New Day Homes and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually "New Day Homes") provide you access to the New Day Homes web site subject to the terms and conditions of use set forth below (the "Terms of Use"). New Day Homes offers certain product and/or services via the Site. You agree to read the Terms of Use carefully before using the Site or the Services. By using the Site and the Services, you agree to abide by the Terms of Use, as follows:

1. Fees and Costs

New Day Homes charges a fee for its products or services. Please view our product for individual product prices. You are responsible for paying any applicable fees and taxes and for all hardware, software, service and other costs you may incur in connection with the Services, including costs incurred in connecting to the Sites via the Internet. New Day Homes reserves the right, at any time, to charge or modify fees for access to the Site or for any of its Services. New Day Homes will notify you of any such fees by posting information regarding such fees on the Sites.

2. Content Guidelines/Prohibited Uses

Content Guidelines.

You agree not to post, upload or transmit to the Site or to New Day Homes servers any communications, text, graphics or other information (collectively, "Material") that:

• is obscene, fraudulent, indecent, discourteous, offensive, or abusive;
• defames, abuses, harasses or threatens others;
• contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• advocates or encourages any illegal activity;
• infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party;
• violates the privacy of individuals, including other users of the Sites; or
• violates any applicable local, state, national, or international law.

New Day Homes in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason. New Day Homes may take any action with respect to the Material if New Day Homes believes, in its sole discretion, that the Material may create liability for itself or any third parties or may cause New Day Homes to lose (in whole or in part) the services of its ISPs, vendors or advertisers.

Other Restrictions on Use.

You shall comply with all laws and regulations applicable to your use of the Services, the Site, and the Material. You are not permitted to use New Day Homes name, URL, trademarks or other material in any manner, including, without limitation, in connection with "spam" e-mail messages or newsgroup postings. For the purposes of these Terms of Use, "spam" has the meaning generally understood among Internet users, and includes without limitation unsolicited electronic mail advertisements. You may not impose an unreasonable or disproportionately large load (as determined by us in light of the load imposed by other users generally) on New Day Homes infrastructure. You may not use any "bot" or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from New Day Homes or any of its business affiliates.

3. Links to Third-Party Sites

Any third-party sites to which the Sites may link are not under New Day Homes control, and New Day Homes does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, New Day Homes does not intend links contained on the Sites to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.

4. DISCLAIMER AND LIMITATION OF LIABILITY

THE SERVICES, INFORMATION, CONTENT, OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITES (COLLECTIVELY, "INFORMATION") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. New Day Homes MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITES OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. New Day Homes MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITES, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. New Day Homes CANNOT BE HELD RESPONSIBLE FOR ANY EVENTS THAT TRANSPIRE THROUGH USE OF OUR SERVICES. New Day Homes IS NOT AND WILL NOT BE HELD RESPONSIBLE FOR ADVERSE CONSEQUENCES ARISING OUT OF CONTACTING OR MAKING ASSOCIATIONS WITH USERS OF THE SITES. ALL INFORMATION IS SUBMITTED VOLUNTARILY AND THIS INFORMATION WILL BE MADE AVAILABLE TO THE PUBLIC. ALL RISKS FOR MAKING THIS INFORMATION AVAILABLE WILL BE BORNE BY YOU, THE USER. IF A DISPUTE SHOULD ARISE BETWEEN YOURSELF AND ANOTHER USER YOU RELEASE New Day Homes FROM ANY CLAIMS OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED ARISING FROM SUCH A DISPUTE. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 5, New Day Homes SHALL HAVE NO LIABILITY FOR:

• any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Sites or the Services;
• any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
• any decision made or action taken or not taken in reliance upon the Information furnished hereunder;
• any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use by you of the Internet generally;
• any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services or the Sites, even if New Day Homes has been advised of the possibility of such damages; or
• any lost profits or special, incidental or consequential damages (no matter how they might arise, including from New Day Homes negligence) arising out of or in connection with the Information, the Services, the Sites or the Terms of Use.

Notwithstanding any provision of these Terms of Use to the contrary, New Day Homes total liability to you is limited to $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you. 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 also may have other legal rights which vary from state to state.

5. Privacy and Communications to the Sites

Any communication, information or other material you transmit or post to the Sites, by electronic mail or otherwise (other than personally identifiable information about you), including any answers to questions, comments, suggestions, or other data supplied by you is, and will be treated as, non-confidential and non-proprietary. You hereby grant to New Day Homes a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, distribution, advertising, marketing, promotion, research, broadcast, display, modification, syndication, licensing and posting. New Day Homes use of personally identifiable information, as well as New Day Homes use of cookies and other tracking methods, is governed by the terms of New Day Homes Privacy Policy. By accepting the Terms of Use, you expressly consent to New Day Homes use of your information, as enumerated in New Day Homes then-current privacy policy, which is incorporated herein by reference. Because New Day Homes Privacy Policy may change from time to time, you should also review it regularly for updates.

6. Representations and Warranties

You represent and warrant that:

• you have full right and power to enter into and perform these Terms of Use, and have secured all third party consents necessary to enter into these Terms of Use;
• all factual assertions that you have made and will make to New Day Homes are true and complete; and
• you are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to agree to the Terms of Use.

7. Termination

New Day Homes reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, New Day Homes may terminate your use of the Services or access to the Sites immediately and without notice if: (a) you breach the Terms of Use; (b) you infringe the intellectual property rights of a third party in connection with the Services; (c) New Day Homes is unable to verify or authenticate any information you provide to it, or (d) any material uploaded or transmitted by you to the Sites violates any applicable laws or rights of any third party.

8. Governing Law, Jurisdiction and Dispute Resolution

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles. You and New Day Homes agree that any and all disputes arising out of or related to the Terms of Use shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Texas.

9. Changes to the Services and the Site

New Day Homes reserves the right to change, suspend or discontinue any aspect of the services or the Site at any time, including the availability of any features, databases or content. New Day Homes will attempt to provide reasonable notice of such changes to the Services or the Site. New Day Homes may also impose limits on features or restrict access to parts of the Site.

10. Modifications to the Terms of Use

New Day Homes may amend these Terms of Use at any time by posting amended Terms of Use to the Sites. The amended Terms of Use shall be effective immediately upon posting to the Site. New Day Homes therefore encourages you to review these Terms of Use frequently.

11. Unlawful Conduct

Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to New Day Homes Designated Agent at:

info@newdayhomestexas.com

12. Miscellaneous

Your sole remedy for any breach of these Terms of Use by New Day Homes shall be an action at law for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of New Day Homes, or any breach of these Terms of Use by New Day Homes. These Terms of Use constitute the entire understanding of you and New Day Homes with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and New Day Homes. The provisions of these Terms of Use are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of you and New Day Homes as reflected in the original provision. Any delay or failure on the part of New Day Homes to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time. You indemnify and hold harmless New Day Homes, and the officers, directors, employees, partners, principals, agents and representatives of New Day Homes, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of Use. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Use, including without limitation all of your representations, warranties and indemnification obligations.

How you can reach New Day Homes:

The Services hereunder are offered by New Day Homes, located at:

Our phone number is 817-239-6542.

Fees for services offered by us are available as described in Section 1.

© 2008 New Day Homes. All rights reserved. All other trademarks, product names, and company names or logos cited herein remain the property of their respective owners.