THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE. THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION THAT YOU SHOULD READ.
D.R. Horton, Inc. provides access to this site pursuant to these Terms of Use. Your use of this site, and the applications, products and services provided on, from or through this site (collectively, this "Site") is strictly governed by these Terms of Use. As used herein, the words "user," "you," and "your" mean you and your company. "Us," "we," "our" or "D.R. Horton" refers to D.R. Horton, Inc. and its affiliates.
By accessing or using this Site, you agree to these Terms of Use. Failure to adhere to these Terms of Use shall, among other consequences, result in your loss of access to, and use of, this Site. D.R. Horton reserves the right to pursue all remedies at law or in equity for violation of these Terms of Use.
USE OF THIS SITE.
You may access and use this Site solely for the purpose of obtaining information required by you to perform the services for us that we have contracted with you to perform. We have provided you with access to this Site solely to facilitate your performance of those services for us. You may not permit or instruct any other person or company to use, access, or link to this Site for any purpose whatsoever or by any means whatsoever. You may not provide your user name or password to any other person or company for any purpose whatsoever. You must strictly safeguard your user name and password. Use of your user name or password by any other person or company will result in termination of your access to, and use of, this Site.
You agree that you will not: (i) use any robot, spider, scraper, deep link or similar automated extraction or data gathering mechanism, program, algorithm or tool to access, acquire, copy or monitor this Site or any portion of it without our prior written consent; (ii) attempt to reverse engineer, disassemble, decompile or otherwise attempt to derive the source code for this Site or any related software or technology comprising or associated with this Site; (iii) post or transmit anything that contains viruses, worms, Trojan horses or any other harmful or malicious code; (iv) use or attempt to use any engine, software, tool, agent, or other automated device, script or mechanism (including spiders, robots, scrapers or intelligent agents) to create or register accounts with this Site and/or navigate or search this Site; (v) use this Site for any illegal purposes; (vi) use this Site to transmit anything that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms of Use; (vii) copy, use, disclose or distribute any information obtained from this Site, whether directly or through third parties (such as search engines), without our consent; (viii) alter, modify, transfer, resell or make any commercial use of this Site; or (ix) attempt to gain unauthorized access to any portion of this Site or engage in any behavior that unnecessarily discloses, compromises or misuses a username and password.
OWNERSHIP AND USE OF CONTENT.
This Site and its contents and related intellectual property rights, are owned by D.R. Horton or used under license from others with all rights reserved. The reproduction, re-creation, retransmission, linking or other use of any of this Site or its content, whether text, visual image, audio, video, or computer software, or the posting or framing on other websites or linking to other websites without our express prior written permission is expressly prohibited.
CLAIMS OF COPYRIGHT INFRINGEMENT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe in good faith that materials included on this Site infringe their rights. If you believe that this Site infringes your copyright, you or your agent may send us a notice requesting that we remove or block the material. Notices must meet the requirements of the DMCA. Notices may be sent to us at: D.R. Horton, Inc., Attn: Chief Legal Officer, 1341 Horton Circle, Arlington, TX 76011. There are penalties for false claims under the DMCA.
LIMITATION OF LIABILITY AND DISCLAIMER.
D.R. Horton endeavors to keep the information included on this Site current and up to date. However, some of the information included on this Site may be inaccurate or incomplete, or may contain typographical errors. D.R. Horton does not warrant that the content of this Site is error free or that your access to, or use of, this Site will be uninterrupted. Your use of this Site is at your own risk. You agree that D.R. Horton is not liable for any damages relating to the use of, or reliance upon, the content of this Site including, without limitation, damage to your computer equipment or other property from downloading material from this Site.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE D.R. HORTON, INC., AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, AND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), RELATED DIRECTLY OR INDIRECTLY TO, OR ARISING FROM, YOUR USE OF, OR ACCESS TO, THIS SITE OR YOUR USE OF ANY INFORMATION OR MATERIAL CONTAINED HEREIN. WITHOUT LIMITING THE FOREGOING, THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THESE DISCLAIMERS AND LIMITATIONS MAY NOT AFFECT YOUR CONSUMER RIGHTS OR LIMIT LIABILITY TO THE EXTENT THAT IT CANNOT BE LIMITED BY LAW.
LAW AND JURISDICTION.
These Terms of Use shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Texas, without resort to its choice of law provisions and case law, except to the extent they are superseded or preempted by the laws of the United States or other jurisdictions. If any provision of these Terms of Use is determined to be invalid, unlawful, void or otherwise not enforceable, you agree that the remaining provisions of these Terms of Use will remain in full force and effect. By accessing and using this Site, or using information included on this Site, you submit to the exclusive jurisdiction of the state courts in Tarrant County, Texas, or the United States Federal District Court, Northern District of Texas, to resolve disputes of any kind arising out of your reliance on the information included on this Site, or any interaction with D.R. Horton regarding this Site. Any claim you have with respect to this Site must be brought within two years and one day after the claim arises.
IF THERE IS A CONFLICT BETWEEN THE LAW IN YOUR USUAL PLACE OF RESIDENCE AND THESE TERMS OF USE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW MAY PREVAIL.
SUCCESSORS AND TERMINATION.
These Terms of Use shall be binding upon and inure to the benefit of D.R. Horton and you and its and your respective heirs, representatives, successors and assigns. These Terms of Use shall remain in force and effect until terminated by us. In the event of termination of these Terms of Use, restrictions imposed upon you by these Terms of Use, including all disclaimers, waivers, releases and limitations of liability, shall survive.
CHANGES TO TERMS OF USE AND WAIVER.
D.R. Horton reserves the right to change these Terms of Use from time to time. Your access to or use of this Site indicates your acceptance of the latest version of these Terms of Use.
A waiver of any provision in these Terms of Use shall not be effective unless made in a writing signed by D.R. Horton and shall not prevent any subsequent enforcement of these Terms of Use.
CONTACTING US.
If you have any questions about these Terms of Use, you may contact us at: D.R. Horton, Inc., Attn: Chief Legal Officer, 1341 Horton Circle, Arlington, TX 76011.
EFFECTIVE DATE.
These Terms of Use are effective as of the date of the last update as set below.
July 16, 2018