TERMS OF USE AND LEGAL DISCLAIMERS

Last Updated:  July 2019

Welcome to https://www.livebedford.com (our “Website”) operated by The New Home Company Inc. and its affiliates (“New Home,” “us” or “we”).  Please review the following terms and conditions and legal disclaimers (“Terms of Use and Legal Disclaimers”) that govern your visit to our Website, and your use of our Website, and the related products and services available on or through our Website (the “Service(s)”).  We maintain our Website as a service to you, and its use is a privilege.  New Home reserves the right, at any time, to modify or update our Website, policies and these Terms of Use and Legal Disclaimers.

Your Consent and Use of Our Website

By providing your contact information, you consent to receive periodic emails, phone calls, text messages and other communications from us. For mobile phones, standard text message and data charges apply. Your consent is not a condition to purchase. Consult our Privacy Policy for additional information, including unsubscribe options.

IMPORTANT LEGAL NOTICE OF PHOTOGRAPHY & FILMING:  By entering any event premises, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes, advertising, inclusion on websites, social media, or any other similar purpose by The New Home Company Inc. and its subsidiaries and any of their affiliates, joint ventures, and representatives (“TNHC”). You release TNHC, its officers, employees and agents from any liability connected with the taking, recording, digitizing, or publication and use of photographs, computer images, video and/or sound recordings. By entering the event premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose. You also waive any right to inspect or approve any photo, video, or audio recording taken by TNHC or the person or entity designated to do so by TNHC. No photo or video will be published if publication of such photo or video would be offensive to people of ordinary sensibilities or is defamatory. You have been fully informed of your consent, waiver of liability, and release before entering TNHC’s property or hosted event. 

Your use of our Website constitutes your acceptance of and agreement to follow and be bound by the Terms of Use and Legal Disclaimers, Privacy Policy, and any further policies or terms that govern your use of our Website and/or Services, which are all incorporated herein by reference (collectively, this “Agreement”).  If you do not agree to these terms and conditions, please do not use OUR Website.

We may from time to time change or modify the terms and conditions that govern your use of our Website, Services and this Agreement.  Your use of our Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may terminate your right to and deny you access to this Website, or remove any material you have posted at our Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever.  Except as otherwise provided herein, however, New Home undertakes no obligation to police, supervise, or monitor materials posted to this Website by you or other third parties.

USER REPRESENTATIONS. You represent and warrant that (i) you are at least 18 years of age, (ii) your use of our Website is legal in, and does not violate any laws or rules of, the jurisdiction(s) in which you reside or from which you use or otherwise access our Website, (iii) all information (if any) provided by you to New Home is correct and complete, (iv) you possess the legal right, authority, and capacity to enter into this Agreement and to use our Website in accordance with the terms and conditions in this Agreement, (v) your use of our Website shall be in accordance with the terms and conditions of this Agreement, and (vi) your use of our Website shall be in accordance with all applicable laws and regulations.

PROHIBITED USES. New Home imposes certain restrictions on your permissible use of our Website.  You are prohibited from violating or attempting to violate any security features of our Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of our Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) using our Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using our Website; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by New Home in providing our Website; (g) selling or otherwise distributing any data obtained from any New Home database; or (h) incorporating data from any New Home database into any emails or other “white pages” products or services, whether browser-based, based on proprietary client-side applications, or web-based, without our prior, express, and written consent.  Any violation of system or network security may subject you to civil and/or criminal liability.  Without limiting the foregoing, you may not use “bots,” “crawlers,” spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of our Website and only for purposes consistent with this Agreement.  You may not circumvent any access or use restrictions, data encryption or content protection related to our Website.  You may not data mine our Website or in any way cause harm to our Website.

Website Contents and Intellectual Property Rights; Copyright © 2009-2019 The New Home Company Inc. All Rights Reserved.

Our Website is provided by New Home as a service to the public and is to be used for personal informational purposes only.  Unless otherwise noted, the design of our Website, our Website as a whole, and all materials that are part of our Website and Services (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by New Home or its subsidiaries and affiliates.  In addition, the following are Service Marks or Registered Services Marks of New Home: The New Home Company (logo), Built with Heart, Life Tastes Better Here. No right, title or interest in any of the information, material, or other Contents of this Website is granted to you under any circumstances, and New Home reserves and retains all intellectual property rights in and to our Website and its Contents. Linking or framing to this Website or any of its Contents is prohibited without the prior written permission of New Home.

Except as expressly noted herein, you may not copy, reproduce, publish, upload, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or our Website, except that you may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content solely for your own non-commercial use or your purchase of a home.  You further agree not to change or delete any proprietary notices from any Content permissibly downloaded from our Website.  Unauthorized use or copying (including electronic copying or downloading) of our Website and Contents without New Home’s express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.  Any violation of the foregoing will subject the user to the possibility of full prosecution under applicable law.

Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.

Disclaimer of Warranties and Limitation of Liabilities

ALL USE OF THIS WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS WEBSITE, IS PROVIDED ON AN “AS IS” BASIS (UNLESS REQUIRED BY LAW OR SUBJECT TO WARRANTIES ACTUALLY PROVIDED TO YOU BY NEW HOME).  NEW HOME EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF OUR WEBSITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEBSITE OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU FROM OUR WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.  YOUR USE OF OUR WEBSITE AND SERVICES AND YOUR DEALINGS WITH OTHER USERS ARE AT YOUR OWN RISK.  WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING OUR WEBSITE.

FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON OUR WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY.  YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THIS WEBSITE.  LIKEWISE, NEW HOME DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THIS WEBSITE, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES.  NEW HOME IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

SOME STATES/JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL NEW HOME OR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, VENDORS, ATTORNEYS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR SERVICES, EVEN IF NEW HOME HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  IF YOU ARE DISSATISFIED WITH OUR WEBSITE OR SERVICES, OR ANY MATERIALS ON OUR WEBSITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE AND SERVICES.

WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF NEW HOME FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THIS WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THIS WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO NEW HOME FOR USE OF THIS WEBSITE, PRODUCTS OR SERVICES.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Release and Indemnification

IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF OUR WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE NEW HOME AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, VENDORS, ATTORNEYS AND AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF OUR WEBSITE AND/OR SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE OUR WEBSITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO OUR WEBSITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE.  NEW HOME HAS NO DUTY TO REIMBURSE, DEFEND, INDEMNIFY, OR HOLD YOU HARMLESS RESULTING FROM, RELATING TO, OR ARISING OUT OF, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.  THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

Notice, Choice of Law, Arbitration, and Venue

New Home may deliver notice to you by means of electronic mail, a general notice on our Website or written communication delivered by first class U.S. mail to your address on record, if applicable, with New Home.

This Agreement and any claim or controversy relating to or arising from the use of our Website or Services, including, but not limited to, any transactions made or entered into at our Website, any information, content, products, services or promotions herein contained or provided from our Website, or any functionality, software or programming contained or provided at or from our Website (hereafter, “Claims”), shall be governed by the laws of the State of California without regard to choice of law provisions and, as applicable, the laws of the United States of America.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM, INCLUDING, BUT NOT LIMITED TO, THE PURCHASE OF A HOME THROUGH A NEW HOME SALES OFFICE, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES.

You agree to arbitrate any and all Claims, including all statutory Claims, and any state or federal Claims.  BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California.  For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com.  All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.  The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims.  NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  The decision of the arbitrator shall be final and binding.  No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.  Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of Orange or, where applicable, the federal District Court sitting in the County of Orange, State of California.  Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Orange County, California.  You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

By using our Website and/or Services in any manner, you agree to the above arbitration agreement.  In doing so, you give up your right to go to court to assert or defend any claims between you and us.  You also give up your right to participate in a class action or other class proceeding.

Notice Regarding Specifications, Features, Prices, Terms, Renderings and Other Information

Although every effort has been made to ensure that the prices and terms contained herein are accurate and current, at any time, such prices and terms are subject to prior sale, selected lot premiums, predetermined options and/or otherwise subject to change.  Prices shown generally refer to the base house and do not include any optional features.  Photos and/or drawings of homes may show upgraded elevations, landscaping and optional features, and may not represent the lowest-priced homes in the community.  New Home reserves the right to make changes to its home designs and to build more or fewer homes than currently planned.  Square footage numbers are approximate and may vary from the actual plans and homes as built.  Any statement, verbal or written, regarding "under air" or "finished area" or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty.  Hardscape, landscape, and other items shown may be decorator suggestions that are not included in the purchase price and availability may vary.  The availability of certain options is also subject to construction status and schedule.  New Home cannot control future development or guarantee the preservation of any view of the natural environment surrounding its communities.  Views vary significantly by lot location and may be affected by future development.  The developer reserves the right to make modifications to materials, specifications, plans, dimensions, pricing, various fees, design, scheduling, availability and delivery of residences without prior notice.  New Home does not guarantee that any communities with guard gates will be guarded in perpetuity or that the gate will provide additional security or protection for residents.  Garage or bay sizes may vary from home to home and may not accommodate all vehicles.  Information contained on this Website may contain products, specifications, services, and prices that are not available in your state or local market.  

Images, Content, Specifications, Site Plan / Community Map Disclaimer

All features, content, specifications, services, products and prices described or depicted on this Website are subject to change at any time without notice.  Site plans, renderings, floor plans, depictions of residences, buildings, facilities, improvements, community maps, aerial photos, community photos and/or computer generated or enhanced depictions of communities (collectively “Illustrations”) may be posted on our Website for illustrative purposes only and will vary from the actual plans, residences, buildings, facilities, and buildings as built.  All Illustrations shown are conceptual in nature and are merely an artist’s rendition, and may not accurately represent the actual condition of the item being represented.  While we make all reasonable efforts to accurately display the attributes of the Illustrations, including any applicable colors, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors.  All photos/videos shown depict the community or home as of the date taken.  All Illustrations are solely for illustrative purposes and should never be relied upon.  THE PAST, PRESENT, FUTURE OR PROPOSED ROADS, EASEMENTS, LAND USES, CONDITIONS, PLAT MAPS, LOT SIZES OR LAYOUTS, ZONING, UTILITIES, DRAINAGE, LAND CONDITIONS, OR DEVELOPMENT OF ANY TYPE WHATSOEVER, WHETHER REFLECTED ON THE ILLUSTRATIONS, OR WHETHER INSIDE OR OUTSIDE THE BOUNDARIES OF THE ILLUSTRATIONS, MAY NOT BE SHOWN OR MAY BE INCOMPLETE OR INACCURATE. THE PRESENT, FUTURE OR PROPOSED ROADS, EASEMENTS, LAND USES, CONDITIONS, PLAT MAPS, LOT SIZES OR LAYOUTS, ZONING, DRAINAGE, LAND CONDITIONS, OR DEVELOPMENT OF ANY TYPE MAY OR MAY NOT CHANGE IN THE FUTURE. IT IS NOT UNCOMMON THAT ANY OF THE FOREGOING CAN CHANGE WITHOUT NOTICE TO YOU.  ALL MAPS ARE NOT TO SCALE, AND ARE FOR RELATIVE LOCATION PURPOSES ONLY.  YOU SHOULD NEVER RELY ON THE ACCURACY OF THE FOREGOING OR THE ILLUSTRATIONS IN MAKING ANY DECISIONS RELATIVE TO PURCHASING ANY PROPERTY.  New Home reserves the right to make changes to any of the foregoing at any time, without notice.

Energy Savings. Energy calculations and claims are estimates only and were developed by third parties based on the design of the home and the HERS index, and not specific testing of an individual home.  Savings will vary due to many variables, including but not limited to, actual utility rates and fees, actual construction, floor plan, occupancy, appliance usage, thermostat settings, weather conditions, number of individuals occupying the home and orientation of the home.  We provide no guarantee of savings or efficiency that will be achieved by each homeowner.

Disclaimers regarding Wi-Fi or “smart home” type features. Wireless and “smart home” performance in homes will vary due to design changes, construction changes, placement of furnishings and appliances, usage, and local conditions. Network performance will be affected by network configuration, the number of users, and the type of use. Homeowners are responsible for providing their own Internet connection and determining their own bandwidth needs, which may vary. New Home does not guarantee that networks, equipment, or services will meet all homeowner needs. Homeowners are also responsible for configuring all security features. New Home does not warrant or represent that any network or network device is secure or can prevent all privacy intrusions, malware, or cyber-attacks, even when correctly configured. Certain products or services are provided by third parties, and not New Home. New Home does not guarantee any equipment or services provided by third parties. See your purchase agreement and related disclosures for details.

Not an Offer to Sell Real Property. Our Website and the related links do not constitute an offer to sell real property.  You acknowledge and agree that any offers to sell property may be made and accepted only at the applicable New Home sales office, and any prospective purchasers must visit a New Home sales office to purchase a home.  Information contained on our Website is intended to be informative only, and does not constitute any representation or warranty with regard to any New Home community or home, or any product or service provided by New Home.

Brokers. Payment of any broker fee will be subject to certain conditions including, but not limited to, compliance with our Broker Policy.  Please consult a New Home sales representative for specific price or other information for each community.

State and Federal Regulatory Requirements and Restrictions on Solicitation

The promotional material on our Website is not intended to constitute an offering in violation of the law of any jurisdiction.  Where applicable, obtain the “Property Report” or its equivalent required by federal and/or state law for any New Home community of interest and read it before signing anything.  No federal or state agency has judged the merits or value, if any, of any New Home property referenced on our Website.  No binding offer to sell or lease may be made or accepted prior to the issuance of the final required “Public Report” for the property required by the respective state’s real estate registration requirements.  In certain communities, and in accordance with specific state laws where applicable, only Lot Reservations or Conditional Sales may be presently offered in certain neighborhoods and/or neighborhoods proposed for future development, and such properties may not be available for sale at this time.  Please consult a sales representative at each respective community of interest for further details.

In addition, our Website may contain references or cross-references to subdivisions or housing types within the community that are not currently approved for sale in your state.  These references do not imply that New Home or the respective unaffiliated Master Developer or Neighborhood Builder intends to seek approval to conduct sales activities in your state.  Please consult a New Home sales representative for further details on lots offered in particular neighborhoods.  Further, the information presented on our Website is provided for general reference only and is not a representation of the content of the sales contract or other offering or governing documents for any community featured on our Website.

Offers/Incentives/Promotions. All special offers, incentives and seller contributions (“offers”) are subject to certain terms, conditions and restrictions, which may include the use of designated lenders and closing agents. Certain offers could affect the loan amount. Offers are good for a limited time only and subject to availability, and New Home reserves the right to change or withdraw any offer at any time, without notice. Offers are product and community specific and may not be combined.  Promotional programs are typically available only on select lots, at select communities, and may not be available in conjunction with other offers.  Values on offers are approximate. All offers are void where prohibited or otherwise restricted by law.  Offers are not available where prior state registration requirements have not been satisfied. 

Human Models/Lifestyle Photos or Videos. Any photographs or renderings of people in these materials do not depict a racial or ethnic preference. 

Market Conditions, Schools and Rent vs. Own. New Home makes no guarantee of present or future market conditions. Real estate market conditions involve risks, variables and uncertainties that may cause the real estate values to differ materially from geographic area, timeframes and product types. Market condition statements, including forecasts, projections, and other predictive statements, are no guarantee of the present or future market conditions and market values, based on available information at time of website posting, and should never be relied upon. Market rates are based on market trends, other factors and they involve risks, variables and uncertainties that can cause predictive statements to differ materially. You should consult your own accounting, legal and tax advisors to evaluate the risks, consequences and suitability of any real estate transaction. All school information provided is obtained from third parties.  Please contact your local school district for the most current information about specific schools.

Equal Housing Opportunity

New Home is pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin and all lots and homes advertised by New Home are available on an equal opportunity basis. In addition, New Home is committed to its compliance with the laws and regulations of other jurisdictions that may add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and the like, and as to those New Home Company communities that are age qualified, to qualify for exemption from the familial status portion of the Fair Housing Act and all state age restrictions laws imposed by the state where a particular community is located.

Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials

You may be able to post content on our Website or post content about New Home on third party social media sites which feed such content to our Website or social media sites.  You are solely responsible for all such content, including images, graphics, testimonials, text, links, messages, and other materials (“User Content”). By posting User Content in any manner, you automatically grant and represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such User Content for any purposes (including for marketing and promoting New Home), and to grant and authorize sublicenses of the foregoing.

New Home reserves the right to edit, block or remove any User Content for any or not reason, including if it determines in its sole and absolute discretion to violate any of the following prohibitions.  Without limiting anything herein, you are prohibited from posting any User Content that:

(a)             Is defamatory, obscene, pornographic, abusive, harassing, offensive, profane, or otherwise in violation of any law or right of any third party;

(b)             Is false, inaccurate, misleading, or fraudulent;

(c)             Infringes any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

(d)             Violates any applicable law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(e)             Contains personal identifying information of any person other than you;

(f)              Contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to interrupt, destroy, damage, detrimentally interfere with, limit the functionality of, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing” or “crashing” our Website or any system, or intended to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; and

Termination and Denial of Access

This Agreement is effective unless and until terminated by New Home.  New Home reserves the right to terminate your access at any time (for any reason or for no reason).  In particular, and without limitation, New Home may terminate your access upon your non-compliance with the terms and conditions of this Agreement or if you violate New Home’s rights or the rights of any other party.  In the event of termination or denial of access by New Home, you are no longer authorized to access our Website, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.

Third Party Links

This Website may include links to other Internet sites maintained by third parties (“Linked Sites”). New Home does not have any control nor any responsibility over any Linked Site, and New Home shall not be liable for the accuracy or availability of information provided by or on Linked Sites. Any Linked Sites are provided merely as a convenience to Users and do not constitute an endorsement by New Home of any Linked Site or the content, products, advertising, or other materials presented on any Linked Site, including any changes or updates thereto.  You access Linked Sites at your own risk and by accessing them, you leave this Website.

Modifications to Our Website or Services

New Home reserves the right at any time to modify or discontinue, temporarily or permanently, our Website and/or Services (or any part thereof) with or without notice in our sole discretion.  You agree that New Home shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Website and/or Services.

Investor Notice

As a cautionary note to investors, except for historical information contained herein, certain matters discussed in the “Investors” section of our Website are “forward looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995.  Such matters involve risks and uncertainties, including general economic conditions, fluctuations in interest rates, the impact of competitive products and prices, the supply of raw materials and prices, levels of consumer confidence and other risks detailed in New Home’s SEC reports.  Within the “Investors” section of our Website, New Home includes information, presentations, and press releases that are accurate at the time of distribution.  Despite our efforts to ensure that the information contained in the “Investors” section of our Website is accurate, there may be inadvertent errors or oversights. Therefore, neither New Home nor any other party involved in the creation, production, or delivery of this information can accept any responsibility or liability for any actions taken as a result of the use of this section of our Website.  New Home shall be under no obligation to update any of the material contained in the “Investors” section of our Website.

Equal Opportunity Employer

New Home is an equal opportunity employer.  We consider applicants for all positions without regard to race, color, religion, sex, national origin, age, marital status, disability, or any other legally protected status.

Licensing Information

 

Seller’s Broker Information

General Contractor Information

California

Licensed California Real Estate Broker

TNHC Realty and Construction Inc.
(Responsible broker: Joan Marcus Webb)
License # 01870227

Licensed California Contractor

TNHC Realty and Construction Inc.

License # 938080

DISCLAIMER: Although certain New Home affiliated communities located outside of California may be viewed by California residents on our Website, the California Department of Real Estate has not inspected, examined or qualified any offering outside of California that is reflected on our Website. Public reports for Arizona communities are available on the Arizona Department of Real Estate website.

Miscellaneous

Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between New Home and you or any other person or entity.  Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.  This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between New Home and you with respect to use of our Website and/or Services, unless and until superseded by a written agreement signed by both you and New Home.  New Home may assign its rights and duties under this Agreement to any party at any time without notice to you.  This Agreement is binding on the parties hereto and their successors and assigns.  If any provision in this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severed from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

Complaints or Concerns

If you have any complaints or concerns regarding our Website or Services, please contact us at privacy@NWHM.com.   For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.