Terms of Service
Last updated: August 30, 2025
These Terms of Service (“Terms”) govern your use of websites, forms, and services provided by New Day Homebuyer (“NDHB,” “we,” “us,” “our”). By using our sites or submitting information, you agree to these Terms and to our Privacy Policy.
1) Who We Are / No Professional Advice
NDHB is a marketing and communications platform focused on real estate problem-solving, referrals, and investment opportunities. We are not a licensed brokerage and do not provide legal, tax, or financial advice.
2) Eligibility & Your Responsibilities
You represent that you are at least 18 years old and the owner or authorized user of the contact information you provide. You agree to keep your information accurate and to notify us of changes.
3) Acceptable Use
You agree not to: (a) misuse, copy, or scrape the site; (b) interfere with site security or operations; (c) collect information about others without permission; or (d) use our services for unlawful purposes.
4) User Content & Communications
If you submit information (e.g., forms, emails, SMS, voicemails), you grant NDHB a non-exclusive license to use it to provide services and respond to your inquiry. Do not submit content you lack rights to share.
5) Intellectual Property
All site content, trademarks, logos, and materials are owned by NDHB or its licensors and protected by law. We grant you a limited, revocable license to access the site for personal, lawful use.
6) Third-Party Links & Referrals
Our sites may link to third-party websites or connect you with local professionals. NDHB is not responsible for third-party content or policies. Any third party must obtain their own consent before sending you marketing messages.
7) Disclaimers
Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
8) Limitation of Liability
To the maximum extent permitted by law, NDHB will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, arising out of or related to your use of our sites or services.
9) Indemnification
You agree to defend, indemnify, and hold harmless NDHB from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the site or breach of these Terms.
10) SMS Program Terms (A2P 10DLC)
- Opt-in: You may consent to receive SMS/calls by checking the consent box on our forms or by replying YES to a double-opt-in text.
- Content: Marketing and informational messages about real estate solutions, scheduling, and updates. Message frequency varies.
- Not a condition of purchase: Your consent is not required to obtain services.
- Opt-out: Reply STOP (or END/CANCEL/UNSUBSCRIBE/QUIT) to any message. To opt out by email, write to optout@newdayhomebuyer.com.
- Help: Reply HELP, call 307-263-4918, or email privacy@newdayhomebuyer.com.
- Rates: Message & data rates may apply.
- Availability: Delivery depends on your carrier; NDHB and carriers are not responsible for delayed or undelivered messages.
- Partners: If we introduce you to a local professional, they must obtain their own consent before messaging you.
See our Privacy Policy for data use and consent-logging details.
11) Changes to Services or Terms
We may update or modify these Terms at any time. The “Last updated” date reflects the current version. Continued use of the site after changes constitutes acceptance.
12) Dispute Resolution — Mandatory, Binding Arbitration; Class Action Waiver; Jury Trial Waiver
Summary (for convenience only): Disputes are resolved through mandatory, binding arbitration administered by AAA (typically via remote hearing). You have a 30-day opt-out right. The summary is not a substitute for the full terms below; if there’s any conflict, the detailed terms control.
(a) FAA and Governing Law. This Section 12 is governed by the Federal Arbitration Act (FAA) and, to the extent state law applies, the laws of the State of Wyoming, without regard to conflict-of-law rules.
(b) Mandatory, Binding Arbitration. Except for the matters in 12(e) and 12(f) below, any dispute, claim, or controversy arising out of or relating to these Terms or your use of our sites/services will be resolved by mandatory, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (the “AAA Rules”). The arbitrator’s decision is final and binding with very limited appeal rights under the FAA. The arbitrator—not any court—has exclusive authority to resolve disputes about the scope, enforceability, or formation of this arbitration agreement (including any claim that all or part of this agreement is void or voidable).
(c) Venue & Format (Remote-First). Arbitration may be conducted by telephone/video, based on written submissions, or in person. By default, hearings will be remote (virtual). If an in-person hearing is required, it will occur in the county of your residence (if in the U.S.) or another location mutually agreed by the parties. The seat of arbitration is Wyoming.
(d) Costs. AAA filing and arbitrator fees will be allocated as required by the AAA Consumer Arbitration Rules. Where those Rules require us to pay a greater share, we will do so. Each side otherwise pays its own attorneys’ fees and costs unless the arbitrator awards fees under applicable law.
(e) Small-Claims Court. Either party may bring an individual action in small-claims court in the county of the consumer’s residence (or another court with jurisdiction) instead of arbitration.
(f) Injunctive Relief (Narrow Carve-Out). Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property or prevent unauthorized access/abuse of the site while arbitration is pending.
(g) Class/Representative Actions Waiver. Disputes must be brought on an individual basis and may not be pursued as class actions, private attorney general actions, or other representative proceedings. The arbitrator may not consolidate claims of more than one person.
(h) Jury Trial Waiver. If, for any reason, a dispute proceeds in court rather than arbitration, you and NDHB waive any right to a jury trial.
(i) Opt-Out. You may opt out of this arbitration agreement by emailing optout@newdayhomebuyer.com within 30 days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and your full name and phone number. Opting out will not affect other provisions of these Terms.
13) Contact
New Day Homebuyer (NDHB)
Phone: 307-263-4918
Privacy questions: privacy@newdayhomebuyer.com
Email opt-out: optout@newdayhomebuyer.com
Privacy Policy: https://newdayhomebuyer.com/privacy/