Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING ANY OF THE SITES
Tri Pointe Homes, Inc., together with its homebuilding subsidiaries and its wholly-owned affiliated settlement service providers* are collectively referred to in these Terms of Use as the “Company,” “we,” “us” or “our”. As used herein, the words “user,” “you,” and “your” mean users of our website(s), network(s), mobile application(s), desktop application(s) and/or the materials and services accessible thereon or therefrom (collectively, the “Sites”).

General Terms and Conditions. These Terms of Use, along with our Privacy Policy, govern your use of the Sites. Please read them carefully before accessing any of the Sites. You must be at least 18+ years old to access the Sites. Your access of the Sites constitutes your agreement with, and acknowledgement of, these Terms of Use. If you are not 18+ years old, or are 18+ years old but do not agree with these Terms of Use, please do not access the Sites. So long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Sites and to download and use (for your personal use only) an App (as defined in Section 3 below) on your mobile device in object code form.
Effective Date and Updates. These Terms of Use are effective at 6:00 p.m. on June 28, 2021. We reserve the right to make changes to these Terms of Use from time to time, and will notify you of changes to these Terms of Use by updating them on the Sites and setting forth the date on which the update was made. We encourage you to retain a copy of these Terms of Use and to periodically check the Sites for updates. Your use of the Sites indicates your acceptance of the latest version of these Terms of Use.
Applications. To use our mobile and/or desktop application(s) (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any App and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.
Account and Registration. To access certain features of the Sites, you may be required to register for an account. When you register for an account, you will be asked to provide us with your profile information, including, without limitation, your first and last name, email address, phone number, and profile photo (if desired), all of which is subject to our Privacy Policy. You will also have the opportunity to set your email notification preferences. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will also be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others and may only use the Sites for your own behalf.
Consent to Communications. By using the Sites, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. The Sites may include web forms, links, email/message buttons and contact information that can connect you with our employees, contractors, agents and/or representatives. The Sites may be used to log and track phone calls, emails, and text messages between you and us. As part of this process, we may receive and store data regarding our communications with you, including the date and time of the interaction, the content thereof, and your contact information. You consent to these practices by us and our employees, contractors, agents and representatives. The information is subject to our Privacy Policy.
Impermissible Use. You must not use the Sites for any purpose that is illegal, harassing, libelous, threatening, hateful or that violates the rights of others. You agree that the following actions are prohibited and constitute a material breach of these Terms of Use. This list is not meant to be exhaustive. We reserve the right to determine what types of conduct are an impermissible use of the Sites and to take any measures that we determine to be appropriate in response thereto.
1. Use the Sites or its content for any purpose or to take any actions in violation of any applicable: (i) local, state, national, or international laws; or (ii) regulations, codes, code of conduct, policies, guidelines or rules.
2. Take any action that imposes an unreasonable or disproportionately large load on the Sites’s infrastructure, servers or otherwise in a manner that may adversely affect performance of the Sites or restrict or inhibit any other user from using and enjoying the Sites.
3. Use the Sites for unauthorized framing, linking, or inlining.
4. Access the Sites via automated devices, bots, agents, scraping tools, scripts, intelligent search or any similar means of access to the Sites and/or its contents.
5. Aggregate, copy, duplicate, publish, or make available any of the Sites’s content to third parties outside of the Sites.
6. Defame, flame, blast, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
7. Publish, post, upload, distribute, submit, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.
8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
9. Hack or threaten the security of the Sites, its servers, and/or its users’ computers/connected devices, including, without limitation, unlawfully accessing the Sites’s servers and/or uploading files that contain malware, viruses, corrupted files, Trojan horses, worms, time bombs, denial of service attacks, any other malicious intrusions and/or any other similar software or programs that may damage the operation of the Sites, its servers, or another’s computer/connected device.
10. Use the Sites to make available unsolicited advertising or promotional materials, spam, phishing, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
11. Harvest or otherwise collect information about others without their consent.
12. Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
13. Engage in any other action that, in the judgment of the Company, exposes it or any third party to potential liability or detriment of any type.
Submissions/Communications Sent to the Company. You agree that any communications, materials, text, photos, pictures, videos, graphics, images, links, views, ideas, concepts, works, materials, proposals, suggestions, artwork, content, designs, floorplans or the like that are uploaded to a Site, posted to a Site, or sent or otherwise delivered to the Company by electronic mail or any other means, including, without limitation, through social media or in connection with a contest or sweepstakes (“Submissions”), are subject to these Terms of Use and our Privacy Policy. For the avoidance of doubt, “Submissions” expressly include situations where the Company requests your permission via any electronic, messaging, social or other means, to use or reuse photos or other information posted on social media channels, and you acquiesce to such request using any method of affirmative response or reply (e.g.,“We love this image and would love to show it off (i.e. Instagram, Facebook, other social media, etc)! Please reply with #myTPH and @tripointehomes to agree.”). By making a Submission, you represent and warrant that: (i) your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that and you own all right, title and interest in your Submission and its parts, and copyright therein; (ii) that you and any other person mentioned or shown in your Submission are 18 years old or older (except that minors may be mentioned/shown with the consent of a parent or guardian), and have the right to grant the rights hereunder concerning the Company’s use, modification and/or distribution of the Submission, or any part thereof, including without limitation any name, address, likeness, voice, statements, actions or biographical information; (iii) your Submission does not violate any applicable laws or regulations, or the terms or rules of any platform where it was posted, does not include any confidential or private information, and does not infringe or violate any other person’s or entity’s rights; and (iv) your Submission does not contain any automated devices, bots, viruses, scripts, or any similar malware. You further represent and warrant that you have not been and will not be paid or compensated by anyone else for submitting your Submission or any part thereof or for the rights granted to us in these Terms of Use, and no third-party agent, manager, union or anyone else is entitled to be paid or compensated as a result of your Submission or the rights granted to us in these Terms of Use. You must own all right, title, and interest, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission and consents and rights to post, distribute, or transmit your Submission. You agree that you must evaluate, and bear all risks associated with, your Submission. By making a Submission, you grant the Company and its affiliates, service providers, licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name, username, caption, text, tags, or any part thereof and city/town/village/community of residency, in our discretion, on the Sites or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. In other words, the Company will be free to use, redistribute or disclose the Submissions and their contents for any purpose and in any way on an unrestricted basis without any compensation to you. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission. The Company has no obligation to you regarding any Submissions, including, but not limited to responding to, reviewing, acknowledging, keeping confidential or returning any Submissions. Please note that your Submission may be accessible by the public. ANY SUBMISSIONS MADE BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR SITES AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE FOR A LONG TIME. YOU HAVE NO CONTROL OVER WHO WILL EVENTUALLY SEE SUCH MATERIALS. BE CAREFUL AND SELECTIVE ABOUT THE PERSONAL INFORMATION THAT YOU DISCLOSE ABOUT YOURSELF AND OTHERS AND DO NOT DISCLOSE SENSITIVE, PROPRIETARY OR CONFIDENTIAL INFORMATION. SHOULD YOU DISCLOSE INFORMATION THAT IS SENSITIVE, PROPRIETARY OR CONFIDENTIAL IN YOUR SUBMISSIONS, YOU DO SO AT YOUR OWN RISK AND THE COMPANY IS NOT RESPONSIBLE FOR ANY CONSEQUENCES OF SUCH DISCLOSURE.
No Representations and Warranties. The Company makes no representation or warranty of any kind with respect to the Sites, including, without limitation, any materials, services and/or information contained therein or thereon. Your use of the Sites is at your own risk. Although the Company attempts to provide accurate information, the Sites are intended to be for general reference and informational purposes only. The Company assumes no responsibility for errors or omissions regarding the Sites, or in the content thereof, and makes no commitment to update the Sites or the content thereof. Similarly, we do not warrant that the content of the Sites is error free or that its access and availability will be uninterrupted. Your sole and exclusive remedy for issues relating to the use of, or the material on, the Sites shall be to discontinue accessing the Sites and using the information or material obtained. You and the Company agree that the Company shall not be liable for any damages relating to your use of, or reliance upon, the Sites or any of its content, including, without limitation, damage to your computer, devices, equipment or other property from downloading an App or material from the Sites. When utilizing the Sites please keep the following in mind:

The Company Undertakes No Duty to Keep the Sites Updated. Product and other information, including availability, is subject to change at any time. The Sites may contain inaccurate, incomplete, or out-of-date information, in addition to typographical errors. Postings to the Sites are made at such times as determined by the Company in its discretion. Users of the Sites should not assume that the information contained on the Sites has been updated or otherwise contains current information. The Company does not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded.
New Home Offerings are Subject to Change. The Company reserves the right to modify or change floorplans, materials and features without prior notice or obligation. Such changes may not always be reflected in the Sites or our models.The Company reserves the right to make changes to its home designs and to build more or fewer homes than currently planned. All renderings and floorplans in these materials are an artist’s conceptual drawings and will vary from the actual plans and homes built. Square footage numbers are approximate and may vary depending on the standard measurement used. Photos and/or drawings of homes show upgraded landscaping and may not represent the lowest-priced homes in the community.
Community Information is Subject to Change. The Company 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. No warranty or guarantee is made regarding any particular area public school/school district or that any particular public school/school district will service any given community. Schools/school districts may change over time. The Company 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. Applicable community fees may not be disclosed on the Sites. For example, there may be homeowner associations supported by residents maintaining common areas and facilities for a monthly fee. Our projects may also be included in community facilities, landscape maintenance and similar assessment districts which may be financially supported by residents. Ask your New Home Advisor for details.
Pricing is Subject to Change at Any Time. 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 refer to the base house and do not include any optional features. Applicable fees and charges may not be disclosed on the Sites.
Promotional Programs are Subject to Change. Promotional programs are typically available only on select lots at select communities, and typically are not available in conjunction with other offers. Please consult a New Home Advisor for specific promotional pricing or other information related to a community.

No Offer To Sell. No information or material on the Sites is to be construed to be an offer or solicitation for sale. All homes about which information is provided herein are subject to prior sale. You must visit a Company sales office to purchase a home.
Forward-Looking Statements. Certain statements and information on the Sites and in the Company’s press releases and other reports are “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995. Such statements involve known and unknown risks, uncertainties and other factors that may cause actual results to differ materially from the expectations expressed herein or in such press releases or other reports. Such factors include, but are not limited to, changes in general economic conditions, the availability and cost of land suitable for residential development, the availability and cost of materials and labor, interest rates, consumer confidence, weather conditions, competition, environmental matters, governmental regulation and other factors as may be noted from time to time.
No Tax, Investment or Legal Advice. The content and information presented on the Sites is for informational and promotional purposes only and is not intended to offer specific tax, lending, financial, investment or legal advice of any kind. References to tax and other laws are intended to convey the gist of general rules only and do not describe the various exceptions, limitations and rules for special situations that frequently accompany such general rules.

ALL USERS ARE EXPRESSLY ADVISED TO CONSULT WITH THEIR OWN TAX, LENDING, FINANCIAL, INVESTMENT AND/OR LEGAL PROFESSIONALS BEFORE MAKING ANY PURCHASE OR INVESTMENT DECISIONS. BY USING THE SITES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THE SITES TO MAKE ANY INVESTMENT, LENDING OR PURCHASE DECISION.

Release, Disclaimer, Limitation of Liability and Indemnity. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY RELEASE THE COMPANY, ITS OWNERS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM (AND COVENANT NOT TO SUE SUCH ENUMERATED PARTIES FOR) CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST, REGARDLESS OF WHETHER THE CLAIM UNDER WHICH DAMAGES ARE SOUGHT IS BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY (A) YOUR ACCESS TO (OR INABILITY TO ACCESS) THE SITES, (B) YOUR DOWNLOAD OF AN APP, (C) YOUR USE OR ATTEMPTED USE OF THE SITES, AND (D) ANY INFORMATION OR MATERIAL CONTAINED ON THE SITES. WITHOUT LIMITING THE FOREGOING, THE SITES AND EVERYTHING THEREON IS PROVIDED TO YOU “AS IS, WHERE IS,” AS AN ACCOMODATION, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED ON THE SITES WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

YOU SHALL INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIM, CLAIM FOR RELIEF, DEMAND, DAMAGE, INVESTIGATION, LOSS, LIABILITY, EXPENSE, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND ALL COSTS OF INVESTIGATION, SETTLEMENT AND APPEAL, ARISING OUT OF, RESULTING FROM OR RELATING TO ANY FAILURE BY YOU TO COMPLY WITH THESE TERMS OF USE.

Links to Other Sites. While on the Sites, you may be referred, through advertisements or otherwise, to other websites or applications, including various social media platforms. Such websites, applications and social media platforms have their own privacy policies, terms of use and data collection practices. These Terms of Use do not address, and we are not responsible for, the content, privacy policies, security practices, and/or the data collection/usage/sharing practices of other companies or platforms including, without limitation, Facebook, Twitter, Instagram, and Google. A link from the Sites to such a third-party site does not imply endorsement thereof nor any ability to control such site’s content, policies or practices. You hereby acknowledge and agree that the Company shall not be responsible for the content, products or services offered on any such site. You should carefully review the privacy policies and terms of use of third-party sites before submitting any personal information to them.
Intellectual Property. The Sites themselves and all information, content and materials on the Sites including, without limitation, all design, text, images, photographs, press releases, and other information, are protected under United States and other copyright laws and are owned by the Company and/or used under license from the copyright owner. The Sites and the information thereon may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the Company’s prior written consent, except to the extent that such use is authorized under the United States and other relevant copyright laws. The Company’s trademarks, logos, images, and service marks used on the Sites are the property of the Company and may not be used without the prior written consent of the Company and without proper acknowledgment. All other trademarks and/or logos are the property of their respective owners.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe in good faith that materials on the Sites infringe their rights. If you believe that material on the Sites infringe your copyright, you may send us a notice requesting that we remove the material. Such take-down notices must meet the requirements of the DMCA. Notices may be emailed to us at info@tripointehomes.com. There are penalties for false claims under the DMCA.
Fair Housing. We are pledged to the letter and the spirit of the Federal Fair Housing Act, which prohibits any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status or national origin, or the intention to make such preference, limitation or discrimination. All real estate information provided on the Sites, along with each of our advertising and marketing promotions, is subject to the Federal Fair Housing Act and any additional requirements imposed by your state or local jurisdiction. We are proud that all homes advertised by the Company are available on an equal opportunity basis. Any photographs or renderings of people do not depict or indicate any preference regarding race, religion, gender, sexual orientation, disability, familial status or national origin.
Governing Law, Severability and Jurisdiction. These Terms of Use shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of California, without resort to its choice of law provisions and case law, except to the extent they are superseded or preempted by the laws of the United States or other jurisdictions (provided, however, that the 1980 UN Convention on the International Sale of Goods is hereby expressly disclaimed). If any provision of these Terms of Use is determined to be invalid, unlawful, void or otherwise not enforceable, you agree that such provision will be deemed severable from the remaining provisions of these Terms of Use, which remaining provisions will remain in full force and effect. By downloading an App, accessing the Sites, or using any information thereon, you submit to the exclusive jurisdiction of the state and federal courts located in Orange County, California, to resolve disputes of any kind relating to the Sites, any materials thereon, or any interaction with the Company involving the Sites. Any claim or cause of action you have with respect to the Sites and/or the content thereof must be brought within one (1) year after the claim or cause of action arises. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
Successors and Termination. These Terms of Use shall be binding upon and inure to the benefit of the Company and you, and its and your respective heirs, representatives, successors and assigns. These Terms of Use shall remain in force and effect until terminated by the Company. In the event of termination of these Terms of Use, all restrictions imposed upon you thereby, including all disclaimers, waivers, releases and limitations of liability, shall survive.
Void Where Prohibited. The Company’s products, services and offers may not be available in your state or community. The information on the Sites is not intended to constitute an offer or solicitation where prohibited by law.
Providers Terms and Notice. Apple Inc., Google, Inc., or Microsoft Corporation (each a “Provider”) will be a third-party beneficiary to these Terms of Use if you access the Sites using an App developed for Apple iOS, Android, or Microsoft Windows-powered devices, respectively, and will have the right (and will be deemed to have accepted the right) to enforce this Section 20 of these Terms of Use against you. These Providers are not parties to these Terms of Use and are not responsible for the provision or support of the Sites in any manner. Your access to the Sites using a Provider’s device, application store or operating system is subject to the terms set forth in the applicable Provider’s terms of service. No Provider has any obligation to furnish maintenance or support services with respect to the Sites. If the Sites fail to conform to any applicable warranty, you may notify the Provider and the Provider will refund any applicable purchase price for an App to you; and, to the maximum extent permitted by applicable law, the Provider has no other warranty obligation with respect to the Sites. The Provider is not responsible for addressing any claim by you or any third party relating to the Sites or your download or use of an App, including: (a) product liability claims; (b) any claim that the Sites fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. No Provider is responsible for the investigation, defense, settlement or discharge of any third-party claim that the Sites or your download or use of an App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Sites. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and iOS are trademarks of Apple Inc. App Store is a service mark of Apple Inc. Android and Google Play are trademarks of Google Inc. Microsoft and Windows are trademarks of Microsoft Corporation.