First Release Homes

Please read these Terms of Use Agreement ("Agreement") carefully. By utilizing this Web site and any pages hereof, you agree to be bound by the Terms and Conditions below.

Membership is free! However, we do insist that you abide by the Terms and Conditions detailed below at all times. If you agree to the membership terms, please select "yes" I agree" on the this enrollment form.

In exchange for our valuable first release email alert service, cash rebate program and free online personalized new home account profile, we ask that you agree to work with one of our new home specialist or directly with the builders sales representative and not by any other agent or broker. The completion and submission of this enrollment form connects you, the prospective home buyer or investor directly to the home builder, sales and marketing representative of the builder or one of our first release new home specialist. A First Release Homes agent or one of its affiliates, are pre-construction new home specialists that are experienced and knowledgeable with respect to new home construction and pre-construction real estate. The builders representative or one of our new home specialist will educate you on the pre-approval requirements, explain the pre-construction home buying process, and assist with providing you additional information on the new home community you are interested in.  The First Release Homes Listing and Email Alert Service is free to you the prospective home buyer or investors. All fees, referrals or commissions are paid by the home builder and or seller.

All of the information you provided, is true and complete. You authorize First Release Homes to forward your information to directly to the home builder or their authorized representatives or one of our new home specialist. You understand that First Release Homes, the homebuilder's for whom you registered, and our network of real estate professionals, may keep the information you entered on the enrollment / membership form, whether or not you complete a real estate transaction through the builder, First Release Homes or one of its network affiliates. You further understand and agree that by registering on this site or making a request on this site, you have entered into a business relationship with First Release Homes and, therefore, you are extending an express invitation for First Release Homes, the homebuilders for whom you registered, and our network of First Release Homes real estate professionals, to contact you using methods that you provided and, including but not limited to, email, U.S. Mail, and by telephone using the information you have provided during registration, and that you hereby consent to allow such communications or telephone calls even if your phone number is on any Do Not Call list.

CASH BACK COUPON
To qualify for our cash back incentive program, buyers/members must agree to be accompanied in person by a First Release Buyers agent or one of its affiliates or present the cash back coupon directly to the homebuyer’s sales representative upon their initial visit to the home builder’s sales office. Cash or other incentives are only available to users and customers who use First Release Homes to buy their home. Users and customers must have been connected with the homebuilder through First Release Homes to be eligible for incentives. The First Release Homes Refer-A-Friend Cash Back Coupon must be printed and presented to either the builder directly or a First Release Home’s agent or one of its affiliates, upon your "FIRST" visit to the home builder's sales office in order to receive cash rebate from First Release Homes upon close of escrow. If a coupon is not available for a particular home builder, then (1) you must be registered by either a First Release Homes Agent or one of its affiliates agents prior to your first visiting or contacting the builder to be eligible for incentives; and (2) the builder must pay First Release Homes a commission in order for you to be eligible for incentives.

INDEMNITY
As a condition of use of this site, you agree to indemnify First Release Homes and its direct and indirect parent companies, affiliated companies, direct and indirect subsidiaries, and each of its and their officers, directors, employees, shareholders, members, representatives, agents, and the predecessors, successors and assigns of each of them, against any and all liabilities, expenses (including attorneys' fees and costs) and damages arising out of claims resulting from your use of First Release Homes’ services, including without limitation, any claims alleging facts that if true would constitute a breach by you of this Agreement. First Release Homes shall not be liable for, and the user hereby waives, any claims user may have against First Release Homes in any way relating to the property identified, listed or described on this site or the construction of any residence or other improvement constructed thereon by any of the homebuilders. User specifically acknowledges that its rights and remedies with respect to the property, the condition of any home built by any homebuilder or any other aspect of its potential purchase of property listed on the First Release Homes’ Web site shall be against the homebuilders. In addition we attempt to make sure all of the information on the Site, including but not limited to price, square footage, availability date, lot size, drawings and photos, is accurate, you understand that it may not be current, accurate, or complete and that Builder’s Website and its suppliers do not warrant or guarantee such accuracy. You are solely responsible for independently verifying all information on the Site before relying on that information in any way.

ARBITRATION
Any claim or controversy arising out of or relating to the use of this web site, to the goods or services provided by First Release Homes, or to any acts or omissions for which you may contend First Release Homes is liable, including but not limited to, any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in San Francisco, California. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to First Release Homes’. In any arbitration, the parties shall bear their own respective attorneys’ fees and costs and shall equally share in the costs for the arbitration proceeding. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Francisco, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND FIRST RELEASE HOMES WILL BE RESOLVED BY BINDING ARBITRATION. THE PARTIES THUS WAIVE THEIR RIGHTS TO A JURY TRIAL IN A COURT OF LAW. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using First Release Home’s goods and services you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and First Release Homes, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Francisco, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

MISCELLANEOUS
This Agreement constitute the entire agreement and understanding between First Release Homes and you (the “Parties”) and supersedes all prior agreements and understandings, both written and oral, between the Parties hereto with respect to the subject matter. The headings herein are for convenience only and do not constitute a part of this Agreement and shall not be deemed to limit or affect any of its provisions. None of the terms or conditions of this Agreement may be waived except in writing by the party which is entitled to the benefits thereof. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by each of the Parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect the legality, enforceability or validity of any other provisions or of the same provision as applied to any other fact or circumstance and such illegal, unenforceable or invalid provision shall be modified to the minimum extent necessary to make such provision legal, valid or enforceable, as the case may be. This Agreement may be executed simultaneously in one or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same document. The Agreement may be executed and will become binding by clicking on I agree to Terms and Conditions on website or by facsimile signature which will have the same force and effect as if it were an original signature.