Legal Disclaimer

THE NEW HOME COMPANY AND ITS AFFILIATES 

 

IMPORTANT LEGAL NOTICES AND TERMS AND CONDITIONS 
Date revised and posted: August 10, 2016

Our website is designed to familiarize you with The New Home Company Inc. and its affiliates (collectively, “us”, “we”, “New Home” or “New Home Company”).

Please read the following important legal disclaimers and notices carefully before using this website:

 Privacy Policy Notices

Purpose of these Notices.

The purpose of these Privacy Policy Notices are to inform you of how New Home protects and uses your non-public personal information. Please read this policy carefully. It provides important information about how we handle your personal information. By visiting this website, or otherwise interacting with us using electronic means, you agree that we may use your non-public personal information as described herein.

Privacy Notice.

The New Home Company Inc. and its homebuilding affiliates, including but not limited to TNHC Realty and Construction Inc., The New Home Company Southern California LLC, The New Home Company Northern California LLC, TNHC Land Company LLC and TNHC Arizona LLC (collectively “New Home Company”) collect certain non-public personal information through your interaction with this website, our online lead management group and our other online marketing efforts.

A. Compliance with the Law.

New Home Company protects your privacy in accordance with the requirements of applicable federal and state laws. These laws and regulations require that New Home Company provides you with a notice of our privacy policies and practices informing you of the types of information that New Home Company collects from you and the persons or entities to whom your non-public personal information may be disclosed. After you are no longer a customer of New Home Company, we will continue to treat the non-public personal information we have about you as if you were still our customer.

B. Non-Public Personal Information.

In the course of your visit to this website, viewing our online advertising and in your electronic correspondence with us whether through social media, e-mail or otherwise, you may share non-public personal information about yourself, such as, by way of example, name, age, marital status, e-mail address, postal address, state of residence, telephone numbers, social security number and your online activities, such as your website preferences, the type of device you are using when visiting this website or otherwise interacting with us. When you visit a sales office you may share similar information with New Home Company either by completing a registration form or through your interaction with a New Home Company sales representative.

If you are visiting the career section of this website, you may also provide additional non-public personal information to New Home on applications or other forms when communicating or transacting with us electronically, such as your driver’s license number, social security number, employment history and date of birth.

All of the non-public personal information New Home Company collects from you is herein referred to as “Non-Public Personal Information”.

C. Use of Non-Public Personal Information.

New Home Company may use your Non-Public Personal Information in connection with certain aspects of our business and in managing our relationship with you.

Prior to your execution of a purchase contract with us, New Home Company may use Non-Public Personal Information to:

  • keep you informed of our products and promotions;

  • enhance your experience with our website;

  • improve our website, marketing, customer service and products;

  • preliminarily determine your eligibility for mortgage financing through use of proprietary software;

  • report visitor information to the master developer of a community you have visited or expressed interest in; and

  • manage your relationship with New Home Company.

 The New Home Company will not share, sell or cross-market any submitted personal information to third party companies for additional email correspondence. 

After you execute a purchase agreement with New Home Company, New Home Company may use your Non-Public Personal Information to:

  • complete your requested home purchase including working with your lender and settlement agent to finalize your loan;

  • keep you informed of our product and services and to provide you community information,

  • permit third parties with whom New Home Company has a business relationship, such as our subcontractors and other service providers, to provide you information on products and services we believe may be of interest to you as a home buyer or home owner;

  • provide and warranty service to you as a home owner;

  • provide you customer satisfaction surveys;

  • share with our subcontractors, service providers and developers of communities (for example, electricians, painters, land developers and telecom providers) in connection with your purchase of a New Home Company home and in response to your warranty or customer service requests and to provide services to you and our other homeowners;

  • provide the master developer and applicable homeowners associations and/or condominium associations and their agents information concerning you and your home purchase; and

  • manage your relationship with New Home Company.

We may use your Non-Public Personal Information in connection with the operation of our business such as, by way of example, in connection with: financing that we seek from third parties, obtaining insurance, a potential public or private offering or any potential sale, joint venture or reorganization of all or a part of our business operations. We share your information, including your Non-Public Personal Information, with third parties for the purpose of helping us gather, store and maintain data as well as performing technology services for us.

If you are visiting the career section of this website, we will use your Non-Public Personal Information in connection with your employment inquiry, any application for employment you submit, obtaining background information about you and managing your relationship with New Home.

D. Links to Other Websites.

Portions of our website may provide links to third party websites, which websites have their own privacy policies. We are not responsible for the privacy practices employed by these third party websites.

E. Cookies.

Cookies are small data files that a website you visit may save on your computer, tablet or mobile device that usually includes an anonymous unique identifier. Our website, websites to which you might be linked through this website, and third party technology used on this website may use cookies for user authentication, keeping track of your preferences, promotional campaigns, and tracking other statistical information, such as time spent on a particular site or webpage and number of pages visited.

F. Do Not Track Signals.

New Home Company does not honor “Do Not Track” signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of information (including your Non-Public Personal Information) relating to your online activities.

G. Confidentiality.

Unless otherwise required by law, New Home Company treats Non-Public Personal information as non-confidential and non-proprietary. Notwithstanding the foregoing, if you have provided us your social security number we treat that information as confidential. If New Home Company is required by law to treat any of the Non-Public Personal Information as confidential, we restrict access to the Non-Public Personal Information to our employees and third parties who have a reasonable need to know that information and we maintain physical, electronic and procedural safeguards that comply with federal standards to guard your Non-Public Personal Information. We do not guarantee that these procedural safeguards will be effective in all circumstances. If you believe the security of any information or data you have shared with us has been compromised, please contact us by emailing  privacy@nwhm.com.

We may disclose Non-Public Personal Information about you as permitted by law for such purposes as protecting against fraud, resolving consumer disputes or inquiries, reporting to consumer reporting agencies, judicial process, or subpoena.

H. Third Party Marketing Election.

We may be approached by third party companies that have a product, service or other marketing information that we believe may be of interest to you as a home buyer or home owner. Prior to your execution of a purchase contract with New Home Company, we do not share your Non-Public Personal Information with third parties so that they may market products and services to you. After you execute a purchase contract with us, we may share certain Non-Public Personal Information such as your name, address, telephone number, postal address and e-mail address with these companies in an effort to help you find these resources. These companies may include one or more telecommunications companies, gas companies, and electric utility providers who serve the community, and subcontractors who have worked on your home so that they may provide you information on extended service or warranty plans, or monitoring or maintenance services they may offer.  

K. Children.

Our website contains general information and is not directed toward children. We do not knowingly collect information from children under the age of 13.

L. California Privacy Rights and Privacy Policy Questions/Concerns

New Home Company provides all of its customers a cost free method to opt-out of information sharing. If a customer opts-out, New Home Company will not share the customer’s Non-Public Personal Information for marketing purposes. As a result of the foregoing, New Home Company is not obligated to provide customers who have requested such information with a list of the categories of Non-Public Personal Information shared with third parties for direct marketing purposes or the names and addresses of the third parties to whom we have shared such Non-Public Personal Information for direct marketing purposes during the preceding calendar year.

If you have questions or concerns about this Policy, or the accuracy of any Non-Public Personal Information we hold about you, please email us at  privacy@nwhm.com. You may request removal of your Non-Public Personal Information from our system(s) by requesting removal by email at  privacy@nwhm.com. If at any time you feel that the Company has not adhered to this policy, email us at  privacy@nwhm.com.

At any time after you provide us Non-Public Personal Information you may elect to (or change your previous election to) limit our e-mails, correspondence and other marketing to you by clicking Marketing Opt-Out and following the instructions on the link.

M. Chat Rooms or Posting Boards.

From time to time, we might offer chat rooms or posting boards. Keep in mind that if you choose to post information in any chat rooms or on any posting boards, you may be revealing your Non-Public Personal Information to the public. If you do not wish for your Non-Public Personal Information to be disclosed to the public, you should not include any Non-Public Personal Information in your postings, or you should refrain from using chat rooms or posting boards. By using New Home’s chat rooms or posting boards, you acknowledge that New Home has no control over what third parties may do with that information.

N. Effective Date.

The policies set forth in this Notice are effective at the time of publishing set forth above, but are subject to change in order to best meet the needs of New Home Company’s customers and to reflect changes in local, state and federal laws.

   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.

Age-Qualified Communities .

At New Home’s age-qualified communities, pursuant to the Housing for Older Persons Act of 1995 and all other applicable laws (including, but not limited to the Community's specific governance documents), at least one resident of household must be at least 55 years of age or older, and additional restrictions apply. Please see a New Home sales representative for complete details.

 Use of Website and Important Disclaimers; Indemnification

We maintain this website as a service to internet users. Its use is a privilege to the viewer. The use of this website is subject to all applicable laws regarding copyrighted materials and intellectual property, and is subject to the important legal notices and disclaimers listed below. Despite our efforts to ensure that the constantly changing information on this 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 our website and we do not warrant the completeness or accuracy of any such information. Your use of this website acknowledges your acceptance of and agreement with the terms and conditions contained in these legal notices. The terms and conditions contained in the legal notices on this website constitute the entire agreement between you and New Home unless and until superseded by a written agreement signed by both you and New Home.

The information, software, products and services published on this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. New Home may make improvements or changes in this website at any time. Not all of the products or services described on this site are available in all geographic areas. In no event shall New Home be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website, whether based on contract, tort, and strict liability or otherwise, even if New Home has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Unless required by law or subject to warranties actually provided to you by New Home, everything on this website is provided to you “AS IS.” NEW HOME COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY NEW HOME’S WEBSITES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

You agree to indemnify, defend, and hold New Home Company and New Home Company’s shareholders, members, partners, directors, managers, officers, employees, agents, information providers, suppliers, and attorneys 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 and conditions or (ii) use of the website. New Home has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these terms and conditions or the website.

New Home does not have responsibility and shall not be liable for the accuracy or availability of information provided by websites which are linked to this website via hypertext or other computer “links”. Links to external websites are provided merely as a convenience to Users and do not constitute an endorsement by New Home of such websites or the content, products, advertising, or other materials presented on such websites, including any changes or updates thereto.

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

This website and the related links do not constitute an offer to sell real property. Offers to sell property may be made and accepted only at the applicable New Home Company Sales Office. Information contained on this website is intended to be informative only, and does not constitute a representation or warranty with regard to any New Home Company home or community, or any product or service provided by New Home.

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 change, prior sale, selected lot premiums and/or predetermined options. 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. Some or all of the renderings, floor plans and depictions of residences, buildings, facilities or improvements in these materials are illustrative and/or artists’ conceptual drawings and will vary from the actual plans, residences, buildings, facilities and improvements as built. Square footage numbers are approximate and may vary from the actual plans and homes as built. 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 or 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. Any photographs or renderings of people in these materials do not depict a racial or ethnic preference. Promotional programs are typically available only on select lots, at select communities, and may not be available in conjunction with other offers. Information contained on this website may contain products, specifications, services, and prices that are not available in your state or local market. Payment of any Broker fee will be subject to certain conditions including, but not limited to, compliance with the Company’s  Broker Policy   . Please consult a New Home sales representative for specific price or other information for each community.

Site Plan / Community Map Disclaimer

Site plans, community maps, aerial photos, community photos and/or computer generated or enhanced depictions of communities (collectively “Illustrations”) may be posted on this site for illustration purposes only. All site plans, community maps and computer generated or enhanced depictions 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. 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. 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.

State and Federal Regulatory Requirements and Restrictions on Solicitation

This promotional material 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 State law, for any New Home Company 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 this 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 where applicable in accordance with specific state laws, Lot Reservations or Conditional Sales only may be currently offered in certain neighborhoods and certain neighborhoods proposed for future development and may not currently be available for sale at this time. Please consult a sales representative at each respective community of interest for further details. In addition, this website may be accessed by users throughout the United States and internationally. It 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. Void where prohibited or otherwise restricted by law. Not an offer where prior state registration requirements have not been satisfied. Please consult a New Home Company sales representative for further details on lots offered in particular neighborhoods. Further, the information presented on this website is provided for general reference only and is not a representation of the content of the sales contract or other offering documents and governing documents for any community featured on this website.

The entire content included in this website is copyrighted as a collective work under the United States and other copyright laws, and is the property of The New Home Company Inc. The content of this website is provided by New Home as a service to the public and is to be used for personal informational purposes only. Any violation of the foregoing conditions or use will subject the user to the possibility of full prosecution under applicable law. No content from this website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that the user may display and, subject to any expressly stated restrictions or limitations relating to specific content, download or print portions of the content from the different areas of the website solely for the user’s own non-commercial use, or towards making a purchase of a home. The user acknowledges and agrees that all homes about which information is provided herein are subject to prior sale, and that prospective purchasers must visit a New Home Company sales office to purchase a home. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited. The user further agrees not to change or delete any proprietary notices from content downloaded from this website.

 Investor Notice

As a cautionary note to investors, except for historical information contained herein, certain matters discussed in the Investor Relations section of this 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. On the Investor Relations section of this website, New Home includes information, presentations, and press releases which are accurate at the time of distribution. Despite our efforts to ensure that the information contained in the Investor Relations section of this 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 Investor Relations section of this 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

For California Communities/Residents: TNHC Realty and Construction Inc. is a licensed California real estate broker, BRE License # 01870227 and a licensed California contractor, License # 938080. DISCLAIMER: Although certain New Home affiliated communities located outside of California may be viewed by California residents on this website, the CalBRE has not inspected, examined or qualified any offering outside of California that is reflected on this website.

In Arizona, Construction by TNHC Mountain Shadows LLC, ROC #B303855 and Sales by broker: TNHC Realty and Construction Inc. d/b/a The New Home Company.

Conduct

Responsibility . You are solely responsible for all information, images, graphics, data, text, files, links, software, messages, communications, and other materials (the “End User Content”) that you (or someone using your account) publicly or privately publish, post, distribute, display, disseminate, or otherwise transmit via the website. New Home Company does not control or necessarily screen or monitor the End User Content posted on the website and, as such, New Home Company does not guarantee the accuracy, integrity, or quality of such End User Content. New Home Company reserves the right, in New Home Company’s sole and absolute discretion, to edit, delete, or record any End User Content appearing on the website. You understand that entering or using the website 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 website, you agree not to:

(a) Upload, post, email, or otherwise transmit any material that contains “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) Violate any applicable international, federal, state, or local law or regulation;
(c) Use any automated means, including, but not limited to, electronic “spiders,” “robots,” or “crawlers,” to download data from any of New Home Company’s databases;
(d) Sell or otherwise distribute any data obtained from any New Home Company database; and
(e) Incorporate data from any New Home 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 New Home 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 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 the website, (iii) all information (if any) provided by you to New Home Company is correct, (iv) you possess the legal right and ability to enter into these terms and conditions and to use the website in accordance with these terms and conditions, (v) your use of the website shall be in accordance with these terms and conditions, and (vi) your use of the website shall be in accordance with all applicable laws and regulations.

Termination of Access . New Home Company reserves the right to terminate your access at any time (for any reason or for no reason). In particular, and without limitation, New Home Company may terminate your access upon your non-compliance with these terms and conditions or if you violate New Home Company’s rights or the rights of any other party.

 

Miscellaneous

The use of the website shall be governed in all respects by the laws of the State of California without regard to choice of law provisions. 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. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed several from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This website is accessible by users throughout the world. New Home products, services and offers may not be available in your state or community. The information on this website is not an offer of products or services where New Home is not doing business or where prohibited by law. Any cause of action or claim made by a user with respect to this website (including but not limited to the purchase of a home through a New Home Company sales office) must be commenced within one (1) year after the claim or cause of action arises. New Home’s failure to insist upon or enforce strict performance of any provision of the terms and conditions set forth above 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. New Home may assign its rights and duties under these terms and conditions to any party at any time without notice to the User. Files and e-mail can contain “viruses” that can cause damage to a user’s computer and the data stored therein. New Home disclaims any and all liability that may result from viruses acquired by users through the use of this website and any websites that are linked to this one.