National Home Consulting LLC Terms and Conditions of Sale

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APPLICATION OF THE TERMS AND CONDITIONS OF SALES

Welcome to National Home Consulting LLC "NHC". Please read on to learn the rules and restrictions that govern your use of our website, products, and services (the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at: 

Email: service@nationalhomeconsulting.com

Address: 1712 Pioneer Ave., Suite 1587, Cheyenne, WY 82001

Phone. 307-633-3528

Please read these Terms carefully, as they cover important information about Services provided to you.

BY ACCESSING, USING, OR DOWNLOADING FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DON'T AGREE WITH THE TERMS, YOU ARE FREE TO REJECT THEM WHICH MEAN THAT YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. 

BASIS OF SALE

ALL SALES ARE FINAL. OUR SERVICES ARE PERSONAL BETWEEN YOU AND US SO NO REFUNDS ARE OFFERED AFTER NHC COMMENCES WORK FOR YOU. NOTWITHSTANDING THE FOREGOING, ANY SPECIAL REFUND CONSIDERATION THAT MAY BE OFFERED WILL BE AT THE SOLE AND ABSOLUTE DISCRETION OF NHC.

These Terms  and Conditions of Sale( the “Terms”) are a binding contract between you ("You" and "Your")  and NATIONAL HOME CONSULTING LLC (“NHC,” “we”, “us” and “our”). Your use of the Services in any way means that you (on behalf of yourself or the entity that you represent) agree to all of these Terms, and these Terms will remain in effect while you use the Services.  Certain of the terms will continue beyond expiration or termination.

Your use of the Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using any such Services, you agree to also comply with these Additional Terms.  

Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by NHC shall be subject to correction without any liability on the part of the NHC.

Service(s) Price.

The Contract Price of the Services shall be the price listed on the NHC website on the date of acceptance and purchase or such other price as may be agreed in writing by Us and You.

Payment Terms.

Credit Card or Check upfront.

Modification of Terms.

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change or modify the Terms at any time, but if we do, we will place a notice on our site located at nationalhomeconsulting.com,  send you an email, or notify you by some other means.  If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to and accept all of the changes.  

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.  

GENERAL OBJECTIVE OF THE SERVICE(S)

The objective of the feasibility study service(s).

The objective of the site feasibility analysis is primarily to reduce the risk for You the Owner. Also to assist You to facilitate your investment and provide an overview about the planned construction as it relates to the subject property. The study may form the basis of an important investment decision and in order to achieve this goal, the document covers various aspects of construction scope of work from which a preliminary budget is derived.

Subject to the Terms, and conditions of these Terms and the Services Agreement, we will compile and evaluate the technical and economic feasibility of (1) building the desired home or (2) setting your Manufactured (Mobile) Home on your land using public and other resources and services including generative artificial intelligence software "AI" ("Project") and prepare a preliminary feasibility study report ("Report" and, together "Services") described in the relevant PDF on the website ifor Your use in determining whether to proceed with the Project (Purpose).

Service Fee. 

You shall pay Us the appropriate fee for the applicable service described and disclosed on the "Pay Here" page at https://nationalhomeconsulting.com/pay-here as amended.

Delivery of Service.

Subject to available online governmental services, governmental department access, and service provider cooperation and responsiveness, 30-60 days is a reasonable expectation for completion of services from Us.

Confidentiality.

Our “Confidential Information” means (a) any written information, materials and other documents supplied by us related to the Site or NHC Services which we do not generally disclose publicly, (b) the NHC Services, know-how and work papers themselves, excluding any Customer Data;  and (c) any other of our information that we may disclose in writing or orally and is designated as confidential or proprietary at the time of disclosure, or that due to the nature of the information a reasonable person would clearly understand it to be confidential information; and (d) any amendment to the terms and conditions of these Terms between you and us. Confidential Information does not include any information that: (i) was or becomes generally known to the public through no fault or breach of these Terms you; (ii) was rightfully in your possession at the time of disclosure without restriction on use or disclosure; (iii) was independently developed by you without use of our Confidential Information; or (iv) was rightfully obtained by you from a third party not under a duty of confidentiality and without restriction on use or disclosure.

Restricted Use and Nondisclosure. During and for a period of two( 2) years after the term, with respect to Confidential Information a receiving party will: (a) use Confidential Information solely for the purpose for which it is provided; (b) not disclose such Confidential Information to a third party, except on a need-to-know basis to the disclosing party’s affiliates, attorneys, auditors, consultants, and service providers who are under confidentiality obligations at least as restrictive as those contained herein; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that the receiving party would protect its own Confidential Information of a similar nature.  

Required Disclosure. If a receiving party is required by law to disclose the other party’s Confidential Information, the receiving party will give the other party prompt written notice before making the disclosure, unless prohibited from doing so by the legal or administrative process, and assist the other party in obtaining where reasonably available an order protecting the other party’s Confidential Information from public disclosure.

Ownership. Notwithstanding any other provision of these Terms, you acknowledge that, as between you and us, all our Confidential Information you receive from us, including all copies thereof in your possession or control, in any media, is proprietary to and exclusively owned by us. Nothing in these Terms grants you any right, title or interest in or to any of our Confidential Information, except as provided in these Terms. Any incorporation of our Confidential Information into any of your own materials will not render our Confidential Information non-confidential.

Term. 

Subject to any provisions that survive termination or expiration as set forth herein, this Agreement shall remain in force until completion of the Services, after which it shall terminate, unless otherwise extended through a written mutual agreement of the Parties.

Termination - Termination for Cause.

Either Party may terminate this Agreement effective upon written notice to the other Party (the "Defaulting Party"), if the Defaulting Party (a) materially breaches this Agreement in a way that cannot be cured or does not cure the breach within thirty (30) days after receipt of written notice of such breach; or (b) becomes insolvent or subject to bankruptcy proceedings.

Effects of Termination. 

Subject to the survival provision below, when this Agreement terminates, neither Party will have any further rights or obligations hereunder except: Customer will remain liable for all (i) Fees accrued prior to termination, and (ii) Fees for any portion of the Services not covered by (i), which shall include Company's incurred expenses, and any subcontractor fees.

Surviving Provisions. 

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights,  terms regarding disputes between us, and rights to Confidentiality. 

Defective or Deficient Services.

Subject to the Limitation of Liability provisions hereunder, Company's liability under this Agreement, shall be limited to re-performing defective or deficient Services which result from Company's sole negligence or willful misconduct and which are identified to Company in writing within 60 (sixty) days from the completion date of the Services.

Responsibility For Third Parties.

If (1) within the scope of work and appropriate fees received by Company, or (2) within any additional scopes of work and upon receipt of respective additional fees from You for such, NHC shall act as Your agent and employ on Your behalf, the Consultants and any third party specified in this Agreement or as agreed in writing from time to time between You and NHC as being necessary for the execution of the additional Services.

NHC shall, at Your cost, coordinate the activities of the consultants on behalf of You by the issuance of directives, monitoring of progress, and receipt of documents and information and all other tasks required to ensure that, as far as is reasonably possible, each such third party fulfils its obligations under its contract.

Notwithstanding any other provision of these Terms or this Agreement, NHC shall have no liability for the performance of any third parties, including the consultants or for the timeliness or accurate performance of services by them, and You shall indemnify NHC from any and all claims or damages resulting from the use or activities of such third parties, including the consultants.

You hereby agree that NHC shall only be responsible to provide certain management services of the consultants and NHC is herewith relieved from any liability or obligation under any subcontract entered into between You and a consultant. You shall be liable for all actions and defaults of any third-party or consultant.

Mandatory and Exclusive Dispute Resolution.

Negotiation. In the event of any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof (a “Dispute”), the Parties shall first attempt to resolve the Dispute through good faith negotiations. Either Party may initiate negotiations by providing written notice to the other Party, setting forth the subject of the Dispute. The Parties shall meet at a mutually acceptable time and place within fifteen (15) days after the date of such notice and shall attempt to resolve the Dispute.

If the Parties are unable to resolve the Dispute through negotiations within thirty (30) days after the date of the notice initiating negotiations, either Party may submit the Dispute to binding arbitration as follows:

Arbitration. The Dispute shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Cheyenne, Wyoming, by a single arbitrator selected by mutual agreement of the Parties or, if the Parties cannot agree, by the American Arbitration Association. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including specific performance of any obligation created under this Agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. The arbitrator’s award shall be final and binding on the Parties, and judgment may be entered upon such award in any court having jurisdiction thereof.

Costs and Attorneys’ Fees. The prevailing Party in any arbitration or legal proceeding related to this Agreement shall be entitled to recover its reasonable attorneys’ fees, arbitration costs, and other expenses incurred in connection with the proceeding, in addition to any other relief to which it may be entitled.

Continued Performance. Pending final resolution of any Dispute, the Parties shall continue to fulfill their respective obligations under this Agreement, unless this Agreement has been terminated.

This Arbitration Provision shall survive termination or merger of this Agreement. If any portion of this Arbitration Provision is deemed invalid or

unenforceable, it will not invalidate the remaining portion of this Arbitration Provision.

Notices - Communications.

The communications between you and NHC use electronic means, whether you use the website or send us emails, or whether NHC posts notices on the website or communicates with you via email. For contractual purposes, by agreeing to these Terms and using the Services, you (a) consent to conducting business electronically; (b) consent to receiving communications from NHC in an electronic form; and (c) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NHC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. 

Modification of Terms.

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change or modify the Terms at any time, but if we do, we will place a notice on our site located at nationalhomeconsulting.com,  send you an email, or notify you by some other means.  

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to and accept all of the changes.  

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.  

SPECIFIC CAP ON DAMAGES. 

SUBJECT TO APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO NHC SERVICES PROVIDED UNDER THIS SECTION (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO NHC FOR THE NHC SERVICE(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER. 

Warranty Disclaimer. 

NHC and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (NHC and all such parties together, the “NHC Parties”) make no representations or warranties concerning the NHC Services, aside from those specifically made to you by NHC when you use our paid Services, including without limitation regarding any Content contained in or accessed through the NHC Services, and the NHC Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your use of NHC Services. The NHC Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the NHC Services. THE NHC SERVICES AND CONTENT ARE PROVIDED BY NHC (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  

Limitation of Liability. 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE NHC PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO NHC IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.  

Consequential Damages.

Notwithstanding any other provision in the Terms or this Agreement, NHC shall, under no circumstances be liable to You for any consequential, special or any indirect losses or damages. For the purposes hereof, consequential, special or indirect losses or damages shall mean any special, consequential or any indirect losses or damages of whatsoever nature whether within the contemplation of the parties at the time of entering into this Agreement, or not.

Miscellaneous Binding Provisions

a. Waiver. The failure of either Party to enforce any provision of these Terms or any Service Agreement shall not constitute a waiver by that party of that or any other provision of these Terms or any Service Agreement.

b. Force Majeure. No Party shall be liable or responsible to the other Party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in performing any term of these Terms or any Service (except for any obligations of You to make payments to NHC) due to a Force Majeure Event, in each case, provided that the Affected Party provides prompt notice to the other Party and uses diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.

c. Venue and Jurisdiction For Court Proceedings. You and NHC agree that that the proper venue for any disputes (including, but not limited to Claims that the Parties choose not to arbitrate) not subject to arbitration shall be the state courts located in Laramie County, Wyoming, or the federal courts in and for Laramie County, Wyoming. Parties irrevocably and unconditionally consent to the exclusive jurisdiction of such courts and waive any claim or objection to the exclusive jurisdiction of courts, including but not limited to objections based on lack of jurisdiction, improper venue, or forum nonconveniens.

d. Governing Law. These Terms and any Service Areement and any dispute between you and NHC will be governed by laws of the State of Wyoming without regard to conflicts of law except for as otherwise explicitly stated.

e. Counterparts. All hard-copy or electronic contracts with NHC may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 

f. Severability. If any provision of these Terms or any Service Agreement is determined to be illegal, in conflict with any law, void or otherwise unenforceable, and if the provisions of these Terms or any Service Agreement that are essential to each Party’s interests otherwise remain valid and enforceable, then the remaining provisions shall continue to be valid and enforceable and the offending provision shall be given the fullest meaning and effect intended by the Parties as allowed by applicable law.