Modern Day Realty

9993 IH-10 West Ste. 101
San Antonio, Tx 78230
Phone: 210- 725-8664
Fax: 210-696-0088

Modern Day Realty (hereinafter deemed as "MDR") services offered to you, the "User," conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement. Your use of MDR's services constitutes your agreement to all such terms, conditions, and notices.

SECURITY

Although MDR has taken reasonable measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, MDR cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

SERVICES

All of the information you have provided in your registration form, is true and complete. You authorize MDR to forward your information to the homebuilders for whom you registered and to our real estate professionals. You understand that MDR, the homebuilders for whom you registered, and our real estate professionals, may keep the information you entered on the form, whether or not you complete a real estate transaction through MDR. You further understand and agree that by registering on the MDR web site or making a request on the MDR web site, you have established a business relationship with MDR, and therefore you are allowing MDR, the homebuilders for whom you registered, and our real estate professionals, to contact you or using methods including but not limited to email, mail, and by telephone using the information you have provided during registration, and that you hereby give permission to such communications or telephone calls even if your phone number is on any do not call list.

MDR is a licensed real estate broker. For its services on a completed transaction, MDR receives a real estate brokerage commission from the homebuilder. Use of this web site constitutes your agreement with this compensation arrangement.

Rebates are only available to customers who use MDR to buy their new home. Customers must have been connected with the homebuilder through MDR to be eligible for rebates. You must present your registration card to the builder on your first visit to the builder to be eligible for the rebate. If the card is not available for a particular builder, then you must be registered by MDR prior to your first visit or contacting the builder, and the builder must pay MDR a commission in order for you to receive a rebate.

Rebates may be given as either a credit at closing or as a reduction of closing costs (if builder or lender allows). Rebates can also be given as a cash rebate. The 1%, 1.25%, or 1.5% rebate amount is based on MDR's receipt of at least a 3% commission. If MDR's commission is less than 3%, the amount of the rebate will be reduced proportionately. Any bonus to the agent in the form of cash or more than 3% will not be part of the rebate. In addition, some builders require we accompany you to the closing of the transaction.

Rebates 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 rebate in connection with your loan. Rebates may be available on modified terms, or may be prohibited, in certain jurisdictions.

REBATE

MDR's registration card must be presented on your first visit to the builder's sales office in order for you to receive a rebate from MDR. The registration card demonstrates to the builder that you learned about their homes from MDR and are therefore able to receive a rebate from MDR. The rebate is not valid if you are accompanied by a third party real estate agent during registration or contracting, or if you were previously registered with a third party real estate agent at the community .

The builder representative must acknowledge the registration card. Rebates are 1%, 1.25%, or 1.5% of the base price of your home and will be paid after closing. The base price does not include options, upgrades or lot premiums. Sometimes builders will pay on total price so therefore rebate will reflect total price.

DISCLAIMERS AND LIMITATIONS

MDR intends that the information contained in its web site be accurate and reliable; but sometimes errors can occur. Additionally, changes and improvements to the information provided herein may be made by MDR at any time. The web site and the information, software, products and services associated with it are provided "as is." MDR, its suppliers, participating builders, or real estate professionals disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the web site and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Use of MDR's services is at your own risk. MDR, its suppliers, participating builders, or real estate professionals are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of MDR's services or with the delay or inability to use the web site, or for any information, software, products and services obtained through the web site, or otherwise arising out of the use of the web site, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if MDR, its suppliers, participating builders, or real estate professionals had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

INDEMNITY

As a condition of use of this web site, you agree to indemnify MDR and its suppliers, participating builders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of MDR's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

MDR shall not be liable for, and the user hereby waives, any claims user may have against MDR in any way relating to the property identified, listed or described in the MDR web 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 in the MDR web site shall be against the homebuilders. MDR shall not be liable for damage by reason of defects in materials or workmanship or for any other representations, warranties, statements or covenants of the homebuilder, whether express or implied (including, without limitation, any implied warranty of merchantability, habitability or fitness for a particular purpose) with respect to the information contained on the MDR web site, the property listed or referenced thereon, or the construction of the home on such property.

THIRD PARTY WEB SITE LINKS

MDR's web site may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. MDR does not operate or control in any respect any information, software, products or services available on such web sites. MDR's inclusion of a link to a web site does not imply any endorsement of the services or the site, its sponsoring organization, or its contents.

RESOLUTION OF DISPUTES

Any claim or controversy arising out of or relating to the use of this web site, to the goods or services provided by MDR, or to any acts or omissions for which you may contend MDR 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 Arbitration Rules for the Real Estate Industry of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in San Antonio, TX. 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 MDR. In any arbitration, all costs of arbitration to be paid by the non-prevailing party. 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 Antonio, TX. 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. 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 MDR will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights. 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 more simple 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 MDR's 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 MDR, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Antonio, TX. 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.

OTHER TERMS

This Agreement constitutes the entire agreement between you and MDR and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and MDR with respect to the web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Texas. 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. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Modern Day Realty

Sponsoring Broker: Brothers Group, Inc.