Legal
Terms of Use
What we are, where the numbers come from, what they mean, and the rules for using this site. We have tried to write it so it can actually be read.
Effective Privacy Policy
How this document is organised. Part A applies to everyone who reads this site. It describes what we are, where our information comes from, what our figures do and do not mean, and what we ask of you. It is not a contract, and we do not claim you agreed to anything by reading a page.
Part B contains contract terms — a limit on our liability, an indemnity, where disputes are heard. Those apply only to people who have affirmatively accepted them, and at present this site has no account, no sign-up, and no place to accept anything, so for nearly every reader Part B currently applies to nothing. We would rather say that than pretend otherwise.
Part A · Applies to everyone
What this site is, and is not
dwellmark.house is an independent information service. It tracks quick move-in new-construction homes that homebuilders advertise publicly on their own websites in the Phoenix metropolitan area, and it records how those advertised prices, incentives and availability change over time. It is operated by [OPERATOR LEGAL NAME] (“we”, “us”).
To be explicit about what we are not:
- We are not a real estate broker or salesperson, and we are not licensed by the Arizona Department of Real Estate. We do not list, market, show, sell or negotiate for any property.
- We are not a multiple listing service and not an MLS participant. Our information does not come from an MLS.
- We are not a homebuilder, not a lender, not a title or escrow company, and not an appraiser.
- We are not affiliated with, sponsored by or endorsed by any builder named on this site, and no builder reviews or approves what appears here.
- We are not paid by any builder, seller, agent, lender or other party for anything shown on this site. No placement, ordering, badge or ranking on this site has ever been paid for. If that ever changes, we will say so on this page and label the paid material as advertising, on the day it changes.
- We do not represent you. We are not your agent, we owe you no fiduciary duty, and nothing here creates an agency or brokerage relationship.
Nothing on this site is real estate, legal, tax, financial or investment advice, an appraisal, a valuation, an offer to sell, or a solicitation of an offer to buy. The builder is the only party that can tell you what a home actually costs and whether it is actually available, and a signed purchase contract is the only document that binds anyone.
Where the information comes from
Everything about a home on this site began as information a builder published on its own public website. We read those pages automatically, on a schedule — currently twice a day — and record what we saw and when we saw it. We do not receive a data feed from anyone, and no builder sends us anything.
That method has consequences you should assume are always in play:
- Anything here can be out of date. A price we show may have changed hours ago. A home shown as available may be under contract, sold, or withdrawn.
- Anything here can be wrong. Builder pages change layout, list plan prices in one place and home prices in another, run tests, and publish mistakes. Our software can misread any of it.
- Anything here can be incomplete. We do not cover every builder in the Phoenix metro, and we do not claim to. Some builders publish no per-home inventory at all; some we cannot read; some we have chosen not to read. A home’s absence from this site means nothing about the home.
- There are gaps. When a collection attempt fails, that day simply has no observation in it. A flat line in a price history may mean the price did not move, or may mean we could not look.
Verify every price, incentive, fee, availability date and contract term directly with the builder before you rely on it for anything, and certainly before you write an offer.
What our figures mean
The numbers this site is built around are our measurements of what we observed, not statements by any builder. Each has a specific meaning, and each has a specific way of being misleading if you assume it means something else.
“Days tracked”
The number of days since we first saw this home, not days on market. If a builder advertised a home for eight months before we began following it, we will say a much smaller number. It is a fact about our records. It is not a measure of how long a home has gone unsold, and it should not be used as one in a negotiation.
“Price change”, “price cut”, and the price history
These describe the difference between two of our observations. That means they can miss a change that happened and reversed between two looks; can compress several changes into one; can reflect a builder’s own website error or test rather than a real decision; and can show a change that is really a comparison between two different things — a base plan price against an as-built price, or a different home at the same address. Where a price history begins is where we started watching, not the original list price.
Incentives and their terms
Incentive figures are reproduced as the builder advertised them. They are nearly always conditional — commonly on using the builder’s affiliated lender, on a closing deadline, on specific homes, or on terms not stated in the headline. They change and expire constantly. The builder’s own terms govern; ours are a pointer to them.
Verification labels
Where this site labels an incentive as publicly stated or verified, that label describes what we found on a builder’s public page — that the offer was published there with terms attached — and nothing more. It does not mean we contacted the builder, that the offer was confirmed by anyone, that it is still available, or that you will qualify for it. We have not independently verified any offer with any builder.
None of these figures is an appraisal, a valuation, a market analysis, or advice about what to offer.
Using this site
You are welcome to read this site, search it, and use what you find to inform your own house hunt, including commercially — if you are an agent or a buyer’s representative using it to serve a client, that is a use we intend to support. We ask only that you not do the following:
- Present our observations as a builder’s statement, as an MLS record, or as verified fact about a property.
- Use the site in a way that damages or overloads it, or that interferes with anyone else’s use of it.
- Use it to do anything unlawful, including anything that discriminates in housing (see fair housing, below).
- Attempt to gain access to any part of the site, or any account or system, that is not open to you — including the operations portal.
We may change, suspend or discontinue any part of the site at any time, and we may stop covering any builder at any time, without notice. This is a free service, and we do not promise it will keep existing.
Automated access
We collect from other people’s websites, so we will be plain about the rules for collecting from ours rather than pretending to a standard we do not keep.
You may:
- Crawl this site with a search engine or archiver that identifies itself and respects our
robots.txt. - Read, quote and cite individual pages and figures, with attribution and a link, for journalism, research or commentary.
- Ask us for bulk or research access. Write to legal@dwellmark.house and tell us what you want and why. We would rather give it to you than have you take it awkwardly.
Please do not:
- Send automated requests at a rate that burdens the site, or in a way designed to avoid a rate limit.
- Access the site other than through the interfaces we publish, or use an internal endpoint outside its published purpose.
- Evade, disable or interfere with any rate limit, access control or other technical measure we put in place.
- Do anything that impairs or degrades the site’s infrastructure.
These are restrictions on how the site is accessed, not a claim to own the facts on it. We do not claim that a price, an address or a square footage is our property, and we do not ask anyone to pretend otherwise — see what we claim in our own work.
Builder names, photographs and text
Builder names, community names, logos and trademarks belong to their owners. We use them only to identify whose homes and whose offers we are describing — which is the only way to describe them at all. Their use here does not indicate any affiliation, sponsorship, endorsement or approval.
Photographs of homes belong to the builder or its photographer. We do not copy, store or host builder photographs: where a photograph appears, your browser is loading it directly from the builder’s own servers, and we display a builder’s photography only where that builder’s use has been approved in our system.
Where we reproduce a builder’s own wording — most often the terms and disclaimers attached to an incentive — we reproduce it as the builder published it and attribute it to them, so that you read their terms rather than our paraphrase of their terms. That text is theirs, not ours, and we do not adopt it.
If you are a builder or a rights holder
Write to corrections@dwellmark.house. We will acknowledge within two business days and act within ten. You can ask us to:
- Correct something that is wrong about your homes;
- Stop displaying your photography, or specific text;
- Raise a trademark concern; or
- Stop collecting from your website altogether — we will honour that.
Copyright complaints may also be sent to legal@dwellmark.house with the material identified, your contact details, and a statement that you hold the rights or act for the person who does.
What we claim in our own work
We want to be precise about this, because overclaiming would be easy and wrong.
We do not claim to own facts. A price, an address, a square footage, a lot number, a completion date — these are facts about the world. Facts are not ours, no matter how much work it took to gather them, and we assert no proprietary right in any individual data point on this site.
We do claim our own expression and our own compilation: which builders and submarkets we chose to follow, how the collection is selected and arranged, the analytical fields we compute, our written text, our charts, our design and our code. Those are ours, and the time series we have built by observing over months is the thing this product actually is.
We separately ask, as a matter of the access rules above rather than of ownership, that you not extract the dataset in bulk without asking us first.
How we collect from builder sites
A site whose whole premise is other people’s public data owes an account of how it takes it. This is ours, stated as what we actually do.
- Public pages only. We fetch pages and data endpoints that a builder’s own website serves to ordinary visitors without logging in.
- We do not break in. We do not bypass or attempt to bypass any login, paywall, CAPTCHA or web application firewall. Where a builder’s site is protected by a managed firewall that blocks automated clients, we do not attempt to defeat it — we leave that builder out, or a person looks at the page in an ordinary browser.
- We stop when told no. A response of 401, 403 or 404 ends the request. We do not retry it, we do not rotate addresses, and we do not try another route in.
- We go slowly. Requests to any one site are spaced out, capped in size, and backed off further when a site signals it is under load. We run twice a day, not continuously.
- We read robots.txt. Before writing a collector for a builder we read that builder’s
robots.txtand build the collector to stay inside it, including any crawl delay it sets. To be accurate about the limits of that: this review happens when a collector is written or revised, and is recorded in the collector itself — the software does not currently re-read robots.txt on every run. If you have changed yours, tell us and we will act on it immediately rather than waiting to notice. - We do not copy whole pages. We keep the specific fields we describe — price, status, specifications, incentive terms — not archives of builder web pages.
Any builder can ask us to stop, in one email to corrections@dwellmark.house, with no explanation owed and no argument from us.
Fair housing
All housing described on this site is subject to the federal Fair Housing Act and to Arizona’s fair housing law. It is illegal to advertise any preference, limitation or discrimination based on race, colour, religion, sex, handicap or disability, familial status, or national origin — or any intention to make such a preference, limitation or discrimination. We also will not knowingly publish material that discriminates on the basis of sexual orientation or gender identity or expression.
All dwellings described here are advertised as available on an equal opportunity basis.
Where descriptive text about a home or community came from a builder, it is the builder’s statement, reproduced as published and attributed to them. We do not adopt or endorse it. We will not knowingly publish builder material that violates fair housing law, and we will remove it when we learn of it.
If you see anything on this site that looks discriminatory, tell us at legal@dwellmark.house. We will review it promptly. This is a request we take seriously and act on, not a formality.
No warranties
THIS SITE AND EVERYTHING ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT ANY PRICE, INCENTIVE, AVAILABILITY, SPECIFICATION, DATE, FIGURE OR OTHER INFORMATION ON THIS SITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK OF RELYING ON ANYTHING HERE IS YOURS. NO STATEMENT WE MAKE, WRITTEN OR ORAL, CREATES ANY WARRANTY.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this may not apply to you.
Part B · Applies only if you accept it
The sections below are contract terms. They apply to you only if you have affirmatively accepted them — by clicking a button that said, next to it, that clicking it meant you agreed to these Terms.
This site does not currently have such a button anywhere. It has no accounts, no sign-up and no checkout. So unless and until that changes, Part B binds essentially nobody, and we are not going to argue in some future dispute that reading a web page was a signature. If we add alerts or accounts, we will add a real acceptance step and this paragraph will change.
When these become an agreement
You accept the terms in Part B when you take an action on this site that is presented together with a clear statement that taking it means you agree to these Terms — for example a signup for alerts, if and when that exists. Your acceptance applies from that moment forward. It does not reach back over your earlier reading of the site.
If you have not done that, Part B does not apply to you, and nothing in it limits any right you have. Part A still describes the site accurately, and the disclaimers in it still describe what we are and are not telling you.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST OPPORTUNITY, OR LOST OR OVERPAID VALUE ON A PROPERTY, ARISING OUT OF OR RELATING TO THIS SITE — EVEN IF WE HAVE BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THIS SITE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
What this does not cover. Nothing in these Terms limits or excludes our liability for fraud, intentional misrepresentation, wilful misconduct, gross negligence, or anything else that cannot be limited or excluded under applicable law. We are not asking you to release us from those, and a clause that tried to would not be enforceable anyway.
Your indemnity
If you use this site in a way that breaks these Terms or breaks the law, and someone brings a claim against us because of it, you will defend us and cover the resulting costs, damages and reasonable legal fees. This does not apply to claims arising from our own conduct, and we will tell you promptly about any claim and let you control the defence of it.
Notice first, then disputes
Tell us first. Before filing anything, send a written description of the problem and what you want to legal@dwellmark.house. We have 30 days to try to sort it out with you, and any deadline for bringing a claim pauses during that time. Most things worth fixing get fixed in this step.
There is no arbitration clause in these Terms. We considered one and decided against it. If we cannot resolve something, you keep your right to go to court.
Where. These Terms are governed by the law of the State of Arizona, without regard to its conflict-of-laws rules, and any dispute will be brought in the state or federal courts in Maricopa County, Arizona. Either of us may still bring an individual claim in a small claims or justice court.
If you live outside Arizona: nothing here takes away the protection of any consumer-protection law of your home state that cannot be waived by agreement.
Changes to these terms
We may update these Terms. When we do, we will change the effective date at the top and keep the previous version available on request.
A material change to Part B takes effect no sooner than 30 days after we publish it, and it applies to you only after you next affirmatively accept the Terms — presented in a way that tells you they changed. If you have given us an email address, we will email you. We will not treat your continued reading of the site as acceptance of a change; nobody has a duty to re-read a legal page to find out what happened to their rights.
Whichever version was in effect when the events in a dispute happened is the version that governs that dispute.
General
If any provision is held unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force. If we do not enforce something immediately, we have not waived it. Headings are for convenience. There are no third-party beneficiaries. You may not assign these Terms; we may assign them to a successor to the site. Sections 6, 7, 10 and 12–14 survive any end of your use of the site. Together with the Privacy Policy, these Terms are the entire agreement between us about the site.
How to reach us
A person reads all of these.
| Something here is wrong about your homes | corrections@dwellmark.house |
|---|---|
| Stop collecting from our website | corrections@dwellmark.house |
| Copyright, trademark, fair housing, legal notices | legal@dwellmark.house |
| Privacy questions and requests | privacy@dwellmark.house |
[OPERATOR LEGAL NAME]
[MAILING ADDRESS] · Arizona