Hovnanian Enterprises, Inc.
Site Terms and Conditions
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
If you have any questions or comments regarding the Site or its contents, please direct them to email@example.com.
License and Site Access
Hovnanian grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Hovnanian or any third party.
You may not use, frame or utilize framing techniques to enclose any Hovnanian trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Hovnanian's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an Hovnanian name, trademark, or product name without Hovnanian's express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law. Hovnanian respects the intellectual property of others, and we ask our users to do the same. Hovnanian may, in appropriate circumstances and at its own discretion, limit access to this Site and/or terminate the accounts of any users who infringe the intellectual property rights of others.
All copyrighted and copyrightable materials on this Site, including, without limitation, the Hovnanian logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright • 2006 Hovnanian Enterprises, Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Hovnanian or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Hovnanian or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
Hovnanian respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Hovnanian's copyright agent the following written information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Hovnanian's Copyright Agent for notice of claims of copyright infringement on this Site is Peter S. Reinhart, who can be reached as follows:
Peter S. Reinhart, Senior Vice-President and General Counsel
Hovnanian Enterprises, Inc.
110 West Front Street
P.O. Box 500
Red Bank, N.J. 07701
Trademarks and Service Marks
Hovnanian, the Hovnanian logo, and the products and services described in this Site, including without limitation K. Hovnanian logo, K. Hovnanian, "The First Name in Lasting Value," "If you're not 55, you'll wish you were." are either trademarks, service marks or registered or unregistered trademarks of Hovnanian and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hovnanian or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Hovnanian, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hovnanian. All other trademarks, registered trademarks, product names and Hovnanian names or logos mentioned herein are the property of their respective owners.
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Hovnanian or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use an Hovnanian logo or other proprietary graphic or trademark of Hovnanian to link to this Site without the express written permission of Hovnanian. This limited right may be revoked at any time.
Third-Party Links. Hovnanian makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Hovnanian and Hovnanian is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Hovnanian is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Hovnanian of the site or any information contained therein. When leaving the Hovnanian site, you should be aware that Hovnanian's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Financial Material Disclosure
All statements on this website that are not historical facts should be considered as "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements involve known and unknown risks, uncertainties and other factors that may cause actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Such risks, uncertainties and other factors include, but are not limited to, (1) changes in general and local economic and industry and business conditions, (2) adverse weather conditions and natural disasters, (3) changes in market conditions and seasonality of the Company's business, (4) changes in home prices and sales activity in the markets where the Company builds homes, (5) government regulation, including regulations concerning development of land, the home building, sales and customer financing processes, and the environment, (6) fluctuations in interest rates and the availability of mortgage financing, (7) shortages in, and price fluctuations of, raw materials and labor, (8) the availability and cost of suitable land and improved lots, (9) levels of competition, (10) availability of financing to the Company, (11) utility shortages and outages or rate fluctuations, (12) levels of indebtedness and restrictions on the Company's operations and activities imposed by the agreements governing the Company's outstanding indebtedness, (13) operations through joint ventures with third parties, (14) product liability litigation and warranty claims, (15) successful identification and integration of acquisitions, (16) significant influence of the Company's controlling stockholders, (17) geopolitical risks, terrorist acts and other acts of war and (18) other factors described in detail in the Company's Form 10-K for the year ended October 31, 2007. All forward-looking statements involving earnings guidance or other financial or operating projections or estimates contained herein were provided on September 3, 2008 and were not updated for this presentation. The risk that actual results will differ materially from expectations expressed in this presentation will increase with the passage of time. Where we have used non-GAAP financial measures, reconciliations to the most comparable GAAP measure are provided, along with a disclosure on the usefulness of the GAAP measure, in our most recent earnings release.
Press Releases. The information contained within press releases issued by Hovnanian should not be deemed accurate or current except as of the date the release was posted. Hovnanian has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third-Party Financial Information. Hovnanian may provide links to third-party Web sites or services that contain financial or investment information about Hovnanian. Access to such Web sites and the information contained therein is provided as a service to those interested in the information. Hovnanian neither regularly monitors nor has control over the content of third parties' statements or Web sites. Accordingly, Hovnanian does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Hovnanian makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. HOVNANIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. HOVNANIAN DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HOVNANIAN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE HOVNANIAN ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, HOVNANIAN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Hovnanian reserves the right to change any and all content, including prices, contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Hovnanian.
All prices are subject to change at any time. Prices shown refer to the base house and do not include any options or extras. Please consult Hovnanian Enterprises, Inc. sales associates for specific price information for each home in each community.
Limitation of Liability
IN NO EVENT SHALL HOVNANIAN BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HOVNANIAN (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF HOVNANIAN'S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID HOVNANIAN, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the state of New Jersey, applicable to agreements made and entirely to be performed within the state of New Jersey, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Monmouth County, New Jersey, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
PLEASE READ. IT IS IMPORTANT THAT YOU READ THIS SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH FINAL AND BINDING ARBITRATION INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site, if any, shall be submitted to confidential arbitration in Monmouth County, New Jersey, except that, to the extent you have in any manner violated or threatened to violate Hovnanian's intellectual property rights, Hovnanian may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
For claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. For claims over $1,000 but under $75,000, you will be obligated to pay your share of the arbitration fees, but no more than the equivalent court filing fee for a court action filed in the jurisdiction where your residential address is located. For arbitrations in excess of $75,000, all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
BY THIS AGREEMENT, BOTH YOU AND WE ARE WAIVING CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT. YOU AND WE BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT ON A CONSOLIDATED, CLASS WIDE OR REPRESENTATIVE BASIS. IF FOR ANY REASON THIS ARBITRATION CLAUSE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THIS ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WE BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHTS TO TRIAL BY JURY AND TO PURSUE ANY CLAIMS ON A CONSOLIDATED, CLASS WIDE OR REPRESENTATIVE BASIS.
Notwithstanding any of these terms and conditions, Hovnanian reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
You agree to defend, indemnify and hold harmless Hovnanian, its affiliates and subsidiaries, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising our of your use of this Site or any Submissions you provide, including without limitation any actual or threatened suit, demand or claim made against Hovnanian and/or its affiliates, subsidiaries, directors, employees or agents, arising out of or relating to your conduct, your violation of these Site Terms or your violation of the rights of any third party.
Updated March 24, 2008
This Site is controlled by Hovnanian from its offices in the United States. Hovnanian does not represent that this Site is appropriate or available for use in other countries. If you choose to visit this Site from another country, you do so at your own initiative, with the understanding that information collected from this Site may be stored, collected and used in a country whose privacy laws may be different from and less protective than those of your home country.
Information About You
We collect several types of information on our Site. We collect "Personal Information," which is information that is used by Hovnanian to identify you individually, such as your name and address. We also collect "Aggregate Information," which is information that does not contain Personal Information or from which Personal Information is removed. An example of Aggregate Information is information about use of our Site, such as pages visited on our Site. "Financial Information" means financial information collected during the online mortgage or loan application process. Financial Information is collected and used in accordance with the policies outlined in the K. Hovnanian American Mortgage, LLC. Privacy Notice . The information we collect depends on what services you use on our Site. The following is a more detailed explanation of these types of information as well as when and how we collect and use them.
Personal and Non-Personal Information:
Email Services. If you provide us with your email address and opt in to any email notification features that Hovnanian may now have or may develop in the future, you will receive email updates from Hovnanian. Hovnanian provides users the opportunity to opt out of receiving communications from Hovnanian by replying to the email sent with the word "unsubscribe" as the subject line.
Order Forms. Our Site uses forms for you to request information, products and services and to submit resumes. We may collect financial information such as your mortgage amount on forms when you request certain information. If we do so, we may share this transactional information with other entities as is necessary to process your orders.
Surveys. From time to time, we may collect information through online surveys, questionnaires or information requests on our Site. These surveys may request demographic information (such as age range, gender, areas of interest) and customer feedback. Participation in these requests is completely voluntary and with each request you will have the choice of whether or not to disclose information. We may use such survey information to analyze our Site and to improve users' overall experience on our Site.
Administrative Purpose. We may collect and use information that identifies you personally when you submit comments, questions or suggestions through our Site. For example, if you submit questions to firstname.lastname@example.org or submit order forms we will use the information you provide to respond to you. We also may collect and use your information to contact you when necessary for administrative purposes related to your account or orders.
Resumes. If you submit your resume to us or complete a form related to a job opening on our Site, we may use the information to contact you, in our sole discretion, or we may store it in our files in a manner consistent with the way we store other information related to job applications.
Disclosure of Your Personal, Financial and Aggregate Information:
Hovnanian does not sell or disclose Personal Information without consent except as set forth below. We may disclose, or otherwise dispose of Personal Information we collect in the following circumstances:
• Consultants. Occasionally, we may hire consultants that may need access to our customer database to perform their services for us, such as administering our mailing lists. We require that our vendors, consultants and contractors keep Personal Information confidential and use it only in accordance with the service agreement between Hovnanian and such contractor, vendor or consultant.
• Transaction Processing. When you indicate that you want to receive a product or service (such as title insurance, free brochures or mortgage pre-approval), or contact a person or organization, we share the data needed for you to receive the goods or services you have requested
• Legal Requirements. We may disclose personal information if required to do so by law or in the good faith belief that such action is reasonably necessary to: (a) conform with the law, respond to claims or comply with legal process served on Hovnanian or the Site; or (b) protect and defend our rights or property, the Site, our employees, guests or the public.
• Company Sale. Because information collected through the Site and services is a trade secret and asset of Hovnanian, we may disclose or sell such information in the event of the sale of the company or some or all of its assets.
• Jobs. When you submit your resume or other information in connection with a job opening at Hovnanian, we may disclose or transfer personal information and other information you submit to employees and consultants involved in the recruiting and hiring of job applicants.
We collect "Aggregate Information" about you and your use of our Site whenever you visit us online. For instance, we may collect various forms of "click stream" information such as entry and exit points for our Site (i.e., referring URLs or domains), site traffic statistics, page views, impressions, and operating system and browser type. In addition, when users request pages on our Site, our servers automatically log their IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web.
We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all Aggregate Information.
If we do correlate any Aggregate Information to you, such information will be treated like any other personal information under this policy.
We may make use of "cookies" on our Site. Cookies are small text files that are stored on a user's computer by a Web server based on the permissions set in a user's browser software. A cookie itself is not designed or intended to read any information from a user's computer (other than the contents of the cookie); rather, it is an identifier used by the Web site that originally placed it on your hard drive. The actual contents of the cookie information can be retrieved by the same server to identify the computer and subsequently to customize, monitor, or regulate the use of a site based on information stored in the cookie and the host server. Therefore, cookies only identify the user's computer to the Web site that may correlate other information, including personal information, with the cookie.
Cookies allow us to automate access and data entry functions of our Site such as login information, correlate online ordering information for purchases you may make while at the Site (if any), tailor the Site to your preferences or interests, or customize promotions or marketing. In addition, cookies allow us to track usage of the Site to determine which areas are useful or popular and which are not, thereby enabling us to improve and update the Site effectively.
Some portions of our site may use web beacons in conjunction with cookies to understand user behavior. A web beacon is an electronic image, called a single-pixel (1x1) or clear GIF. Web beacons can recognize certain types of information on a visitor's computer, such as a visitor's cookie number, time and date of a page view and a description of the page where the web beacon is placed. Some Web beacons may be unusable if you elect to reject their associated cookies.
Hovnanian uses reasonable efforts to store and maintain personal information to protect it from loss, misuse, alternation or destruction by any unauthorized party. No financial information or social security information is stored on or otherwise accessible through our Site. When we do transmit your data, we use only Secure Servers using current encryption technology to encode your data safely. The personal data stored on our system is protected by a firewall designed to keep unauthorized users from accessing our network.
While on the Hovnanian Site, you may be referred to web sites other than our Site ("Outside Sites"). A link from our Site to an Outside Site does not imply endorsement of that site nor any ability to control that site's privacy practices. Be aware that Outside Sites may collect data and personal information and operate according to their own privacy practices. Therefore, you should carefully review the privacy policies of Outside Sites before submitting any Personal Information on them.
To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, the Services are not available for children under the age of 13. Our Site is a general audience site that is not designed nor intended to collect personal information from children under the age of 13. If you are under 13 years old, you should not request any information nor provide any Personal Information to this Site.
This Site provides you the opportunity to opt out of receiving communications from us. To opt out of receiving marketing information or to unsubscribe from any specific email service, email a request to email@example.com .
Information We Maintain or Collect
We maintain and collect nonpublic personal information about you as necessary to provide you with financing for your new home. We also may maintain or collect information about you to provide products, services, and other opportunities that we believe may be of benefit to you. The following are examples of the types of nonpublic personal information we maintain or collect:
• Information that you provided in connection with your loan on applications, other forms, or verbally, such as your name, address, social security number, income, or assets and liabilities.
• Information about your transactions with us, our affiliates, or other parties, such as your payment history, account balance, and parties to transactions.
• Information we receive from consumer reporting agencies, such as your credit worthiness and credit history.
Information Sharing with Third Parties
We do not disclose nonpublic personal information about you to third parties except as permitted or required by law. There are numerous instances in which we are permitted or required to share such information. Some examples include:
• Sharing information with third parties who provide services to us in connection with processing or administering your loan, such as appraisers, mortgage insurance companies and underwriters.
• Sharing information to comply with federal, state or local laws.
• Sharing information to protect you or K Hovnanian from actual or potential fraud.
Confidentiality and Security of Information
We restrict access to nonpublic personal information about you to those employees who need to know that information in order to process or administer your loan and to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
You can learn about Hovnanian's policies regarding the use of this website and our overall commitment to ensuring your privacy by reading the Terms and Conditions of Use