by their nature should survive termination shall survive, including intellectual property, limitation of liability, disclaimer of warranties, and indemnification.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

14. Contact Us

If you have questions about these Terms of Use, please contact us at: info@newkey.us