Acceptance
Meritage Homes Corporation ("Company") is pleased to provide this website (this "Site") for your convenience. Please carefully read the following terms and conditions of use of the Site (these "Terms of Use"). Company may amend these Terms of Use at any time without specific notice to you. The most recent form of these Terms of Use will be posted at all times on the Site, and you should review these Terms of Use each time upon visiting or using the Site. You agree that each time you enter or use the Site, you actively signify your acceptance to comply with, and agreement to be bound by, these Terms of Use, as modified. In addition, please note that other portions of the Site may contain additional and/or different terms and conditions of use.
The Site and any website links do not constitute an offer to sell or a solicitation of offers to buy real property. Offers to sell real property may only be made and accepted at the sales center for individual communities of Company and Company's affiliates (collectively, the "Company Family").
Privacy
Company's Privacy Policy is hereby incorporated into, and made a part of, these Terms of Use.
Conduct
Responsibility. The Site may contain message boards, personal web pages or profiles, forums and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other person's content or materials on or through the Site. You are solely responsible for all information, images, graphics, data, text, files, links, software, messages, communications, and other materials (collectively, "End User Content") that you (or someone using your account) publicly or privately publish, post, distribute, display, disseminate, or otherwise transmit via the Site. All End User Content must comply with the terms and conditions set out in these Terms of Use. Company does not control or necessarily screen or monitor the End User Content posted on the Site and, as such, Company does not guarantee the accuracy, integrity, or quality of such End User Content. Company reserves the right, in Company's sole and absolute discretion, to edit, delete, or record any End User Content appearing on the Site.
By providing any End User Content on the Site, you grant the Company and the Company Family the perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such End User Content, in all media now known or hereafter, according to your account settings. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, intellectual property, moral rights, and rights of attribution in connection with such End User Content.
Company is not responsible or liable to any third party for the content or accuracy of any End User Content posted by you or any other user of the Site. You understand that entering or using the Site may expose you to End User Content that is offensive, indecent, or objectionable to you.
Prohibited Acts. In connection with your access to, and use of, the Site, you agree not to:
(a) Upload, post, email, or otherwise transmit any material, including, but not limited to "trojan horses," "worms," software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(b) Use any device, software, or routine that interferes with the proper working of the Site.
(c) Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(d) Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
(e) Sell or otherwise distribute any data obtained from any Company database; and
(f) Incorporate data from any Company database into any emails or other "white pages" products or services, whether browser-based, based on proprietary client-side applications, or web-based, without Company's prior, express, and written consent.
User Representations. You represent and warrant that (i) you are at least 18 years of age, (ii) your use of the Site 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 the Site, (iii) all information (if any) provided by you to Company is correct, (iv) you possess the legal right and ability to enter into these Terms of Use and to use the Site in accordance with these Terms of Use, (v) your use of the Site shall be in accordance with these Terms of Use, and (vi) your use of the Site shall be in accordance with all applicable laws and regulations.
Termination of Access
Company reserves the right to terminate your access at any time (for any reason or for no reason). In particular, and without limitation, Company may terminate your access upon your non-compliance with these Terms of Use or if you violate Company's rights or the rights of any other party.
Intellectual Property Rights
Ownership. The Site and all information, images, graphics, data, text, files, links, software, messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, and other matters related to the Site (the "Company Content") are the exclusive property of Company and Company's licensors and are protected under applicable copyright, trademark, and other proprietary rights laws. Except as specifically allowed in these Terms of Use, the copying, redistribution, use, or publication by you of the Company Content is strictly prohibited. You do not acquire any ownership rights to any Company Content through your access to, or use of, the Site.
Limited Right to Use. Company grants you a limited, nonexclusive, non-transferable license to view, print, and download the Company Content solely for your own personal use. You may not reproduce, republish, distribute, assign, sublicense, sell, or prepare derivative works of the Company Content. All rights in and to the Company Content not expressly granted in this paragraph remain in Company and Company's licensors.
Linking to the Site and Social Media Features
You may link to the Site, provided you do so in a way that is fair and legal and does not damage Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Company’s part without Company’s express written consent.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by the Company solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the End User Content standards set out in these Terms of Use. Company is not responsible or liable to you or any third party for the content or accuracy of any information contained on third party sites or social media.
You agree to cooperate with Company in causing any unauthorized framing or linking immediately to stop. Company reserves the right to withdraw linking permission without notice. Company may disable all or any social media features and any links at any time without notice in Company’s discretion.
Indemnification
You agree to indemnify, defend, and hold the Company Family and the Company Family's shareholders, members, partners, directors, managers, officers, employees, agents, information providers, suppliers, and attorneys (collectively, the "Company Affiliated Parties") harmless from any and all liabilities, losses, claims, and expenses, including, but not limited to, reasonable attorney's fees, related to your (i) failure to comply with any of these Terms of Use or (ii) use of the Site. Company has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Site.
Disclaimers
THE INFORMATION AND SERVICES PROVIDED THROUGH THE SITE ARE INTENDED FOR GENERAL REFERENCE AND INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
ALL INFORMATION PROVIDED THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, PRICES, FLOOR PLANS, SQUARE FOOTAGES, DESIGNS, AND MATERIALS) IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND REPRESENTS NO COMMITMENT ON COMPANY'S PART IN THE FUTURE TO CHANGE SUCH INFORMATION OR TO PROVIDE THE SITE.
ALTHOUGH THE COMPANY CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT-OF-DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS, OR APPROPRIATENESS OF ANY INFORMATION OR SERVICE PROVIDED BY THE COMPANY OR WITH RESPECT TO ANY HOME OR COMMUNITY.
COMPANY IS NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE SITE OR OTHERWISE USE OR RECEIVE INFORMATION FROM OR REGARDING THE SITE.
Limitation of Liability
THE COMPANY FAMILY SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE RELATED TO THE SITE. THE COMPANY FAMILY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links
The Site may contain links to other websites, including, but not limited to, investor relations sites, job applicant information gathering, assessment, and testing sites, and preferred lender sites. These Terms of Use (and related Privacy Policy) do not apply to these third-party sites. Company is not responsible for the content, accuracy, or opinions expressed in such websites, and Company does not investigate, monitor, or check such websites for accuracy or completeness. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Company. If you decide to leave the Site and access these third-party sites, you do so at your own risk. You may only make available links on other websites to the Site if such links connect directly to Company's home page located at MeritageHomes.com. You may deep-link (or link to other pages within the Site) only with Company's prior, express, and written consent.
Forward-Looking Statements
Certain statements and information contained in the Site and in the Company Family's press releases, filings with the Securities and Exchange Commission (the "SEC"), and other reports are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements that are not historical in nature are forward-looking statements based on various factors and assumptions which involve significant known and unknown risks and uncertainties. These factors identified from time to time in documents filed by the Company with the SEC may cause actual results to differ materially from the expectations expressed in such statements and information. The Company makes no commitment, and disclaims any duty, to update any forward-looking statements to reflect future events or changes in these expectations.
Miscellaneous
You acknowledge that transmission to and from the Company Site are not confidential and your Communications may be read or intercepted by others, You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to this Agreement.
These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of ARIZONA, without regard to Arizona’s conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Company encourages and supports affirmative advertising and marketing programs in which there are no barriers to obtaining housing due to race, color, religion, gender, handicap, familial status, or national origin.
Any cause of action by you with respect to the Site (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of, or in connection with, these Terms of Use shall be brought solely in a federal or state court of competent jurisdiction located in Maricopa County, Arizona. The provisions of these Terms of Use are severable, and in the event any provision of these Terms of Use is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Company's waiver of a breach of any provision of these Terms of Use by you shall not operate or be construed as a waiver by Company of any subsequent breach by you.
If you are aware of any violations of these Terms of Use or if you have any questions or comments regarding these Terms of Use, please contact us at contact.center@meritagehomes.com.
Any Company marks contained on the Site are registered trademarks of Meritage Homes Corporation. All other trademarks used on the Site are the property of their respective owners.
Copyright © 2022 Meritage Homes Corporation. All rights reserved.