Disclaimer

EQUAL HOUSING OPPORTUNITY

Ash Creek Homes 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. In addition, Ash Creek Homes 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 Ash Creek Homes communities that are age qualified, to qualify for exemption from the familial status portion of the Fair Housing Act and all state and local age restrictions laws imposed by the state where a particular community is located. Models do not reflect a preference for homebuyers.

EQUAL OPPORTUNITY EMPLOYER

Ash Creek Homes, Inc. is an equal opportunity employer, and considers all applicants without regard to race, color, sex, religion, disability, age, national origin, or any other legally protected status.

SPECIFICATIONS, PRICING, AND ASSOCIATED COSTS

Prices may not include lot premiums, upgrades, options, or homeowner’s association dues. Ash Creek Homes reserves the right to change plans, specifications, pricing promotions, incentives, features, elevations, floor plans, designs, materials, amenities and dimensions without notice in its sole discretion. Square footage and dimensions are approximate, subject to change without prior notice or obligation and may vary in actual construction. Model homes may be depicted with special treatments, landscaping, decorative features, appliances, upgrades and other items which may be optional, or for use only in the model homes and may not be included in the sales price. All renderings, photos, color schemes, floor plans, maps and displays are artists’ conceptions and are not intended to be an actual depiction of the home or its surroundings and may not be included in the base price house in any community. Community improvements and recreational features and amenities described are based upon current development plans that are subject to change and that are under no obligation to be completed. Actual position of home on lot will be determined by the site plan and plot plan.

School district boundaries and plans for new schools frequently change and are outside of Ash Creek Homes’ control. School, utility, taxes, and governmental information should be verified with the appropriate agency or utility supplier.

All special offers and incentives are subject to certain terms, conditions and restrictions. Offers are good for a limited time only and subject to availability, and Ash Creek Homes reserves the right to change or withdraw 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.

Terms of Use

CHANGES TO TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

LINKS FROM WEBSITE

This Website may contain links to third party sites. This may include links contained in advertisements, including banner advertisements and sponsored links. Access to any other site linked to this Website is at the user’s own risk and Ash Creek Homes is not responsible for the accuracy, availability or reliability of any information, data, opinions, advice or statements made on these sites. Ash Creek Homes provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement of such websites or the content, products, advertising, or other materials presented on such websites, including any changes or updates thereto. Users expressly release Ash Creek Homes from any claims or damages that may arise out of or relate to such third-party sites, including, without limitation, sites providing for the use of debit or credit cards for payments to Ash Creek Homes.

LINKS TO THE WEBSITE AND SOCIAL MEDIA

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Ash Creek Homes, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Ash Creek Homes regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

This Website is operated by Ash Creek Homes, PO Box 341749, Austin, TX 78734.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: homes@ashcreekhomes.com.

Date of Last Revision: October 8, 2019

Privacy Policy

Effective Date: October 1, 2019

Protecting personal information is of the utmost importance to Ash Creek Homes, Inc. (Ash Creek). This privacy policy describes how Ash Creek Homes collects and uses the personal information you provide on our Web site, ashcreekhomes.com and on our customer service portal BuilderTrend. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

In general, you can visit ashcreekhomes.com on the World Wide Web without telling us who you are or providing us with any information. However, we collect the domain names (not the e-mail addresses) of all visitors to measure the pages visited, average time spent on the web site, etc. We use this information to continually improve the convenience and functionality of our web site.

If you have questions or complaints regarding our privacy policy or practices, please contact us at Ash Creek Homes, Inc. PO Box 341749, Austin, TX 78734, USA, or write an email to homes@ashcreekhomes.com.

In certain situations, Ash Creek Homes may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our Data Protection Officer at homes@ashcreekhomes.com.

1. Personal Information

Throughout the web site, several forms are offered that enable you to contact Ash Creek Homes and receive further information about products and services. Ash Creek Homes collects the personal data (such as name, email address, address and phone number), submitted by you on these forms in order to contact you and/or send the information you requested. By entering this contact information you agree that Ash Creek may use it to send you information regarding its products and services and other promotional material. In case you no longer wish to receive such mailings, please send a letter to Ash Creek Homes, Inc. PO Box 341749, Austin, TX 78734, USA, or write an email to homes@ashcreekhomes.com.

Unless specifically stated otherwise, when you provide personal information on the Ash Creek web site, you are agreeing to share that information with Ash Creek and its subsidiary companies. By using our web site, you explicitly consent to transferring the data provided to Ash Creek servers located in the United States and perhaps other regions of the world. When Ash Creek requests personal information, the company will explain how it will be used.

Any personal data that you enter on the Ash Creek web site is kept confidential and is not shared with anyone outside of the Ash Creek Homes.

2. Information Sharing

We may provide your personal information to companies that provide services to help us with our business activities such as payment processing or emailing you communications. These companies are authorized to use your personal information only as necessary to provide these services to us.

We will share your personal information with third parties only in the ways that are described in this privacy policy. If you do not want us to share your personal information with these companies, you may contact us at: homes@ashcreekhomes.com .

We may also disclose your personal information:

In certain situations, Ash Creek may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

As required by law, such as to comply with a subpoena, or similar legal process

When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,

To any other third party with your prior consent to do so

If Ash Creek is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information

3. Security

The security of your personal information and our clients’ information is important to us. When you enter sensitive information (such as login credentials) we encrypt the transmission of that information using secure socket layer technology (SSL).

Although no data transmission over the Internet can be guaranteed to be 100% secure, Ash Creek will use industry best practices to ensure the security of all client account information and/or personal information you send via electronic mail through the web site. Ash Creek, however, cannot ensure or warrant the security of any information that you transmit, and you do so at your own risk. If you have any questions about security on our Web site, you can contact: Ash Creek Homes, Inc. PO Box 341749, Austin, TX 78734, USA, or write an email to homes@ashcreekhomes.com.

4. Cookies

Our web site uses a technology called “cookies” which may be used to provide you with tailored information. A cookie is an element of data that a web site can send to your web browser, which may then be stored on your hard drive so the Ash Creek web site can recognize you when you return. All pages on the web site that prompt you to log-in and many pages that are customized require you to accept cookies. These cookies: (i) let us know who you are; and (ii) are necessary to access client account information (stored on our computers) enabling us to deliver personalized services. You may set your browser to notify you when you receive a cookie; however, please note that by not accepting cookies you will limit the web site functionality.

Third Party Cookies

The use of cookies by our partners, affiliates, tracking utility company, and service providers is not covered by our privacy policy. We do not have access or control over these cookies.

Other Third Party Tracking

Technologies such as tags, scripts, local shared objects and local storage are used by Ash Creek and our partners, affiliates or analytics or service providers. These technologies are used in analyzing trends, administering the website, tracking users’ movements around the site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

Our third party partners employ clear gifs (a.k.a. Web Beacons/Web Bugs), images, and scripts that help them better manage content on our site. We do not tie the information gathered to our Customers’ or Users’ personal information.

As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality.

We use Local Shared Objects, such as Flash cookies, and Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use HTML5 to collect and store information.

Various browsers may offer their own management tools for removing HTML5.

We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.

5. Information Related to Data Collected through Manager

Ash Creek collects information under the direction of its Clients and has no direct relationship with the individuals whose personal data it processes.

We collect information for our clients, if you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the client that you interact with directly.

We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our Clients.

Ash Creek acknowledges that you have the right to access your personal information. We have no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Ash Creek’s Client (the data controller). If the Client requests us to remove the data, we will respond to their request within 30 business days.

We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you wish to subscribe to our email(s), we will use your name and email address to send the email to you. You may choose to stop receiving our marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at homes@ashcreekhomes.com.

6. Links to Other Sites

Our web site may include links to the sites of our business partners, vendors, and advertisers. Ash Creek is not responsible for the content or the privacy practices employed by such third parties. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

7. Testimonials

With your consent we may post your testimonial along with your name. If you want your testimonial removed please contact us at homes@ashcreekhomes.com.

8. Access/Choice

Upon request Ash Creek will provide you with information about whether we hold any of your personal information. If your personal information changes, you may update it by emailing us at homes@ashcreekhomes.com or postal mail at the contact information listed below.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us by emailing homes@ashcreekhomes.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

We will respond to your request to access within 30 business days.

9. Emailing

Our web site also enables you to send email to a third party containing a hyperlink to one of the site’s web pages. By using this feature, you explicitly agree to obtain permission to send such email. Furthermore, you agree to indemnify Ash Creek to claims from the third party with respect to this feature.

10. Refer a Friend

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name, email address, address and phone number. We will automatically send your friend a one-time email inviting him or her to visit the site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Your friend may contact us at homes@ashcreekhomes.com to request that we remove this information from our database.

11. Social Media Widgets

Our Web site includes Social Media Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

12. Children

Ash Creek Homes does not knowingly solicit information from children, and we do not knowingly market our products or services to children.

13. California Privacy Rights

Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to homes@ashcreekhomes.com and please include the phrase “California Privacy Request” in the subject line, and provide us with your name, address and email address. We will respond to you within thirty days of receiving such a request.

14. Changes

The Ash Creek Homes Web Site Privacy Policy may be amended by Ash Creek Homes from time to time. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. Please review this policy on a periodic basis for the latest information on our privacy practices.

15. Contact Us

Ash Creek Homes, Inc.
PO Box 341749
Austin, TX 78734

homes@ashcreekhomes.com

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