Terms of use

Last Updated on October 21, 2023

Forestar Group, Inc. (referred to herein as “Forestar,” “we,” “us,” or “our”) provides these Terms of Use. Our other affiliates, including D.R. Horton, Inc., provide terms of use on their respective websites. These Terms of Use describe the use of this website (this “Website”), on mobile sites, applications, and mobile interactive features (“Mobile Applications”), on our social media pages (“Social Media Pages”), and in connection with email messages we may send to you. This Website, our Mobile Applications and our Social Media Pages are collectively referred to in these Terms of Use as our “Sites.” As used herein, the words “user,” “you,” and “your” mean individuals who interact with Forestar.

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. However, you may print portions of the Sites in hard copy for your personal home buying purposes, and you may utilize functionality provided on the Sites to post interactive blueprints to social media platforms.

YOUR USE OF THE SITES.
By creating an online account on our Sites (“Account”), you agree that you will keep your username and password secure and not share them with others. Your creation and use of an Account is subject to these Terms of Use, and you are responsible for all activities that occur under your Account or password.

When you use or visit our Sites, submit content to us, or post or submit any content on our Sites, you grant Forestar an unlimited, non-exclusive, worldwide, non-revocable, perpetual license to reproduce, duplicate, transmit, display, publish, create derivative works, sublicense, and otherwise use any such information for any lawful purpose whatsoever, including marketing, and you agree to hold us harmless with respect thereto.

FAIR HOUSING.

Forestar and its affiliates conduct business in accordance with all applicable federal, state, and local fair housing laws. It is our policy to provide equal professional service to all persons regardless of race, color, religion, sex, handicap, familial status, or national origin. Models do not reflect a preference for homebuyers.

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 material on our Sites infringes your copyright, you or your agent may send us a notice requesting us to remove or block the material. Notices must meet the requirements of the DMCA. Notices may be sent to us at: Forestar Group, Inc., Attn: Corporate Counsel, 2221 E. Lamar Blvd., Suite 790, Arlington, TX 76006. There are penalties for false claims under the DMCA.

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 the content of the Sites is error free or its service in providing the Sites will be uninterrupted. Your use of the Sites is at your own risk. You agree 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 GROUP, 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 THEY 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.

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.

Forestar products, services and offers may not be available in your state or community. 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.

We may update these Terms of Use from time to time and without prior notice to you. We will indicate at the top of the policy when it was most recently updated. Your use of our Sites after changes have become effective 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: Corporate Counsel, 2221 E. Lamar Blvd., Suite 790, Arlington, TX 76006.

EFFECTIVE DATE.

These Terms of Use are effective as of the date of the last update as set forth at the top of these Terms of Use.