Terms & Conditions

Terms of Use

Effective Date: 11/1/2019

Last Updated On: 10/28/2021

General

New and Modern Group is pleased to give you access to www.newandmodernlots.com.

Your use of the Site, and all information, products and services on this Site or otherwise made available by or on behalf of New and Modern Group LLC and all services and information provided to you herin are subject to the binding legal terms set forth below ("Terms"). You understand we may update these Terms from time to time without giving you any notice. Any new features or updated Services will be subject to these Terms and that these terms may change at any time. By using the services, you agree to each of the terms set forth below. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SERVICES FOR ANY PURPOSE. You are solely responsible for independently verifying all information delivered through the services before relying on that information in any manner. All information is deemed reliable, but not guaranteed.

Recital

Member desires to avail itself of the services provided by New and Modern Group LLC to identify and source non-public real estate development opportunities in the city and/or region of Subscriber’s choice. Accordingly, in consideration for exclusive access to N&M’s curated pool of Off-Market Opportunities, Subscriber agrees to a limited right of first refusal to New and Modern Group LLC, a New Jersey Licensed Real Estate Brokerage, for the listing of any future property(s) built on the Off-Market Opportunity purchased by Subscriber. N&M and Subscriber (together, the “Parties”) further agree to abide by the terms and conditions of the Agreement and its addendum (“Addendum,” hereafter subsumed within the term “Agreement”), as set forth below.

Right of First Refusal and Agreement

In exchange for accessing this service, you agree to grant New and Modern Group exclusive right to sell any future property(s) developed on land sourced through this service, for a term of seventy two (72) months from the date of the property close. This includes all subdivisions, expanded structures, commercial or mixed use, rental properties, and multi-family homes, town homes or condos erected on the property, to which New and Modern Group LLC will be the designated real estate brokerage for the listing and sale/rental of all said property(s) at the previously agreed to listing commission of two percent (2%), three percent (3%) for dual agent representation; and fifty percent (50%) of the unit’s monthly rental fee for all rental units. For the future listings, you agree to give New and Modern Group LLC a minimum term of twelve (12) months from the active and publicly available listing date to obtain an offer. For multi-unit rentals, apartments and developments, you agree to give New and Modern Group LLC first right of refusal for the exclusive listing of all units of the development, for a minimum term of 36 months. You further acknowledge that any accompanying Purchase or Sales contracts sourced as part of this agreement cannot be assigned to any other buyer or entity without explicit prior written approval and consent from Brent Blythe (Broker of Record for New and Modern Group), in advance of such agreement. In the event that circumstances beyond all parties control result in the future listings needing to be reassigned to another brokerage or real estate entity, upon written approval from Brent Blythe - Broker for New and Modern Group, New and Modern Group LLC will be compensated in full up-front and at the time of assignment for their involvement at a rate of 1.89% of the agreed to future resale price of all units or structures to be erected.

Non Disclosure and Circumvention

N&M Is a homeowner-friendly company. Accordingly, Member will not communicate with any owner of an Off-Market Opportunity except through N&M Platform at any time prior to Closing. Member also will not make any Offer or accept any Counter-Offer for the purchase of an Off-Market Opportunity except through New and Modern affiliated agents. All aspects of this agreement, including but not limited to the property address(s) named herein, and prior disclosures about the proprietary tools, systems or processes used by New and Modern Group LLC for procuring properties, will be held in confidence by the named parties of this agreement, regardless of the successful completion of a future contract of sale or execution of this agreement.

Privacy

Any information that we may collect from you during your use of the Services is subject to our Privacy Policy. We encourage you to read and understand our Privacy Policy and collection of personal information below.

Registration

If you decide to become a registered user of the Services, you will be asked to give us some information about yourself. If you are not registered with us, please register and become eligible for our enhanced membership benefits which include access to off market properties, their addresses and any other supporting material. During the registration process, you agree to give us true, accurate and complete information about yourself, and to promptly update this information when it changes. If you do not update it, we may suspend or terminate your use of the Services as explained below.

Account Information and Password Protection

You agree that you will keep your username and password information strictly confidential. You are completely responsible for maintaining the confidentiality of your password and for all activities undertaken with your account and password. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. If you think there has been unauthorized use of your account or password, you agree to immediately notify New and Modern Group and cooperate with us to resolve it. You understand that if you do not follow the terms of this paragraph, we may suspend or terminate your use of the Services as explained below. You understand that we are not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.

How You Can Use the Services

Except where otherwise indicated, you (the registered and approved user) may access, use and consume the Services. You may make a single copy of the individual screens you see when you use the Services, but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Service.

No License Granted

Except for allowing you to use the Services for your personal use as set forth in the paragraph above, when you use the Services you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of New and Modern Group or any of their affiliates. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES, INFORMATION OR ANY OTHER New and Modern Group PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.

Protecting Children

The safety of children is very important to us. The Site is a general audience Website that complies with the Children's Online Privacy Protection Act. When a child under age 13 attempts to register with the Site, we ask that they have a parent or guardian establish an account. This is to ensure that the parent or guardian consents to the collection and use of personally identifying information from that child. If a parent wishes to refuse to permit further collection or use of their child's information, that parent can send an e-mail to us brent@newandmodern.com to request deletion of their child's account.

Disclosure of Your Identity

From time to time we may receive requests to disclose the identities of our users. We only will disclose the identities of ours users or other personally identifiable information in accordance with the terms of our Privacy Policy. See Privacy Policy.

Indemnity

You understand that you are personally responsible for your behavior while on the Services and for all User Content provided via your account, and agree to indemnify and hold New and Modern Group LLC, and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services, your User Content, or your access to the Site, or your violation of either these Terms or the rights of any third party.

Disclaimer of Warranties

YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT New and Modern WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT New and Modern Group LLC NOR ANY AFFILIATE WARRANTS THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF New and Modern Group LLC AFFILIATES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE OR THE SERVICES.

Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEW AND MODERN BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF New and Modern Group OR ANY OF ITS AFFILIATES HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

Access Restrictions; Termination

We can terminate your access to the Site or the Services at any time. We may also remove any User Content that you post without cause and without notice to you.

We can also change these Terms at any time, and your continued use or login to the Services, after any changes will stand as acceptance of these changes. Notice to you may be made by displaying notices or links to notices to you generally on the Services. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.

Equal Housing Opportunity

All real estate advertising on the Site or delivered through the Services is subject to the Fair Housing Act, which makes it illegal to advertise any preference limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention, to make any such preference, limitation or discrimination. Familial status includes children under the age of 18 living with parents or legal custodians; pregnant women; and people securing custody of children under 18.

New and Modern will not knowingly accept any advertising for real estate which is in violation of the law. All visitors to the Site and users of the Services are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development toll-free at 800-669-9777. The toll-free telephone number for the hearing impaired is 800-927-9275.