Legal

Terms and Conditions of Use of this Keusder Homes Website

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

The following terms and conditions (“Terms”) govern your use of this website and the materials accessible on or from this website (collectively, the “Website”). All users (“Users”) of this Website agree that access to and use of this Website is subject to the Terms. Keusder Homes Inc., doing business as “Keusder Homes”, and its subsidiaries and affiliated entities (“Keusder”) provides this Website to you (“You” or “Your”) and each user (“User”) subject to these Terms, other applicable laws, and Keusder Homes’s other policies, including our Privacy Policy,.

You accept these Terms by accessing or using this Website in any manner, even if You do not create an Account at this Website. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, we do not knowingly provide products or services to children under the age of 13. This Website is a general audience site that is not designed nor intended to collect personal information from children. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. If You are using this Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.

Keusder Homes may change these Terms at any time. By continuing to access or use this Website, You accept any changes or revisions to the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE

General Terms and Conditions

The Terms apply to use of this Website by You and all Users. By accessing or using the Website, You and all Users agree to be bound by the Terms. Keusder Homes provides the information, services, text, graphic, links or other material on this Website to You and all Users conditioned on Your acceptance without modification of the Terms. The information offered on this Website is provided with the understanding that neither Keusder Homes nor any of its affiliated entities is engaged in rendering legal or other professional services or advice. The use of the Website is subject to the additional disclaimers, caveats and notices that may appear throughout the Website.

License to Use this Website

Keusder Homes grants You a personal, non-exclusive, non-transferable, limited and revocable license to use this Website subject to the Terms. You may use this Website and information acquired from this Website for Your own personal, non-commercial, lawful purposes. You may not use this Website in a manner that exceeds the rights granted for Your use.

Other than connecting to this Website by http or https request using a web browser, You may not attempt to access Keusder Homes’s servers or this Website by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to Keusder Homes’s servers or this Website. You may not use this Website to compile data for use by any commercial entity.

You agree not to disrupt, modify or interfere with this Website, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of this Website. You further agree not to alter or tamper with any information or materials on or associated with this Website.

Assignments

Keusder Homes may assign this agreement at any time without notice to You/its Users. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

Equal Housing Opportunity

All real estate information provided herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination.” Your state or local jurisdiction may impose additional requirements. Keusder Homes is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. Keusder Homes encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin. All dwellings within the United States advertised by Keusder Homes and its affiliated entities are available on an equal opportunity basis.

Specifications and Virtual Models

Despite Keusder Homes’s efforts to provide accurate information, it is not possible to completely ensure that the ever-changing information affecting its properties is up-to-date. The information contained on this Website may contain inadvertent errors or oversights. All information should be verified at the particular Keusder Homes community from which information is desired and should be confirmed at such time that You may wish to enter into a sales contract for the purchase of a home from Keusder Homes.

All virtual models are displayed for illustrative purposes only, and the homes and property actually available to You may differ. Nothing in any virtual display is intended as an agreement, representation, or commitment by Keusder Homes to deliver the home or property exactly as depicted in any such display. The virtual display is a computer rendition of the homes and the size, shape, building materials, colors and other features of the homes may differ from the actual as-built condition of the property. Square footage numbers are approximate and may vary depending on the standard measurement used. In addition, square footage and design may change from the original conceptual design throughout the actual construction process. Keusder Homes reserves the right to make any changes and substitutions to the models, plans, specifications, amenities, features, designs, dimensions, materials, fixtures and other elements of the homes and property and any residential development project of which they are a part. Prices and availability are subject to change without notice.

Any facilities labeled “proposed” or “future development” are in formative stages and there is no guarantee that they will be completed or developed in accordance with any plans or specifications, if at all. Keusder Homes cannot guarantee the continuation of any contiguous or nearby amenities in the area surrounding its communities.

References to home prices that may appear in the Web pages refer to the base house and do not include any optional features. Prices and terms are subject to change, prior sale, selected lot premiums and or predetermined options at any time and without notice. Photos or drawings of homes may show upgraded landscaping and may not represent the lowest-priced homes in the community. Floor plans will vary from the actual plans and homes built. Keusder Homes expressly reserves the right to make changes to its home designs, prices, available options and other features, and to build more or fewer homes than currently planned.

You should therefore consult a sales consultant and refer to the plans and specifications available at the sales center for the individual Keusder Homes community to satisfy yourself on details on any particular lot and any particular home design.

Home Financing

Financing programs described in these materials are available only through certain vendors specified by Keusder Homes. Home buyers are not required to obtain financing from these sources and may obtain financing from any lending institution. Any applications or other information submission pages contained in this Website are neither a full mortgage application nor a promise to provide a loan. For further information, please contact a Keusder Homes Sales Agent for information on the Keusder Homes community.

Informational Purposes Only

The content provided on this Site is intended for informational purposes only and is not intended to be a legally binding offer or solicitation. All homes are subject to prior sale. Prospective purchasers must visit a sales office to purchase a home. Keusder Homes assumes no responsibility or liability for any actions taken as a result of using this Website, or for errors or omissions in content. Keusder Homes has no duty to keep the Website updated. Homes, prices and other information, including availability, is subject to change at any time, and the Website may contain inaccurate, incomplete or out of-date information. You should not assume that the Website information is current. For most current information, please contact a Keusder Homes Sales Agent for information on the specific Keusder Homes community.

Privacy Policy

Keusder Homes maintains a Privacy Policy describing its collection, retention, and use of information about users of this Website. This policy can be accessed at http://www.keusderhomes.com/privacy, and is incorporated herein by reference.

Links to Other Websites

You may find links to other Internet sites or resources on this Website that offer content, goods, or services. A link from this Website to a third party website does not imply endorsement of that website nor any ability to control that site’s contents, products or privacy practices. You acknowledge and agree that Keusder Homes has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; the availability or accuracy of any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.

The entire content of information on this Website, including without limitation all images, videos, design, text, images, screen displays, software, photographs, press releases and other information, are copyrighted as a collective work and protected under the United States and other copyright laws, and are owned by Keusder Homes and/or used under license or permission from the copyright owner, and are protected under U.S. and international intellectual property laws.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

You agree not to reproduce, distribute, display or create derivative works of any part of this Website or any information presented to You through this Website, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on this Website, framing content from this Website, or creating any unauthorized derivative work. The information contained in this Website may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Keusder Homes’s prior written consent, except to the extent that such use is authorized under U.S. or other intellectual property laws. Keusder Homes’s logos, images, service marks and trademarks used on the Website are owned property of Keusder Homes and may not be used without prior written consent of authorized Keusder Homes officers.

Keusder Homes uses third party trademarks on this Website to identify the owners of those marks. Use of any third party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and this Website. All third party trademarks and logos are the property of their respective owners.

Submission of Confidential Information and Ideas

From time to time users submit ideas to Keusder Homes, either by email or in the course of a customer service interaction, for improving this Website or Keusder Homes’s communities, homes, and services. Keusder Homes has no obligation to treat this material as confidential information. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to Keusder Homes.

Intellectual Property Claims

If You believe that Your copyright has been infringed in any way by this Website, promptly provide in writing the following information to our Digital Millennium Copyright Act (17 U.S.C. §512) Designated Agent:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Keusder Homes to locate the material;

Information reasonably sufficient to permit Keusder Homes to contact You, such as an address, telephone number and e-mail address;

A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.