Last Updated on November 1, 2018
THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION THAT YOU SHOULD READ.
Forestar Group Inc. (referred to herein as “Forestar,” “we,” “us” or “our”) provides these Terms of Use. These Terms of Use describe the use of this website (this “Website”), and our mobile sites, applications, and mobile interactive features (“Mobile Applications”), and email messages that we may send to you. This Website and our Mobile Applications are collectively referred to in these Terms of Use as our “Sites.” As used herein, the words “user,” “you,” and “your” mean users of this Website or our other Sites.
By accessing or using our Sites, you agree to the provisions of these Terms of Use.
OWNERSHIP AND USE OF CONTENT.
The Sites and their contents are owned by Forestar or used under license from others with all rights reserved. The reproduction, re-creation, retransmission or other use of any of the material on the Sites, whether text, visual image, audio, video, or computer software, or the posting or framing on other websites, without the express prior written permission of Forestar, is expressly prohibited.
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 our Sites infringe their rights. If you believe that material on our Sites infringes your copyright, you or your agent may send us a notice requesting that we remove or block the material. Notices must meet the requirements of the DMCA. Notices may be sent to us at: Forestar Group Inc., Attn: General Counsel, 10700 Pecan Park Blvd., Suite 150, Austin, TX 78750. There are penalties for false claims under the DMCA.
LINKS TO OTHER WEBSITES.
We may provide links from our Sites, through advertisements or otherwise, to other websites, or applications including various social media platforms. Those websites, applications and social media platforms have their own privacy policies and practices. These Terms of Use do not address, and we are not responsible for, their content, privacy policies or practices or security and safeguarding practices. The inclusion of a link on any of our Sites does not imply endorsement of the linked website or application by us or any of our affiliates. We are not responsible for the collection, usage or sharing practices or policies of other companies or platforms including Facebook™, Twitter, Instagram™, or Google®, to mention just a few. Please visit those websites to review their privacy policies and practices.
Forestar utilizes Google Maps™ to provide certain functionality on its Sites. Consequently, all visitors to our Sites are bound by Google Maps™/Google Earth™ Additional Terms of Service (including the Google® Privacy Policy) located at https://www.google.com/help/terms_maps.html and must abide by certain URL Terms that include the following, in the following descending order of priority, in the event of a conflict:
“URL Terms” means the following, in the listed order of precedence if there is a conflict:
the Service’s Acceptable Use Policy at
https://enterprise.google.com/maps/terms/universal_aup.html;
the Google Maps / Google Earth Legal Notices at
https://maps.google.com/help/legalnotices_maps.html;
the Google Maps / Google Earth Additional Terms of Service at
https://maps.google.com/help/terms_maps.html;
Google Developer Guidelines applicable to each Service at:
https://developers.google.com/products/#m;
the Service’s then-current Service Level Agreement at
https://enterprise.google.com/maps/terms/maps-sla.html;
the Service’s then-current Technical Support Services Guidelines at
https://enterprise.google.com/maps/terms/tssg.html; and
the Google Maps APIs Deprecation Terms at
https://enterprise.google.com/maps/terms/deprecation-policy.html
LIMITATION OF LIABILITY AND DISCLAIMER.
Forestar endeavors to keep the information on the Sites current and up to date. However, some of the information on the Sites may be inaccurate or incomplete, or may contain typographical errors. Forestar does not warrant that the content of the Sites is error free or that its service in providing the Sites will be uninterrupted. Your use of the Sites is at your own risk. You agree that Forestar is not liable for any damages relating to the use of, or reliance upon, the content of the Sites, including without limitation damage to your computer equipment or other property from downloading material from the Sites.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE FORESTAR, INC., ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, AND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), RELATED DIRECTLY OR INDIRECTLY TO, OR ARISING FROM, YOUR ACCESS TO THE SITES OR YOUR USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THESE DISCLAIMERS AND LIMITATIONS MAY NOT AFFECT YOUR CONSUMER RIGHTS OR LIMIT LIABILITY TO THE EXTENT THAT IT CANNOT BE LIMITED BY LAW.
LAW 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 Texas, 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. If any provision of these Terms of Use is determined to be invalid, unlawful, void or otherwise not enforceable, you agree that the remaining provisions of these Terms of Use will remain in full force and effect. By accessing our Sites, or using information on our Sites, you submit to the exclusive jurisdiction of the state courts in Tarrant County, Texas, or the United States Federal District Court, Northern District of Texas, to resolve disputes of any kind arising out of your reliance on the information on a Site, or any interaction with Forestar involving a Site. Any claim you have with respect to a Site must be brought within two years and one day after the claim arises.
IF THERE IS A CONFLICT BETWEEN THE LAW IN YOUR USUAL PLACE OF RESIDENCE AND THESE TERMS OF USE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW MAY PREVAIL.
SUCCESSORS AND TERMINATION.
These Terms of Use shall be binding upon and inure to the benefit of Forestar 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 Forestar. In the event of termination of these Terms of Use, restrictions imposed upon you by these Terms of Use, including all disclaimers, waivers, releases and limitations of liability, shall survive.
VOID WHERE PROHIBITED.
The Sites are accessible by users throughout the world. Forestar may not, however, provide services in your area. The information on the Sites is not an offer of products or services where Forestar is not doing business or where prohibited by law.
CHANGES TO TERMS OF USE AND WAIVER.
Forestar reserves the right to change these Terms of Use from time to time. Forestar will notify you of changes to these Terms of Use by updating them on this Website and setting forth the date on which the update was made. We encourage you to retain a copy of these Terms of Use and periodically to check this Website for updates. Your use of our Sites indicates your acceptance of the latest version of these Terms of Use.
No waiver of any provision in these Terms of Use shall be effective unless made in writing signed by Forestar and shall not prevent any subsequent enforcement of these Terms of Use.
PRIVACY POLICY.
To view our Privacy Policy, please go to our Privacy Policy.
CONTACTING US.
If you have any questions about our Terms of Use, you may contact us at: Forestar Group Inc., Attn: General Counsel, 10700 Pecan Park Blvd., Suite 150, Austin, TX 78750.
EFFECTIVE DATE.
These Terms of Use were effective as of the date of the last update as set forth at the top of these Terms of Use.