Thank you for your interest in New Western and its affiliates and subsidiaries (New Western and its affiliated companies and subsidiaries listed in Section 4, collectively, “New Western,” “us,” “our,” or “we”). By agreeing, submitting your information, and using our websites and/or mobile applications (“Website”) to access content provided by us (“Services”), you (“User” or “you”) agree to be bound by the following terms of use, as updated from time to time (the “Terms of Use”). If you do not agree to be bound by these Terms of Use, you are not authorized to use the Website or to obtain Services from New Western.
By using or attempting to use this Website, you certify to New Western that you are a resident of the United States or otherwise authorized to conduct business in the United States, and are at least 18 years of age or older and have the legal capacity to agree to these Terms of Use.
1. New Western’s Role. NO associates at New Western REPRESENT you in any capacity. It is the sole responsibility of User to conduct its own due diligence in any business dealings. Any content published on our Website does not constitute a contract or create any type of contractual obligation between New Western and User and said content may not constitute the most up-to-date information. The information provided on the Website does not, and is not intended to, constitute legal, financial, or investing advice.
2. Real Estate Investment Risk. New Western is involved with investment real estate. Real estate investing involves varying degrees of risk, and it is the sole responsibility of User to do all due diligence concerning any potential purchase of real estate. User acknowledges that the RISK OF LOSS in real estate investing can be substantial, that real estate investment is SPECULATIVE by its nature, and that New Western does not guarantee any investment will be profitable.
3. Website Content. The content contained on the Website is provided “AS-IS” and provided for Your convenience only. No representations are made that the content is error-free including, but not limited to, any information regarding specifications, characteristics or the condition of a property. All liability with respect to actions taken or not taken based on the content contained on the Website are hereby expressly disclaimed and User waives User’s right to assert any such actions. Any estimates, information provided, or photographs/video showing the condition of the property are for your convenience only. Any information regarding specifications, characteristics, or condition of this property, neighborhood, or investment strategy (including, but not limited to, estimated rehab costs, as-is property square footage measurements, or proposed expansion through construction) is an unverified assumption of the broker or its affiliates based on limited information and must be verified independently for accuracy. Broker and its affiliates assume no liability whatsoever for the accuracy of any estimates, information, or photo/video provided. Buyer is required to conduct their own due diligence.
4. Affiliates and Subsidiaries. By consenting to communications from or with New Western it may include communication with any one of New Western’s affiliates and subsidiaries identified below:
UI Holdings, LLC; United InvestexUSA, LLC; United InvestexUSA 2, LLC; United InvestexUSA 3, LLC; United InvestexUSA 4, LLC; United InvestexUSA 5, LLC; United InvestexUSA 6 LLC; United InvestexUSA 7 Inc.; United InvestexUSA 8, LLC; United InvestexUSA 9, LLC; United InvestexUSA 10, LLC; United InvestexUSA 11 Inc.; United InvestexUSA 13, LLC; United InvestexUSA 14, LLC; United InvestexUSA 15, LLC; United InvestexUSA 18, LLC; United InvestexUSA 19, LLC; United InvestexUSA 20, LLC; United InvestexUSA 21, LLC; United InvestexUSA 22, LLC; United InvestexUSA 24, LLC; United InvestexUSA 26, LLC; United InvestexUSA 27, LLC; United InvestexUSA 28, LLC; United InvestexUSA 29, LLC; United InvestexUSA 30, LLC; United InvestexUSA 31, LLC; United InvestexUSA 32, LLC (New Western is a dba of the entities listed above), and ManPow, LLC.
User acknowledges that a relationship and a common ownership exists between New Western, and the following entities:
Sherman Bridge Lending, Spartan Title LLC, UI Holdings, LLC, Acquisition Holdings, LLC, Bama Capital LLC, Bear Flag Properties LLC, Big State Property Ventures LLC, Black Canyon Equity LLC, Capitol Warrior LLC, DFW Holdings, LLC, Discovery City Holdings LLC, Falcon Mutual LLC, First Landing Investments LLC, Fountain City Renewal LLC, Goldline Investments, LLC, Harkor Homes, LLC, HEB Homes LLC, Investcar LLC, Jet City Homes LLC, K Town Homes, LLC, Lucky City Investments LLC, Music City Holdings LLC, NWA Residual, LLC, Pinellas Equities LLC, Pocono Properties LLC, Power House Holdings LLC, Salt Lake Warrior LLC, Satex Financial, LLC, SBR Empire LLC, SDAL Holdings LLC, Second City Renewal LLC, SKA Properties, LLC, Soup To Nuts, LLC, Southern State Investments, LLC, Stockpile Property Ventures LLC, Texas Capitol LLC, Texan Mutual, LLC, TriOaks Capital LLC, United Colorado LLC, and Westoplex Renewal Co. LLC.
User acknowledges that information may be shared among these entities.
5. Consent to Communications. Any email message or other electronic message and the contents thereof are intended solely for the addressee. User acknowledges that information within any email message may be legally PRIVILEGED AND CONFIDENTIAL. You may not reproduce, disseminate, or forward the contents of any electronic transmission received from New Western without the express written consent of New Western.
User acknowledges that any contact information provided to New Western will be for BUSINESS PURPOSES. The contact information provided to New Western should not be for personal, family, household, or consumer purposes.
Phone Calls and SMS Text Messages: If you have provided a phone number, you consent to receive calls and SMS text messages from New Western, that consent is exclusive to New Western and its partners, subsidiaries, and affiliates, and is collected solely for the purpose of obtaining your permission to call or text you as part of providing you with the Services or to send you marketing messages as described within this Privacy Policy. By using the Services and/or creating an account with New Western and its affiliates and subsidiaries, User expressly consents to New Western contacting the User at the number(s) they have provided, or will provide, for marketing purposes, including through the use of automated dialing technology, prerecorded voice, ringless voicemail, and SMS/MMS text messages. I acknowledge my consent is not required to obtain any good or service. Message and data rates may apply. You may opt out of receiving SMS text messages at any time. To opt-out at any time reply "STOP" or revoke your consent over the phone. For assistance, please refer to our Privacy Policy.
Marketing: We may send marketing materials to you using various communication channels, including without limitation, email, SMS text messages, push notifications, telephone calls, and direct mail. Users may also subscribe to Alert Emails or other notifications with information such as customized summaries available opportunities. New Western may send you current or past completed or available opportunities in accordance with applicable law .
6. Interest Advertised. New Western’s clients (“Client”) are real estate investors and are the sellers of their interest in properties offered. The Client may hold legal title or may have an equitable interest in the property through a contract or assignment to purchase the property on a future date and may or may not hold legal title to the property at the time the property is sold to the User. In all transactions, Client is marketing and selling or assigning its legal or equitable interest in the property to the User to make a profit. User shall not access any property without being accompanied by a New Western representative.
7. Property Condition. User is fully aware that purchases are made AS-IS. Due to the nature of the transaction, the seller will have no knowledge about the condition of the property and cannot provide its own Seller’s Property Disclosure form. Seller will provide to Buyer the Seller’s Property Disclosure form if Seller received the same from Seller’s vendor. The condition of the property is SOLELY User’s responsibility to discover.
8. Non-Circumvention. The identities of any individual and/or entity made available through the Website or introduced to you by New Western (“New Western Contacts”) and any information relating to any real property made available through New Western’s Website is confidential and proprietary. User and User’s agents, representatives, and assigns shall not use the content on the Website to discover additional information about the property including, but not limited to, the owner or address of the property and shall not, for a period of two (2) years, initiate, solicit, negotiate, or enter into a contract for real estate with any New Western Contact or seek to by-pass, compete with, exploit, avoid or circumvent New Western from any business opportunity by utilizing any New Western Contacts, any content on, or derived from, the Website, or confidential or proprietary information obtained from New Western or the Website to New Western’s detriment.
User agrees that any liability or claim arising out of or in connection with a BREACH OF ITS OBLIGATIONS under this section is difficult to estimate in light of any probable loss and difficulties of proof of loss and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. Upon breach of this Section, User agrees that if any liability shall be liquidated in an amount equal to TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) per occurrence and that New Western shall be entitled to recover all reasonable attorney fees and costs incurred as a result of User’s breach.
9. Non-Solicitation. New Western has expended and continues to expend significant time and expense on its personnel and that the loss of personnel would cause significant and irreparable harm to New Western. User agrees NOT TO, for a period of two (2) years, directly or indirectly SOLICIT, hire, recruit, or attempt to solicit, hire, or recruit, any New Western’s personnel.
10. Use of the Services; Restrictions. As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. User acknowledges that User is using Services and purchasing the Property for a BUSINESS PURPOSE. You will not occupy the Property and are not purchasing the Property for personal, family, household, or consumer purposes.
a. Mobile Applications. To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.
11. Prohibited Use. You may use the Services provided by New Western only for lawful purposes and in accordance with these Terms of Use. BY USING THE SERVICES, YOU AGREE NOT TO:
- use the Services in any way that violates any federal, state, local, or international law or regulation; spam or distribute malware, or transmit or cause to be transmitted any viruses, worms, Trojan horses, time bombs, cancel bots, pyramid schemes or any other harmful, damaging or destructive programs or consent; reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by New Western;
- not automatedly crawl or query the Services for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) unless you have received prior express written permission from the applicable New Western.
- offer or sell and product or service in direct competition with any property or Service currently offered by New Western or solicit any current customer of New Western, the result of which is that New Western’s business with such customer is harmed.
- interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;
- access or use any of the Services to develop competitive products or services; or
- attempt to, or permit or encourage any third party to, do any of the above.
12. Intellectual Property Rights. The Website and its entire contents, features, and functionality (including by not limited to all information, software, text, displays, images, video, and audio, and the design, election, and arrangement thereof) are owned by New Western, its licensors, or other provider of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary right laws. These Terms of Use permit you to use the Website for your own use and that of any entity you control/manage for real estate investing purposes. You must not reproduce, distribute, modify, create derivative works or, publicly display, publicly perform, republish, download, store, or transmit any of the material of our Website, except as outlined in this Terms of Use.
13. Disputes. Any dispute, claim, or controversy that arises out of or is related to your use of the Website or these Terms of Use (“Claim”) including, but not limited to, the arbitrability of any such Claims, shall be determined exclusively by submitting such Claims to binding arbitration by a single arbitrator under the Federal Arbitration Act (“FAA”). Claims include all disputes, whether based on tort, contract, statute, regulation, ordinance, or code, in equity, or otherwise, except provisional remedies including, but not limited to, injunctive relief from a court of law. Arbitration shall proceed under the then-current rules for commercial disputes with the American Arbitration Association (“AAA”) and shall occur in Tarrant County, Texas. Judgment upon the award may be entered in any court having jurisdiction and the award may be vacated or modified only on the grounds provided by the FAA or other applicable law. Any up-front fees payable to arbitrator shall be divided equally between the Parties unless otherwise agreed upon by the Parties or provided by the AAA rules and each Party shall be responsible for its own costs, fees, and expenses, including attorneys’ fees, regardless of which Party prevails, unless such dispute arises from a claim that is deemed to be baseless or frivolous. THE PARTIES FURTHER AGREE TO IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY FOR ANY AND ALL CLAIMS AND THAT NEITHER PARTY WILL ASSERT AND, EACH SPECIFICALLY WAIVES THE RIGHT TO ASSERT, CLASS OR COLLECTIVE ACTION CLAIMS AGAINST THE OTHER IN ARBITRATION OR OTHERWISE.
14. Indemnification: You agree to defend, indemnify and hold harmless New Western, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms of Use or any use of the Website or its content which is not expressly authorized in these Terms of Use; and (ii) your violations of federal, state or local law including, but not limited to, the Federal Telephone Consumer Protection Act and CAN-SPAM Act. New Western reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with New Western’s defense of that claim.
15. Limitation of Liability/Exclusive Remedy. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEW WESTERN OR ANY OF THEIR AGENTS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION. NEW WESTERN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE INFORMATION ON THE WEBSITE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY INFORMATION ON THE WEBSITE OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF SUCH INFORMATION; OR (VII) USER INFORMATION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USER OR ANY THIRD PARTY. THE AGGREGATE LIABILITY OF NEW WESTERN AND ANY OF OUR AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
16. Choice of Law. These Terms of Use are governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions.
17. Privacy Policy. New Western will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Please consult our Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
18. External Links. The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. We do not endorse, and take no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third-parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
19. Severability. If any provision of the Terms of Use is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to affect the intention of the provision.
20. License Disclosures.
Arlington TREC License #607371 • Atlanta GREC License #65258 • Austin North (and South) TREC License #9003665 • Birmingham AREC License #000149602 • Boston MBRE License #423738-RE-C • Charlotte NCREC License #C30657 • Chicago IDRE License #481.013780 • Dallas TREC License #589457 • Denton TREC License #9004495 • Fort Worth TREC License #607371 • Greenville SCREC License #25486 • Houston TREC License #604727 • Indianapolis IREC License #RC52100316 • Inland Empire CBRE License #02001938 • Jacksonville FREC License #BO2034733 • Kansas City KREC License #CO00002964 • Kansas City MREC License #2019011033 • Los Angeles CDRE License #01526998 • Maryland Broker License #5012548 • Nashville TREC License #264487 • Oklahoma City OREC License #176150 • Philadelphia PREC License #RB067997 • Phoenix ADRE License #LC685615000 • Pittsburgh PREC License #RO302500 • Raleigh NCREC License #C31854 • Salt Lake City UDRE License #12888431-CN00 • San Antonio Central (and Northeast) TREC License #9000195 • South Dallas TREC License #9008053 • South DFW TREC License #607371 • St Louis MREC License #2019011033 • Tampa FREC License #CQ1049280 • Tulsa License OREC #205259 • Virginia DPOR License #226035216 • Washington DC DCRA License #REO40000121
21. Your Responsibility for Equipment and Related Costs. You are responsible for obtaining and maintaining all telephone, mobile, computer hardware, Internet access services and other equipment or services needed to access and use our Services, and all costs and fees associated with Internet access or long-distance charges incurred with regard to your access and use of our Services.
22. Amendments to Terms of Use. These Terms of Use are complete and effective at the time you begin use of the Service. We reserve the right to amend these Terms of Use in our sole discretion and without notice to you. In the event that any inconsistencies exist between these Terms of Use and any future published terms or understandings, the last published terms of use shall control.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY New Western.
23. Contact Information. If you have any questions or comments about this policy or New Western’s privacy practices, wish to opt out of certain services, or to submit a data privacy request, please contact us:
New Western
Data Privacy/Compliance
5000 Riverside Drive, Bldg. 5, Suite 100W, Irving, TX 75039
