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.
- The Site is intended for Your benefit to become familiar with the Property and our Services.
- 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.
- You understand that any statements by us and our employees, agents, affiliates, and members are provided for informational purposes only.
- 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.
3. Site Content Disclaimers.
- 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.
- 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.
- 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.
- All school information provided is obtained from third parties. Please contact Your local school district for the most current information about specific schools.
- 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.
- 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.
- 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.
4. Our Services.
We offer 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.
5. Use of Information and Materials on our Site.
- The information contained on our Site is subject to change without notice.
- 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.
- 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.
- 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.
6. 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.
7. Privacy.
- 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
https://sandbrockranch.com/legal, is incorporated into these Terms by reference. - 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.
- 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.
8. Enforcement.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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: hello@sandbrockranch.com
9. Additional Information.
- 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.
- 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.
10. 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.
11. 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.
12. 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.
13. Contact Us.
If You have any questions or suggestions regarding these Terms, please contact us at: hello@sandbrockranch.com.