Hoopili Terms and Conditions

Terms and Conditions

TERMS OF USE

This web site, is registered to, owned and operated by D.R. Horton, Inc., a Delaware corporation with its headquarters located in Fort Worth, Texas (hereinafter, together with all subsidiaries and affiliates, “Horton or the Company”). By use of this web site, you agree to abide by (hereinafter, the “Agreement”) the following terms and conditions:

RESTRICTION ON USE OF MATERIALS

The material used on this web site is owned by Horton and is provided solely for the personal use of its users. The site contains material: (i) created by Horton and/or its affiliates which is protected by applicable copyright and trademark law, or (ii) used with the consent of its owner or creator. The reproduction, re-creation, retransmission or other use of any of the material on this site, whether text, visual image, audio, video, or computer software, without the express written permission of Horton is expressly prohibited. Further, this site is intended solely for non-commercial use.

LIMITATION OF LIABILITY/DISCLAIMER

Horton does not warrant or make any representations of any kind with respect to the materials contained on this web site. Reliance upon any of the material on this site is at your own peril. Although the Company endeavors to provide accurate information, this site is intended to be for general reference purposes only. The information provided herein does not constitute, and should not be construed to be, an offer or solicitation of sale and shall not be used in any state where prohibited by law or where registration requirements have not been met. Product information, including pricing and availability is subject to change at any time. This web site may contain inaccurate, incomplete, or out-of-date information. Your sole and exclusive remedy for issues relating to the material on this site shall be to discontinue accessing the site and using the information or material obtained. The user and the Company agree that Horton shall not be liable for any damages relating to the use of, or reliance upon, such material.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE D.R. HORTON, INC., ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST), RELATED DIRECTLY OR INDIRECTLY TO, OR ARISING FROM, YOUR ACCESS TO THIS WEB SITE OR THE USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE 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.

You hereby acknowledge and agree that Horton shall not be responsible for any damage to your computer equipment or other property on account of your use of access to or your downloading of any material from the site.

Horton may provide links to other web sites maintained by other third parties. Horton has not reviewed these linked sites, and you hereby acknowledge and agree that Horton shall not be responsible for the content, products or services offered in such sites. Horton neither endorses or guarantees the accuracy of the information contained in any website that is linked to or from this site. Links to other sites and website addresses are provided solely for the convenience of the user.

MISCELLANEOUS PROVISIONS

It is agreed and understood that this Agreement shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Hawai‘i, except to the extent they are superseded or preempted by the laws of the United States. If any provision of this Agreement shall be determined to be invalid, unlawful, void or otherwise not enforceable, the parties agree that the validity or enforceability of the remaining provisions of this Agreement shall remain in full force and effect. It is understood and agreed that this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, representatives, successors and assigns. Horton reserves the right to collect and use information in accordance with its Online Privacy Policy.

TERMINATION

This agreement shall remain in force and effect until terminated by Horton. In the event of termination of this Agreement, restrictions imposed upon you by this Agreement, including all disclaimers, waivers, releases and limitations of liability, shall survive.

Copyright © 2001 - 2007 D.R. Horton, Inc. All Rights Reserved. Terms and Conditions | Privacy Policy D.R. Horton, Inc. These materials may not be copied for commercial use or distribution and may not be framed or posted on other sites.