Terms of Use 

Horizon Deer Creek Development Corporation, a Texas corporation (referred to herein as “we,” “our” or “us”) provides an informational website for owners and prospective buyers (“you”) who wish to gain information about our development known as Sandbrock Ranch (the “Property “) and its operations (collectively, the “Services”).  These Terms of Use (“Terms”) describes our policies and practices while you are using our web site, www.sandbrockranch.com (the “Site”).

By agreeing to use our Site, you understand and agree that this agreement governs any use of the Site by you.

1.  Notice. The Site is owned and operated by us and our contractors.  We have the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the contents of the Site and any services offered by the Site.  You may visit our Site at any time to read these Terms and learn of any revisions made to these Terms.  All such changes are binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.

2.  Intended Use & Disclaimer.

  1. The Site is intended for your benefit to become familiar with the Property and our Services.
  1. You understand that we do not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any descriptions of the Services or any third-party services or products posted on or offered through our Site.
  1. You understand that any statements by us and our employees, agents, affiliates, and members are provided for informational purposes only.
  1. We are pledged to the letter and spirit of the U.S. policy for the achievement of equal housing 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.
  1. Site Content Disclaimers
  1. 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. We reserve the right to make changes to any of the foregoing at any time, without notice.
    1. Actual views may vary. Views cannot be relied upon as being the actual view from any particular home within the community. Any view from a home may in the future be limited or eliminated. We make no guarantees regarding continuing existence of any view from a home. Further, we make no commitment or representation concerning the development within the community, or any property in proximity to or visible from the home.
    1. Scenes may be of locations or activities not on the Property.  All photographs, renderings and other depictions are for the sole purpose of illustration. Models/lifestyle photos do not reflect racial or ethnic preference.
    1. All school information provided is obtained from third parties.  Please contact your local school district for the most current information about specific schools.
    1. All Vendor special offers, incentives and seller contributions (“offers”) shown on the Site 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 can be changed or withdrawn any offer at any time, without notice. Offers are product and community specific and may not be combined.  Values on offers are approximate. Offers are void where prohibited by law and in states where prior registration is required.
    1. Plans and elevations are artist’s renderings only, may not accurately represent the actual condition of a home as constructed, and may contain options which are not standard on all models. Stated dimensions and square footage are estimated and should not be used as representation of the home’s actual size or net useable square footage which may be less than the estimated square footage. 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. Garage or bay sizes may vary from home to home and may not accommodate all vehicles.
    1. Images of homes are solely for illustrative purposes and should not be relied upon. Images may not accurately represent the actual condition of a home as constructed, and may contain options which are not standard on all homes. Images may also include decorative items, design elements and furniture which are not available for purchase even upon additional payment. The specific features, floor plans, square footage, dimensions and design elements in a home may vary from home to home and from one community to another; and are subject to changes or substitution without prior notice.  The prices of lots, homes, included features, and available locations are subject to change without notice.  Please see the actual purchase and sale agreement for additional information, disclosures and disclaimers relating to the lot and its features.

3.  Our Services.

a. In General. We offers information to buyers and prospective buyers regarding Property lots and amenities, approved builders and other service providers, as well as certain events, policies, and financial and operational matters.  The use of the Site by you does not constitute an offer to buy any lot from us.

4. Use of Information and Materials on our Site.

  1. The information contained on our Site is subject to change without notice.
  1. While we make every effort to ensure that the information on our Site is accurate, we makes no representations or warranties as to the accuracy or reliability of any information provided on our Site.
  1. Any unauthorized use of our Site and systems including, but not limited to, unauthorized entry into our system, misuse of passwords, or misuse of any information posted on our Site, is strictly prohibited.
  1. Except as expressly granted herein, the viewing, printing, or downloading of any content, graphic, form, or document from the Site, is prohibited.  We grant you only a limited, nonexclusive license for use of such materials solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
  1. Third Party Links/Services

For the convenience and benefit of our buyers and prospective buyers, we will, from time to time, display information regarding various third-party service providers (collectively, “Vendors”) who provide certain services such as homebuilding, finance, HOA, utility, school, and other services (collectively, “Vendor Services”) which are accessible via links from the Site.  Although some Vendor Services may be “white labeled” with the Property’s name and branding, such Vendor Services are managed exclusively by the Vendors.  To use Vendor Services and access Vendor systems, you may be required to set up an account with Vendor and/or provide various personal and financial information to the Vendor.  Please note that your use of Vendor Services will be subject to each Vendor’s terms and privacy policies – not ours.   These Terms apply solely to our Site and does not apply to Vendor Services and/or any other websites to which we may provide links.  We are not responsible for the content, accuracy, or opinions expressed in such linked Vendors or websites, and the inclusion of such links on our Site does not imply our approval or endorsement of such Vendor websites or services.  Please be aware that we are not responsible for and cannot control the terms of use, privacy policies and conditions of Vendors or other websites.  We encourage you to be aware of when you leave our Site (i.e., whenever you are required to register or login), and to read the Vendor terms of use and privacy policy of each Buyers Service and other website you access and use.

  1. Privacy.
    1. By entering using the Site, you also agree to the privacy standards set by us.  We are committed to protecting the privacy of its online users.   Our Privacy Policy [ insert link ], is incorporated into these Terms by reference.
    1. Information from the Site.  Except as provided in these Terms and our Privacy Policy, we will not disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or other personal information, that we collect via the Site.  We, however, will cooperate with official law enforcement inquiries, such as fraud investigations and subpoenas, and will disclose your information when necessary to comply with state and federal laws and regulations.
    1. Disclaimer.  We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in these Terms.  By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your personal information that they collect from our Site.
  1. Enforcement.
    1. Limitations of Warranties and Remedies.  To the full extent allowed by law, we disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose.  We neither assume nor authorize any other person to assume for it any other liability in connection with the sale and use of the Services provided by Us.  In no event will we be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if we have, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
    1. Indemnification.  You agree to defend, indemnify, and hold harmless us and our owners, officers, agents and employees (the “Property Parties”) against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Property Parties may incur arising out of or resulting from your use of the Site or any of the Services.
    1. Choice of Law and Venue.  These Terms will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction.  By using the Site, you hereby irrevocably submit yourself to the exclusive venue and personal jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute relating to these Terms or its enforcement.  You also hereby waive any challenge to venue and personal jurisdiction you may have to a lawsuit filed in a state or federal court in Dallas County, Texas, relating to a dispute between the parties relating to these Terms or its enforcement.
    1. Severability.  If any provision of these Terms are found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
    1. Additional Provisions Regarding Liability.  You agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional, tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
    1. Notices.  Any notices or communication sent by you to us pursuant to these Terms will be in writing and sent to the address specified herein or such other address as we may specify in writing.

All notices must be sent to:

[insert contact info] _______________

  1. Additional Information.
    1. Trademarks.  We are the owner of the marks, “Sandbrock Ranch,” sandbrockranch.com, and all other Property marks, slogans and logos.  All other marks and logos appearing on the Site are owned by their respective owners.  We are the owner of the Site’s, including the overall look and feel, page headers, design properties, distinctive color combinations, typography, graphic designs, graphical user interfaces, data displays, button icons, and imagery.    All rights are reserved.
    1. Copyrights.  Our Site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, charts, reports, data displays, software, graphical user interfaces, icons, photos, video, and graphics.  The contents of the Site are protected under the United States and foreign country copyright laws, as well as international treaties.  You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site’s content, in whole or in part.  No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without our express written permission and the copyright owner, if applicable.  All rights are reserved.
  1. Suggestions and Idea Submissions.  Unless otherwise agreed to in writing, we do not accept unauthorized idea submissions outside of established business relationships.  To protect the interests of our current partners and ourselves, we must treat the issue of such submissions with great care.  Importantly, without a clear business relationship, we cannot and do not treat any such submissions in confidence.  Accordingly, please do not communicate unauthorized idea submissions with us through the Site.  Any ideas disclosed to us outside of a pre-existing and documented confidential business relationship are not confidential and we may therefore develop, use, and freely disclose or publish similar ideas without compensating you or accounting to you.  We will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them.  However, if, in our sole discretion, we determine that a review is necessary, it will be with the understanding that we assume no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use.  By submitting an idea or other detailed submission to us through the Site, you agree to be bound by the terms of these Terms.
  1. Representations and Warranties.  By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, Property, or us.  You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site.  You also represent and warrant that any information you provide us is true and accurate.

11.   Mobile Access.  Certain portions of the Site or its features may be configured for, and we may offer the Site and/or its features through, mobile devices, mobile websites and/or mobile applications (collectively, “Mobile Media”). These Terms of Use shall apply with equal force and measure to your access and use of the Site through Mobile Media. If you access or use the Site through Mobile Media, then, subject to the Site’s Privacy Policy, you hereby acknowledge and agree that information about your use of the Site through a mobile device (e.g., iPhone, BlackBerry) and/or a mobile device carrier (e.g., Verizon, AT&T) (such as, by way of example only, the identity of the mobile device, and/or the mobile device carrier) may be communicated to us; and that you accept responsibility for all mobile device and mobile device carrier fees, rates and charges that may apply, if any.

12.  Contact Us.  If you have any questions or suggestions regarding these Terms, please contact us at:  [insert email]  

Privacy Policy

Policy Overview

Horizon Deer Creek Development Corporation, a Texas corporation (referred to herein as “We” or “Us”) is committed to protecting the privacy of the users of its website, www.sanbrockranch.com (the “Site”). This statement discloses our privacy practices. The purpose of this statement is to inform You:

  • What kinds of information we collect from users of the Site and how the information is used by Us;
  • Whether we disclose any user information to third parties;
  • How You can access, update, or delete any information provided to Us by You; and
  • The security procedures We use to protect Your personal information.

This Privacy Policy is effective once posted to the Site.  By using the Site, You are agreeing to the Privacy Policy. We reserve the right to change, modify, add, or remove portions of our Privacy Policy at any time. Please check this page periodically for changes. Changes to the Privacy Policy will go in effect upon posting to the Site. We reserve the right to change this Privacy Policy at any time, and you may visit this page to learn of our revised Privacy Policy.  All such changes shall be binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.

If You have any questions about our Privacy Policy, please e-mail Us at: ______________________.

Security

When We collect personal information directly from You, We implement security measures to help protect such information. For example, when You provide Us with information about Your interests in our Services through the Site, We or a third party vendor encrypts the transmission of information over the Internet using secure socket layer (SSL) technology.

However, no method of transmission over the Internet, or method of electronic storage, is perfect or 100% secure. “Perfect” or “100%” security does not exist anywhere. Therefore, We cannot guarantee the absolute security of Your personal information; and Your access and use of the Site, and Your opening of any communications, links, downloads or uploads sent through or as a function of the Site, are done at Your own risk.

To help maintain the security of Your personal information, We ask that You please notify Us immediately of any unauthorized access or use of the Site, its features, or its content.

How We Collect Information From You

Information You Provide. At various times, you may decide to provide us with your personal information. You should know that we receive and may store all personal information (whether written or oral) that you provide to us. This includes personal information provided to us through any means, including, without limitation, through our Site, via e-mail, over the telephone, and through a social media service (for example Facebook, Twitter, Pinterest). You can choose not to provide certain information, but then you might not be able to purchase products or take advantage of many of our promotions, features or Services. In addition, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, and credit card information. You may choose to provide us names or other contact information for a friend to take advantage of a referral, fiancé, or other program or to send them product information or gifts. Subject to restrictions imposed under applicable laws and unless otherwise specified when you provide us the information, the information we collect about you and your friend may be stored and used in the ways described in this Privacy Policy.

Information We Collect Through Cookies and Other Technologies. A cookie is a small file that resides on your computer, mobile phone, or other device, and allows us or our business partners to recognize your device when you return to our Service and record information about your usage of our Services.

We use cookies for five general purposes as follows:

  1. Essential Operational: Cookies are necessary to allow us to operate our Services. For example, they are required to help you access secure areas (such as your account pages) and to use features like our shopping basket.
  2. Performance and Functionality: Cookies help us enhance the performance and functionality of our Services. For example, cookies help us identify you or your device when you come back to our Service so that you do not have to login to see your shopping basket.
  3. Analytics and Customization: We use analytics and customization cookies, including third party cookies, to gather information on how our Services are being used by our visitors and to measure how popular our marketing campaigns are. We use the data we get to help customize our Services for you and make the content you see as relevant as possible. We also use the date we collect to help identify and prevent fraud, and to track visits from our affiliates or partners.
  4. Targeting/advertising: Cookies help us to regulate the advertisements you receive, provide you with tailored offers, and measure their effectiveness.
  5. Social networking cookies: Cookies allow visitors to share our pages and content through third-party social networking websites.

You are always free to decline cookies if your browser permits; although, by declining the use of cookies you may not be able to use certain features on, and significant portions of, our Site. Also, because information we obtain may be combined, we may still be able to identify your web browser, computer or mobile device when you access our Services even if you disable cookies. Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not wish to be tracked. Because there is not yet an accepted standard for how to respond to browser DNT signals, we do not currently respond to them. For more information about the use of cookies and how to block them, visit www.allaboutcookies.orgwww.youronlinechoices.eu (Europe) or www.aboutads.info/choices (United States).

We may use, or permit our business partners to use, other technologies similar to cookies for the same purposes as we use cookies, for example:

Tracking Images: We may use tracking images (such as GIFs), which are small image files that we embed into our e-mail newsletters, to learn whether you opened or forwarded the newsletter or clicked on any of the content. This information tells us about our newsletters’ effectiveness and helps us ensure that we’re delivering information that you find interesting.

Local Storage: We use local storage (such as HTML5 or Flash) for frequency capping purposes and to provide you with relevant advertising.

Web Beacons.  Web beacons are very small, invisible graphics present on web pages or emails that help us track when the page or email has been accessed. Some parts of the Site, emails and other files may use web beacons, also known as clear gif technology or action tags. We may use web beacons to collect, use or store Personal Information about you.

Log Files.  As is true of most websites, we gather certain information automatically and store it in log files.  This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and movements around the site, and to gather demographic information about our user base as a whole.  We do not link this automatically-collected data to personally identifiable information

Location. We may collect information about your location and your mobile device, including a unique identifier for your device, when you download or use our mobile application.

Use of Your Personal Information

We may use the information we collect about you (unless otherwise restricted by law) to:

  • Facilitate your purchases and provide the services you request,
  • Respond to your comments, inquiries and requests,
  • Compare and review your information for errors, omissions and accuracy,
  • Prevent and detect fraud or abuse,
  • Provide and improve our services and product offerings, and develop new ones,
  • Improve marketing and promotional efforts, and overall customer experience,
  • Identify your product and service preferences,
  • Offer you personalized content, including by providing customized content and advertising,
  • Understand our customer demographics, preferences, interests, and behavior,
  • Administer and fulfill our contests and other promotions,
  • Process or respond to your application for current or future career opportunities,
  • Contact you regarding products and services (of us or our partners) that we believe may be of interest to you
  • Comply with applicable legal requirements and our policies and procedures, and
  • Other uses with your consent.

We may combine the information you provide to us over time and we may combine such information with information that is publicly available, collected through cookies and other technologies, and information that we receive from our partners, affiliates and other third parties.

We value your comments, feedback, testimonials, etc., which help us improve our services and products. By making such submissions to us, you assign your rights in the submissions to us as described in the Terms and Conditions.

Information We May Share with Others

We may share your information, including personal information, as follows:

Our entities: We may share your personal information with our affiliated entities when it is reasonably necessary or desirable for us to disclose your personal information for the purposes described above.

Service Providers: We may use third-party service providers to perform certain services on our behalf, including: shipping, payment processing, data storage/management, webhosting, fulfillment, assembly, marketing, mailing, and emailing.

Special Events: If you choose to participate in a special event (for example, a promotion, contest, or sweepstakes), we may share your information with those organizations participating in the applicable event.

Sharing with Other Companies (for their marketing or analytics purposes): We may share your information with other companies or organizations. These companies and organizations may use the information we share to provide, or help other companies provide, offers to you, to market products, services or opportunities to you, and to perform data analytics regarding your use of our Services.  Our business partners may also use cookies on our Site for the same general purposes identified in this Privacy Policy, including to improve their own marketing, products or services. Third parties may use cookies and other technologies to collect information about your online activities over time and across different websites. Companies that we share information with may use the information we provide to them, often in combination with their existing information, to provide you with more relevant advertising. You may opt out of receiving personalized advertisements from advertising companies that are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting http://www.networkadvertising.org/choices and http://www.aboutads.info/choices.

Compliance with Law and Fraud Protection: We may disclose your information: (1) when we believe in good faith that it is necessary to comply with any applicable law, regulation, legal process, or governmental request, such as lawful requests by public authorities, including to meet national security or law enforcement requirements; (2) in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person; (3) to other companies and organizations for fraud protection and risk reduction; and (4) to enforce any agreement we have with you.

Business Transfer: Your information may be disclosed as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership, in which case information would be transferred as one of the business assets of the Company.

Aggregate Information: We may, and we may authorize third parties to, create aggregate records from personal information by excluding information that makes the information identifiable. We may use and disclose, and authorize third parties to use and disclose, aggregate non-personal information at our discretion.

Links & Third-Party Sites

The Site may contain links to other sites. However, please be aware that We are not responsible for and cannot control the privacy policies of such other sites. We encourage You to be aware when You leave the Site, and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by Our Site.

Children under 13

We do not knowingly collect personal information from children under the age of 13. If we learn that we have collected personal information from a child under the age of 13, we will delete that data from our systems. Please visit the FTC’s website at https://www.ftc.gov for tips on protecting children’s privacy online.

Accessing & Updating Your Information

If you have want to review or change certain personal information relating we have for you, please contact us at ______________________.

OPT-OUT

We want to communicate with you only if you want to continue to hear from us.

To opt out of receiving email promotions that we send you: (1) select “unsubscribe” on our subscription status page and enter the requested information or follow the unsubscribe instructions in any of our promotional emails; or (2) email us at ______________________..

To opt out of telephone promotions, you can tell us when we call you or you can send us an email request. To opt out of postal mail promotions, please send us an email request. Opting out of communication with us does not affect our communications with you via telephone or email related to your orders with us or other transactional emails. Where required by law, we obtain your prior opt-in consent at the time of data collection for the processing of (i) personal information for marketing purposes and (ii) personal information deemed sensitive pursuant to applicable law.

Your California Privacy Rights

If you are a California resident and would like a copy of our notice describing what categories of personal information we share with third parties or corporate affiliates for their direct marketing purposes and the names and addresses of the third parties and affiliates that received your information in the past year, please submit a written request to the following address: ______________________.  Please allow up to 30 days for us to process your request. You may submit such a request once per year.

How to Contact Us

Unless otherwise stated, we are a data controller for personal information we collect subject to this Privacy Policy. If you have any questions or wish to register a complaint in relation to this Privacy Policy or the manner in which your personal information is used by us, please contact us by any of the following means:

By Email: ______________________.
By Post: ______________________.

Enforcement

If for some reason you believe we have not adhered to the principles of this Privacy Policy, please notify us, and we will do our best to determine and correct the problem promptly.  Any notices or other communication required or permitted to be made or given by either Party pursuant to this Privacy Policy will be in writing, in English, and will be deemed to have been duly given when delivered if delivered personally or sent by recognized overnight express courier, to the address specified herein or such other address as we may specify in writing.  All notices shall be sent to ______________________.