AGREEMENT BETWEEN USER AND HomeFerret.com

The HomeFerret.com Web Site is comprised of various Web pages operated by HomeFerret.com.

The HomeFerret.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the HomeFerret.com Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

HomeFerret.com reserves the right to change the terms, conditions, and notices under which the HomeFerret.com Web Site is offered, including but not limited to the charges associated with the use of the HomeFerret.com Web Site.

LINKS TO THIRD PARTY SITES

The HomeFerret.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of HomeFerret.com and HomeFerret.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HomeFerret.com is not responsible for webcasting or any other form of transmission received from any Linked Site. HomeFerret.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeFerret.com of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the HomeFerret.com Web Site, you warrant to HomeFerret.com that you will not use the HomeFerret.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HomeFerret.com Web Site in any manner which could damage, disable, overburden, or impair the HomeFerret.com Web Site or interfere with any other party's use and enjoyment of the HomeFerret.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HomeFerret.com Web Sites.

USE OF COMMUNICATION SERVICES

The HomeFerret.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

* Conduct or forward surveys, contests, pyramid schemes or chain letters.

* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

* 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.

* Restrict or inhibit any other user from using and enjoying the Communication Services.

* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

* Violate any applicable laws or regulations.

HomeFerret.com has no obligation to monitor the Communication Services. However, HomeFerret.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HomeFerret.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

HomeFerret.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HomeFerret.com's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HomeFerret.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, HomeFerret.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HomeFerret.com spokespersons, and their views do not necessarily reflect those of HomeFerret.com.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO HomeFerret.com OR POSTED AT ANY HomeFerret.com WEB SITE

HomeFerret.com does not claim ownership of the materials you provide to HomeFerret.com (including feedback and suggestions) or post, upload, input or submit to any HomeFerret.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HomeFerret.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. HomeFerret.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HomeFerret.com's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HomeFerret.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HomeFerret.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HomeFerret.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE HomeFerret.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

HomeFerret.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HomeFerret.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HomeFerret.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HomeFerret.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HomeFerret.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE HomeFerret.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HomeFerret.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HomeFerret.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HomeFerret.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HomeFerret.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HomeFerret.com WEB SITE.

SERVICE CONTACT : info@homeferret.com

TERMINATION/ACCESS RESTRICTION

HomeFerret.com reserves the right, in its sole discretion, to terminate your access to the HomeFerret.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the HomeFerret.com Web Site. Use of the HomeFerret.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HomeFerret.com as a result of this agreement or use of the HomeFerret.com Web Site. HomeFerret.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HomeFerret.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HomeFerret.com Web Site or information provided to or gathered by HomeFerret.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HomeFerret.com with respect to the HomeFerret.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HomeFerret.com with respect to the HomeFerret.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the HomeFerret.com Web Site are: Copyright 2006 HomeFerret.com and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

REAL ESTATE SERVICES
All of the information you have provided in your coupon request form, or other registration form, is true and complete. You further understand and agree that by registering on the homeferret.com web site or making a request on the homeferret.com site, you have established a business relationship with homeferret.com, and therefore you are extending an express invitation for homeferret.com to contact you or your immediate family using methods including but not limited to email, US 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.

Homeferret.com is a licensed real estate broker. Homeferret.com does not list homes in the MLS. For its services on a completed transaction, Homeferret.com receives a real estate brokerage referral fee from the homebuilder, if you are not already represented by a licensed Texas Real Estate Agent. Your use of this Web site constitutes your agreement with this compensation arrangement.

Cash back rebate or other incentives are only available to customers who use homeferret.com coupon to buy their home. Customers must have been connected with the homebuilder through homeferret.com to be eligible for incentives. You must present your homeferret.com Cash Back Coupon to the builder on your FIRST visit to the builder to be eligible for incentives. If a coupon is not available for a particular builder, then (a) you must be registered by homeferret.com prior to your first visiting or contacting the builder to be eligible for incentives and (b) the builder must pay homeferret.com a commission in order for you to be eligible for incentives.

Rebate offer not available in all states. Rebate is based on the base price of the home. Base price excludes options, upgrades and lot premiums. If the builder makes adjustments to the base price that have the effect of lowering the selling price of the home, and/or reducing the price upon which it pays its cooperating broker commission, the homeferret.com rebate amount will be based on the lower of the base price or the adjusted price. If the builder reduces its cooperating broker commission payment by deducting an administrative fee, the homeferret.com rebate amount will be reduced accordingly on a pro rata basis.

Homeferret.com reserves the right to pay rebate to Home Buyer in the form of paying closing costs on the HUD-1 Settlement Statement if so required by the lender or other party to the close or by applicable law, in the form of a discount on the purchase price if so required or transacted by the builder or other party to the close or by applicable law, or, at homeferret.com's sole discretion, in any other form based on the needs or requirements specific to the transaction.

Incentives may not be permitted in connection with certain loan programs for the buyer/borrower. These include, but are not limited to, FHA and VA loans. Please consult your lender regarding whether or not you can collect the incentive in connection with your loan.

The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions apply.

CASH BACK COUPON
The homeferret.com Cash Back Coupon must be presented on your first visit to the builder's sales office in order for you to receive a 1% Cash Back Rebate from homeferret.com. The Cash Back Coupon demonstrates to the builder that you learned about their homes from homeferret.com and are therefore eligible to earn a 1% Cash Back Rebate from homeferret.com. Offer is valid if potential buyer is accompanied by a third party real estate agent during registration or contracting, or if potential buyer has registered with a third party real estate agent at the community previously. The third party real estate agent will rebate the buyer after closing per homeferret.com’s agreement with agent's broker.

The builder representative must sign and date your coupon. Unless otherwise noted on the website or coupon, your homeferret.com Cash Back Rebate will equal one percent of the base price of your home and will be paid after closing. The base price does not include options, upgrade or lot premiums.

Information About Brokerage Services
Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords.

Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly.

IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written -listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent.

IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer's agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer's agent anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent.

IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction:

1. shall treat all parties honestly;
2. may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner;
3. may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and
4. may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property.

With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party.

If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding.

Use of the homeferret.com's Web Site acknowledges receipt of this information.