TERMS AND CONDITIONS OF USE OF THIS WEBSITE

Updated March 2024

These Terms and Conditions, as may be amended from time to time (hereafter, “Terms”), govern your use of this website and the materials accessible on or from this website (collectively, the “Website”). All users (“Users”) of this Website agree that access to and use of this Website is subject to the Terms. K. Hovnanian Companies, LLC or its affiliates (“Hovnanian“, “us” or “we“) provides this Website to you (“You” or “Your”) and each user (“User”) subject to these Terms, other applicable laws, and Hovnanian’s other policies, including our Privacy Policy.

You accept these Terms by accessing or using this Website in any manner, even if You do not create an Account at this Website. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506), we do not knowingly provide products or services to children under the age of 18. This Website is a general audience site that is not designed nor intended to collect personal information from children. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. If You are using this Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.

SECTION 18 OF THIS TERMS AND CONDITIONS OF USE AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.

Hovnanian may change these Terms at any time. This is the most current version of these Terms. By continuing to access or use this Website, You accept any changes or revisions to the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.

1. General Terms and Conditions
   
   The Terms apply to use of this Website by You and all Users. By accessing or using the Website, You and all Users agree to be bound by the Terms. Hovnanian provides the information, services, text, graphic, links or other material on this Website to You and all Users conditioned on Your acceptance without modification of the Terms. The information offered on this Website is provided with the understanding that neither Hovnanian nor any of its affiliated entities is engaged in rendering legal or other professional services or advice. The use of the Website is subject to the additional disclaimers, caveats and notices that may appear throughout the Website.
   
   
2. License to Use this Website
   
   Hovnanian grants You a personal, non-exclusive, non-transferable, limited and revocable license to use this Website subject to the Terms. You may use this Website and information acquired from this Website for Your own personal, non-commercial, lawful purposes. You may not use this Website in a manner that exceeds the rights granted for Your use.
   
   Other than connecting to this Website by http or https request using a web browser, You may not attempt to access Hovnanian’s servers or this Website by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to Hovnanian’s servers or this Website. You may not use this Website to compile data for use by any commercial entity.
   
   You agree not to disrupt, modify or interfere with this Website, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of this Website. You further agree not to alter or tamper with any information or materials on or associated with this Website.
   
   The Website and all rights therein are and will remain with Hovnanian or one of our affiliates. You may view, copy or print a single copy of any page from the Website for personal, non-commercial purposes if you do not remove, modify or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other content from the Website without our express, prior, written consent. YOU MAY NOT USE ANY PORTION OF THE WEBSITE FOR ANY COMMERCIAL PURPOSE. Any special rules for any software, audio files, video files, downloads and other items accessible through the Website may be included elsewhere in the Website and are incorporated into these Terms by reference.
   
   You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, or any aspect of it, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software (including the tools, processes, methods and infrastructure) that enables or underlies the Website, except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website; (v) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (vi) attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers or networks; (vii) use the Website to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (viii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (ix) use any portion of the Website or any content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
   
   
3. Assignments
   
   Hovnanian may assign this agreement at any time without notice to You and/or its Users. You may not assign this agreement to anyone else, and any attempt to assign shall be void.
   
   
4. Equal Housing Opportunity
   
   All real estate information provided herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination.” Your state or local jurisdiction may impose additional requirements. Hovnanian is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. Hovnanian encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin. All dwellings within the United States advertised by Hovnanian’s affiliated entities are available on an equal opportunity basis.
   
   
5. Informational Purposes Only
   
   The content provided on this Site is intended for informational purposes only and is not intended to be a legally binding offer or solicitation. Hovnanian assumes no responsibility or liability for any actions taken as a result of using this Website, or for errors or omissions in content. Hovnanian has no duty to keep the Website updated.
   
   
6.  Privacy Policy
   
   Hovnanian maintains a Privacy Policy describing its collection, retention, and use of information about users of this Website which incorporated by reference as though fully set forth herein. This policy can be accessed here, and is incorporated herein by reference. The Privacy Policy contains policies and practices regarding Your information and how Hovnanian will treat it. If You do not agree with our policies and practices, Your choice is not to use our Website. By accessing or using this Website, You agree to this Privacy Policy. This policy may change from time to time, as set forth in the Privacy Policy. Your continued use of this Website after Hovnanian makes changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.
   
   Hovnanian respects Your privacy and is committed to protecting it through compliance with the Hovnanian Privacy Policy. In addition, the Privacy Policy includes additional rights for California residents as it pertains to use of their personal information. The Privacy Policy is designed to comply with the California Consumer Privacy Act of 2018 (CCPA).
   
   
7. Links to Other Websites
   
   You may find links to other Internet sites or resources on this Website that offer content, goods, or services. A link from this Website to a third party website does not imply endorsement of that website nor any ability to control that site’s contents, products or privacy practices. You acknowledge and agree that Hovnanian has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; the availability or accuracy of any content, the appropriateness or inappropriateness of any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.
   
   
8. Hovnanian’s Intellectual Property – Service and Trade Marks
   
   The entire content of information on this Website, including without limitation all images, videos, design, text, images, screen displays, software, photographs, press releases and other information, are copyrighted as a collective work and protected under the United States and other copyright laws, and are owned by Hovnanian and/or used under license or permission from the copyright owner, and are protected under U.S. and international intellectual property laws.
   
   Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
   
   You agree not to reproduce, distribute, display or create derivative works of any part of this Website or any information presented to You through this Website, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on this Website, framing content from this Website, or creating any unauthorized derivative work. The information contained in this Website may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Hovnanian’s prior written consent, except to the extent that such use is authorized under U.S. or other intellectual property laws. Hovnanian’s logos, images, service marks and trademarks used on the Website are owned property of Hovnanian and may not be used without prior written consent of authorized Hovnanian officers.
   
   Hovnanian uses third party trademarks on this Website to identify the owners of those marks. Use of any third party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and this Website. All third party trademarks and logos are the property of their respective owners.
   
   
9. Submission of Confidential Information and Ideas
   
   From time to time, Users submit ideas to Hovnanian, by email, social media, or in the course of a customer service interaction, for improving this Website or Hovnanian’s services. Hovnanian has no obligation to treat this material as confidential information as stated in the Privacy Policy. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to Hovnanian.
   
   
10. Intellectual Property Claims
    

    If You believe that Your copyright has been infringed in any way by this Website, promptly provide in writing the following information to our Digital Millennium Copyright Act (17 U.S.C. §512) Designated Agent:

    1. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
       2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
       3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hovnanian to locate the material;
       4. Information reasonably sufficient to permit Hovnanian to contact You, such as an address, telephone number and e-mail address;
       5. A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
       6. A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    
    The Designated Agent for this Website is:
    
    Hovnanian Companies, LLC
    Attention: Corporate Legal Department
    90 Matawan Rd, 5th Floor
    Matawan, NJ 07747
    Or fax to: (732) 383-2941, Attn: Corporate Legal DepartmentIf

    You believe that Your other intellectual property or publicity rights have been infringed in any way by this Website, please provide a detailed description of the alleged infringement for further investigation via e-mail to privacy@khov.com. Hovnanian’s actions in receiving, investigating, or responding to Your e-mail shall not constitute Hovnanian’s agreement or verification of Your claim(s) nor any admission of liability therefor. Hovnanian makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.
    
    

11. Notification

    Any notices to be given to Hovnanian under these Terms shall be made in writing to privacy@khov.com or to the following address:

    Hovnanian Companies, LLC
    Attention: Corporate Legal Department
    90 Matawan Rd, 5th Floor
    Matawan, NJ 07747

    You agree that Hovnanian can send You electronic notices to the e-mail address that You provided to Hovnanian in creating Your Account or by displaying the notice on this Website. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that Hovnanian may deliver notice to you by written communication delivered by first class U.S. mail or courier service to your address on record in Your Account.

12. User Account, Password and Security

    To the extent that a user account is created by you to access and use the Website (“User Account”), the following will apply:

    To access certain features and/or content available through the Website, we may require that You sign up using your email address and a password to create a User Account. If You do not create a User Account, You may not have access to certain functionality of the Website. We use reasonable precautions to protect the privacy of Your username, password, and User Account information. You, however, are ultimately responsible for protecting Your username, password, and User Account information from disclosure to third parties, and You are not permitted to circumvent the use of required encryption technologies, if any. You agree to (i) immediately notify us of any unauthorized use of Your username, password, or User Account, or any other breach of security; (ii) ensure that You exit from Your User Account at the end of each session; and (iii) use a security passcode to secure Your device where Your User Account information is stored. While we may provide certain encryption technologies and use other reasonable precautions to protect Your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. Any transmission of personal information is at your own risk.

    In creating and using Your User Account, You agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Website, including, but not limited to, Your full name, email address, and zip code (such information being the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate Your User Account and refuse any and all current or future use of Your User Account.

    User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her username and password. You agree that You are solely responsible for activity that occurs under Your User Account. We are entitled to act on all instructions received by anyone using Your User Account, and we reserve the right to pursue any and all claims against any user of Your User Account.

    We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) You request such deactivation; (ii) You are deceased; (iii) You do not respond to repeated communication attempts regarding the status of Your User Account; (iv) You fail to make payments related to Your User Account (if applicable); (v) You reside in or relocate to a country where use of a User Account is prohibited under applicable law; or (vi) You act in a fraudulent or inappropriate manner while using the User Account. You will be responsible for all charges incurred up until the time the account in deactivated, if applicable.

    We may retain User Account information and some automatically collected information for as long as You use Your User Account and for a reasonable time thereafter, and as required by applicable law. If You would like us to delete Your User Account information that you have provided, please contact us a privacy@khov.com and we will respond in a reasonable time. Information that You enter in the Website will generally remain there until we receive a legitimate request to remove it.

13. No Representations or Warranties.

    Hovnanian makes no representation or warranty of any kind with respect to the materials and information contained on this Website.

    YOU USE THIS WEBSITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM THIS WEBSITE, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF HOVNANIAN HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOVNANIAN PROVIDES THIS WEBSITE, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND HOVNANIAN SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

    YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO THE USE OF, OR THE MATERIAL ON, THE WEBSITE SHALL BE TO DISCONTINUE ACCESSING THE WEBSITE AND CEASE FROM USING THE INFORMATION OR MATERIAL OBTAINED.

    YOU AGREE THAT HOVNANIAN SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF, OR RELIANCE UPON THE WEBSITE OR ANY OF ITS CONTENT.

    NO INFORMATION OR ADVICE PROVIDED ON THIS WEBSITE BY HOVNANIAN, OR BY HOVNANIAN’S EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY.

    HOVNANIAN MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:

    1. 1. AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT;

       2. THAT THIS WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE;

       3. THAT THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;

       4. AS TO THE QUALITY OR VALUE OF ANY OF HOVNANIAN’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU OBTAIN VIA THE WEBSITE; OR

       5. THAT ANY ERRORS ON THIS WEBSITE WILL BE CORRECTED.

14. Limitation of Liability

    To the fullest extent permitted by applicable law, Hovnanian, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors and assigns, shall have no liability, relating to Your use of or access to (or inability to access) this Website, your use of any information or material contained therein, for:

    1. Any and all claims for damages for actual, consequential, incidental, exemplary, special, or punitive damages even if Hovnanian is advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or

    2. For direct damages, actually proven , exceeding US$1,000.00. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

       Hovnanian reserves the right, at any time, in Hovnanian’s sole and exclusive discretion, to amend, modify, suspend, or terminate this Website, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Hovnanian shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

       TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL HOVNANIAN BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY, AND HOVNANIAN DISCLAIMS ANY AND ALL, DAMAGES, LOSSES, CLAIMS, LIABILITIES, PENALTIES, COSTS, EXPENSES AND ATTORNEYS' FEES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN ANY WAY RELATING TO OR ARISING FROM THE USE OR MISUSE OF THE WEBSITE.

15. Indemnification

    You agree to defend, indemnify, and hold Hovnanian, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of this Website.

    Hovnanian reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify Hovnanian. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from Hovnanian.

    
    

16. Choice of Law and Venue for Resolving Disputes

    The internal laws of the State of New Jersey govern this contract and any claims relating to the materials on this Website or dispute that You may have against us, without regard to its conflict of laws rules.

    The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

    BY AGREEING TO THESE TERMS YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST HOVNANIAN BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF NEW JERSEY OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US THAT ARE NOT COVERED BY THE BINDING ARBITRATION PROVISIONS OF SECTION 18; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN MONMOUTH COUNTY, NEW JERSEY FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

17. NETWORK ACCESS AND DEVICES

    You are responsible for obtaining the data network access necessary to use the Website. If You are accessing the Website on Your mobile device, Your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website and any updates thereto. We do not guarantee that the Website, or any portion thereof, will function on any particular hardware or devices. In addition, the Website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

18. Binding Arbitration

    18.1 Arbitration. ANY CLAIMS, DISAGREEMENTS, OR DISPUTES RELATING TO THE SOURCES OR THIS PRIVACY POLICY, INCLUDING WITHOUT LIMITATION THE COLLECTION, USE, DISCLOSURE (WHETHER VOLUNTARY, UNINTENTIONAL OR AS A RESULT OF UNAUTHORIZED ACCESS) OR STORAGE OF YOUR PERSONAL INFORMATION, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA). ANY RIGHTS YOU MAY HAVE WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. YOU ARE THUS WAIVING YOUR CONSTITUTIONAL RIGHT TO HAVE ANY CLAIMS, DISAGREEMENTS, OR DISPUTES DECIDED IN COURT BEFORE A JURY OR JUDGE, AND INSTEAD ARE ACCEPTING THE USE OF BINDING ARBITRATION. THE ARBITRATION SHALL TAKE PLACE IN THE STATE OF NEW JERSEY, UNLESS YOU REQUEST, IN WRITING, A DIFFERENT LOCATION REASONABLY RELATED TO THE CLAIMS, DISAGREEMENTS, OR DISPUTES AND IN WHICH STATE WE MAINTAIN A PHYSICAL BUSINESS OFFICE. THE ARBITRATION SHALL BE CONDUCTED BY ONE ARBITRATOR WHO IS SELECTED PURSUANT TO THE RULES OF THE AAA FROM THE AAA ROSTER OF ARBITRATORS, USING THE AAA ARBITRATOR SELECT LIST AND APPOINTMENT. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND JUDGMENT UPON THE AWARD SHALL BE ENTERED IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW JERSEY, OR IN THE STATE IN WHICH THE ARBITRATION TAKES PLACE. THE ARBITRATION SHALL NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, NOR CAN YOU PROCEED IN THE ARBTRATION ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES. YOU ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION BROUGHT IN COURT, OR TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. EACH PARTY WILL BEAR ITS OWN ATTORNEYS’ FEES AND COSTS IN CONNECTION WITH ANY ARBITRATION, AND ANY COURT PROCEEDING IN CONNECTION WITH THE ENFORCEMENT OF THIS ARBITRATION PROVISION OR ENTRY OF JUDGMENT ON AN ARBITRAL AWARD. ANY DISPUTES REGARDING THIS ARBITRATION PROVISION SHALL BE RESOLVED BY THE ARBITRATOR. THIS PRIVACY POLICY IS GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, AND CHOICE OF LAW PRINCIPLES SHALL NOT APPLY.
    
    BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND HOVNANIAN HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

    18.2. Location. The arbitration will be conducted in New Jersey, unless the parties agree to video, phone and/or internet connection appearances.

    18.3. Limitations. You and Hovnanian agree that any arbitration will be limited to the Claim between Hovnanian and You individually. YOU AND HOVNANIAN AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.

    18.4. Exceptions to Arbitration. You and Hovnanian agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of Your or Hovnanian’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.

    18.5. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to AAA. All other fees and costs of the arbitration will be charged pursuant to the AAA Rules.

    18.6. Severability. You and Hovnanian agree that if any portion this Section is found illegal or unenforceable, except any portion of Section 18.3, that portion will be severed and the remainder of the Section will be given full force and effect. If Section 18.3 is found to be illegal or unenforceable, then neither You nor Hovnanian will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within Monmouth County, New Jersey and You and Hovnanian agree to submit to the personal jurisdiction of that court.

    EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.

19. Severability

    If any term of this Agreement is declared unlawful, void or unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of the remaining terms.

20. Termination of Service

    We may suspend or terminate Your right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.

21. Export Restrictions

    Any software and all underlying information and technology downloaded or viewed from the Website or in connection with the services by You may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other country. You are solely responsible for complying with all trade regulations and law, both foreign and domestic, in Your use and viewing of the Website, the content and any of our products or services. Except as authorized by law, You agree not to export or re-export the services to any country, or to any person, entity or end user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You represent and warrant the no U.S. federal agency has suspended, revoked, or denied Your export privileges.

22. Entire Agreement

    These Terms and any policies posted on this Website constitute the entire contract between You and Hovnanian and supersede all previous written or oral contracts regarding this Website and its usage. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

HOVNANIAN AMERICAN MORTGAGE, LLC. - TERMS AND CONDITIONS

Updated May 2024

These Terms and Conditions, as may be amended from time to time (hereafter, “Terms”), govern your use of this website and the materials accessible on or from this website (collectively, the “Website”). All users (“Users”) of this Website agree that access to and use of this Website is subject to the Terms.  K. Hovnanian American Mortgage, LLC (“KHAM“, “us” or “we“) provides this Website to you (“You” or “Your”) and each user (“User”) subject to these Terms, other applicable laws, and KHAM’s other policies, including our Privacy Policy.

You accept these Terms by accessing or using this Website in any manner, even if You do not create an Account at this Website. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506), we do not knowingly provide products or services to children under the age of 18. This Website is a general audience site that is not designed nor intended to collect personal information from children. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement.  If You are using this Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.

SECTION 18 OF THIS TERMS AND CONDITIONS OF USE AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER.THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.

KHAM may change these Terms at any time. This is the most current version of these Terms. By continuing to access or use this Website, You accept any changes or revisions to the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.

1. General Terms and Conditions

The Terms apply to use of this Website by You and all Users. By accessing or using the Website, You and all Users agree to be bound by the Terms.   KHAM provides the information, services, text, graphic, links or other material on this Website to You and all Users conditioned on Your acceptance without modification of the Terms.   The information offered on this Website is provided with the understanding that neither KHAM nor any of its affiliated entities is engaged in rendering legal or other professional services or advice.  The use of the Website is subject to the additional disclaimers, caveats and notices that may appear throughout the Website.    

2. License to Use this Website

KHAM grants You a personal, non-exclusive, non-transferable, limited and revocable license to use this Website subject to the Terms.  You may use this Website and information acquired from this Website for Your own personal, non-commercial, lawful purposes. You may not use this Website in a manner that exceeds the rights granted for Your use. 

OTHER THAN CONNECTING TO THIS WEBSITE BY HTTP OR HTTPS REQUEST USING A WEB BROWSER, YOU MAY NOT ATTEMPT TO ACCESS KHAM’S SERVERS OR THIS WEBSITE BY ANY MEANS.IN PARTICULAR, YOU ARE PROHIBITED FROM SCRAPING, CRAWLING, DATA-MINING, OR USING ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE TO SEND QUERIES TO KHAM’S SERVERS OR THIS WEBSITE.YOU MAY NOT USE THIS WEBSITE TO COMPILE DATA FOR USE BY ANY COMMERCIAL ENTITY.

YOU AGREE NOT TO DISRUPT, MODIFY OR INTERFERE WITH THIS WEBSITE, OR ITS ASSOCIATED SOFTWARE, HARDWARE, AND SERVERS IN ANY WAY.  YOU AGREE NOT TO IMPEDE OR INTERFERE WITH OTHERS’ USE OF THIS WEBSITE.YOU FURTHER AGREE NOT TO ALTER OR TAMPER WITH ANY INFORMATION OR MATERIALS ON OR ASSOCIATED WITH THIS WEBSITE.

The Website and all rights therein are and will remain with KHAM or one of our affiliates. You may view, copy or print a single copy of any page from the Website for personal, non-commercial purposes if you do not remove, modify or alter any copyright or proprietary rights notices that may be present.  You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other content from the Website without our express, prior, written consent.  YOU MAY NOT USE ANY PORTION OF THE WEBSITE FOR ANY COMMERCIAL PURPOSE. Any special rules for any software, audio files, video files, downloads and other items accessible through the Website may be included elsewhere in the Website and are incorporated into these Terms by reference.

You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, or any aspect of it, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software (including the tools, processes, methods and infrastructure) that enables or underlies the Website, except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website; (v) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (vi) attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers or networks; (vii) use the Website to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (viii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (ix) use any portion of the Website or any content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.

3. Assignments

KHAM may assign this agreement at any time without notice to You and/or its Users. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

4. Equal Housing Opportunity

All real estate information provided herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination.”  Your state or local jurisdiction may impose additional requirements. KHAM is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. KHAM encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin.  All dwellings within the United States advertised by KHAM’s affiliated entities are available on an equal opportunity basis.

5. Informational Purposes Only

The content provided on this Site is intended for informational purposes only and is not intended to be a legally binding offer or solicitation. KHAM assumes no responsibility or liability for any actions taken as a result of using this Website, or for errors or omissions in content.  KHAM has no duty to keep the Website updated. 

6. Privacy Policy

KHAM maintains a Privacy Policy describing its collection, retention, and use of information about users of this Website which incorporated by reference as though fully set forth herein.  This policy can be accessed here Privacy Policy, and is incorporated herein by reference. The Privacy Policy contains policies and practices regarding Your information and how KHAM will treat it .If You do not agree with our policies and practices, Your choice is not to use our Website. By accessing or using this Website, You agree to this Privacy Policy.  This policy may change from time to time, as set forth in the Privacy Policy. Your continued use of this Website after KHAM makes changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

KHAM respects Your privacy and is committed to protecting it through compliance with the K. Hovnanian American Mortgage, LLC Privacy Policy. In addition, the Privacy Policy includes additional rights for California residents as it pertains to use of their personal information. The Privacy Policy is designed to comply with the California Consumer Privacy Act of 2018 (CCPA).

7. Links to Other Websites

You may find links to other Internet sites or resources on this Website that offer content, goods, or services.  A link from this Website to a third party website does not imply endorsement of that website nor any ability to control that site’s contents, products or privacy practices. You acknowledge and agree that KHAM has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; the availability or accuracy of any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.

8. KHAM’s Intellectual Property – Service and Trade Marks

The entire content of information on this Website, including without limitation all images, videos, design, text, images, screen displays, software, photographs, press releases and other information, are copyrighted as a collective work and protected under the United States and other copyright laws, and are owned by KHAM and/or used under license or permission from the copyright owner, and are protected under U.S. and international intellectual property laws.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

You agree not to reproduce, distribute, display or create derivative works of any part of this Website or any information presented to You through this Website, in whole or in part.  This prohibition includes unauthorized copying or distribution of any of the content displayed or used on this Website, framing content from this Website, or creating any unauthorized derivative work.  The information contained in this Website may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without KHAM’s prior written consent, except to the extent that such use is authorized under U.S. or other intellectual property laws.  KHAM’s logos, images, service marks and trademarks used on the Website are owned property of KHAM and may not be used without prior written consent of authorized KHAM officers.

KHAM uses third party trademarks on this Website to identify the owners of those marks.Use of any third party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and this Website.  All third party trademarks and logos are the property of their respective owners.

9. Submission of Confidential Information and Ideas

From time to time, Users submit ideas to KHAM, either by email or in the course of a customer service interaction, for improving this Website or KHAM’s services. KHAM has no obligation to treat this material as confidential information as stated in the Privacy Policy. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to KHAM.

10. Intellectual Property Claims

If You believe that Your copyright has been infringed in any way by this Website, promptly provide in writing the following information to our Digital Millennium Copyright Act (17 U.S.C. §512) Designated Agent:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KHAM to locate the material;
4. Information reasonably sufficient to permit KHAM to contact You, such as an address, telephone number and e-mail address;
5. A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for this Website is:

Hovnanian American Mortgage, LLC

Attention: Corporate Legal Department

90 Matawan Rd, 5th Floor

Matawan, NJ 07747

Or fax to: (732) 383-2941 , Attn: Corporate Legal Department

If You believe that Your other intellectual property or publicity rights have been infringed in any way by this Website, please provide a detailed description of the alleged infringement for further investigation via e-mail to privacy@khov.com .KHAM’s actions in receiving, investigating, or responding to Your e-mail shall not constitute KHAM’s agreement or verification of Your claim(s) nor any admission of liability therefor. KHAM makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.

11. Notification

Any notices to be given to KHAM under these Terms shall be made in writing to privacy@khov.com or to the following address:

Hovnanian American Mortgage, LLC

Attention: Corporate Legal Department

90 Matawan Rd, 5th Floor

Matawan, NJ 07747

You agree that KHAM can send You electronic notices to the e-mail address that You provided to KHAM in creating Your Account or by displaying the notice on this Website. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.  You further agree that KHAM may deliver notice to you by written communication delivered by first class U.S. mail or courier service to your address on record in Your Account.

12. User Account, Password and Security

To the extent that a user account is created by you to access and use the Website (“User Account”), the following will apply:

To access certain features and/or content available through the Website, we may require that You sign up using your email address and a password to create a User Account. If You do not create a User Account, You may not have access to certain functionality of the Website. We use reasonable precautions to protect the privacy of Your username, password, and User Account information. You, however, are ultimately responsible for protecting Your username, password, and User Account information from disclosure to third parties, and You are not permitted to circumvent the use of required encryption technologies, if any. You agree to (i) immediately notify us of any unauthorized use of Your username, password, or User Account, or any other breach of security; (ii) ensure that You exit from Your User Account at the end of each session; and (iii) use a security passcode to secure Your device where Your User Account information is stored.  While we may provide certain encryption technologies and use other reasonable precautions to protect Your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. ANY TRANSMISSION OF PERSONAL INFORMATION IS AT YOUR OWN RISK.

In creating and using Your User Account, You agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Website, including, but not limited to, Your full name, email address, and zip code (such information being the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.  If You provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate Your User Account and refuse any and all current or future use of Your User Account.

User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her username and password. You agree that You are solely responsible for activity that occurs under Your User Account.  We are entitled to act on all instructions received by anyone using Your User Account, and we reserve the right to pursue any and all claims against any user of Your User Account.

We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) You request such deactivation; (ii) You are deceased; (iii) You do not respond to repeated communication attempts regarding the status of Your User Account; (iv) You fail to make payments related to Your User Account (if applicable); (v) You reside in or relocate to a country where use of a User Account is prohibited under applicable law; or (vi) You act in a fraudulent or inappropriate manner while using the User Account. You will be responsible for all charges incurred up until the time the account in deactivated, if applicable.

We may retain User Account information and some automatically collected information for as long as You use Your User Account and for a reasonable time thereafter, and as required by applicable law.  If You would like us to delete Your User Account information that you have provided, please contact us a privacy@khov.com and we will respond in a reasonable time. Information that You enter in the Website will generally remain there until we receive a legitimate request to remove it.

13. No Representations or Warranties.

KHAM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE MATERIALS AND INFORMATION CONTAINED ON THIS WEBSITE.

YOU USE THIS WEBSITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM THIS WEBSITE, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF KHAM HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KHAM PROVIDES THIS WEBSITE, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND KHAM SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO THE USE OF, OR THE MATERIAL ON, THE WEBSITE SHALL BE TO DISCONTINUE ACCESSING THE WEBSITE AND CEASE FROM USING THE INFORMATION OR MATERIAL OBTAINED.

YOU AGREE THAT KHAM SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF, OR RELIANCE UPON THE WEBSITE OR ANY OF ITS CONTENT.

NO INFORMATION OR ADVICE PROVIDED ON THIS WEBSITE BY KHAM, OR BY KHAM’S EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY.

KHAM MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:

1. 1. AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT;
   2. THAT THIS WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
   3. THAT THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;
   4. AS TO THE QUALITY OR VALUE OF ANY OF KHAM’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU OBTAIN VIA THE WEBSITE; OR
   5. THAT ANY ERRORS ON THIS WEBSITE WILL BE CORRECTED.

14. Limitation of Liability

To the fullest extent permitted by applicable law, KHAM, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors and assigns, shall have no liability, relating to Your use of or access to (or inability to access) this Website, your use of any information or material contained therein, for:

1. Any and all claims for damages for actual, consequential, incidental, exemplary, special, or punitive damages even if KHAM is advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or
2. For direct damages, actually proven, exceeding US$1,000.00. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

KHAM reserves the right, at any time, in KHAM’s sole and exclusive discretion, to amend, modify, suspend, or terminate this Website, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice.  KHAM shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL KHAM BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY, AND KHAM DISCLAIMS ANY AND ALL, DAMAGES, LOSSES, CLAIMS, LIABILITIES, PENALTIES, COSTS, EXPENSES AND ATTORNEYS' FEES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN ANY WAY RELATING TO OR ARISING FROM THE USE OR MISUSE OF THE WEBSITE. 

15. Indemnification

You agree to defend, indemnify, and hold KHAM, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of this Website.

KHAM reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify KHAM. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from KHAM.

16. Choice of Law and Venue for Resolving Disputes

The internal laws of the State of New Jersey govern this contract and any claims relating to the materials on this Website or dispute that You may have against us, without regard to its conflict of laws rules.

The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

BY AGREEING TO THESE TERMS YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST KHAM BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF NEW JERSEY OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US THAT ARE NOT COVERED BY THE BINDING ARBITRATION PROVISIONS OF SECTION 18; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN MONMOUTH COUNTY, NEW JERSEY FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

17. NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Website.  If You are accessing the Website on Your mobile device, Your network’s data and messaging rates and fees may apply.  You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website and any updates thereto. We do not guarantee that the Website, or any portion thereof, will function on any particular hardware or devices. In addition, the Website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications

18. Binding Arbitration

18.1 Arbitration. ANY CLAIMS, DISAGREEMENTS, OR DISPUTES RELATING TO THE SOURCES OR THIS PRIVACY POLICY, INCLUDING WITHOUT LIMITATION THE COLLECTION, USE, DISCLOSURE (WHETHER VOLUNTARY, UNINTENTIONAL OR AS A RESULT OF UNAUTHORIZED ACCESS) OR STORAGE OF YOUR PERSONAL INFORMATION, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA). ANY RIGHTS YOU MAY HAVE WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. YOU ARE THUS WAIVING YOUR CONSTITUTIONAL RIGHT TO HAVE ANY CLAIMS, DISAGREEMENTS, OR DISPUTES DECIDED IN COURT BEFORE A JURY OR JUDGE, AND INSTEAD ARE ACCEPTING THE USE OF BINDING ARBITRATION. THE ARBITRATION SHALL TAKE PLACE IN THE STATE OF NEW JERSEY, UNLESS YOU REQUEST, IN WRITING, A DIFFERENT LOCATION REASONABLY RELATED TO THE CLAIMS, DISAGREEMENTS, OR DISPUTES AND IN WHICH STATE WE MAINTAIN A PHYSICAL BUSINESS OFFICE. THE ARBITRATION SHALL BE CONDUCTED BY ONE ARBITRATOR WHO IS SELECTED PURSUANT TO THE RULES OF THE AAA FROM THE AAA ROSTER OF ARBITRATORS, USING THE AAA ARBITRATOR SELECT LIST AND APPOINTMENT. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND JUDGMENT UPON THE AWARD SHALL BE ENTERED IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW JERSEY, OR IN THE STATE IN WHICH THE ARBITRATION TAKES PLACE. THE ARBITRATION SHALL NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, NOR CAN YOU PROCEED IN THE ARBTRATION ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES. YOU ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION BROUGHT IN COURT, OR TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. EACH PARTY WILL BEAR ITS OWN ATTORNEYS’ FEES AND COSTS IN CONNECTION WITH ANY ARBITRATION, AND ANY COURT PROCEEDING IN CONNECTION WITH THE ENFORCEMENT OF THIS ARBITRATION PROVISION OR ENTRY OF JUDGMENT ON AN ARBITRAL AWARD. ANY DISPUTES REGARDING THIS ARBITRATION PROVISION SHALL BE RESOLVED BY THE ARBITRATOR. THIS PRIVACY POLICY IS GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, AND CHOICE OF LAW PRINCIPLES SHALL NOT APPLY.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND KHAM HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

18.2. Location. The arbitration will be conducted in New Jersey, unless the parties agree to video, phone and/or internet connection appearances.

18.3. Limitations. You and KHAM agree that any arbitration will be limited to the Claim between KHAM and You individually. YOU AND KHAM AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.

18.4. Exceptions to Arbitration. You and KHAM agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of Your or KHAM’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.

18.5. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to AAA. All other fees and costs of the arbitration will be charged pursuant to the AAA Rules.

18.6. Severability. You and KHAM agree that if any portion this Section is found illegal or unenforceable, except any portion of Section 18.3, that portion will be severed and the remainder of the Section will be given full force and effect. If Section 18.3 is found to be illegal or unenforceable, then neither You nor KHAM will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within Monmouth County, New Jersey and You and KHAM agree to submit to the personal jurisdiction of that court.

EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.

19. Severability

If any term of this Agreement is declared unlawful, void or unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of the remaining terms.

20. Termination of Service

We may suspend or terminate Your right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.

21. Export Restrictions

Any software and all underlying information and technology downloaded or viewed from the Website or in connection with the services by You may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other country.  You are solely responsible for complying with all trade regulations and law, both foreign and domestic, in Your use and viewing of the Website, the content and any of our products or services.  Except as authorized by law, You agree not to export or re-export the services to any country, or to any person, entity or end user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You represent and warrant the no U.S. federal agency has suspended, revoked, or denied Your export privileges.

22. Entire Agreement

These Terms and any policies posted on this Website constitute the entire contract between You and KHAM and supersede all previous written or oral contracts regarding this Website and its usage.  If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

K. Hovnanian's^® Four Seasons communities are intended to provide housing primarily for residents 55 years of age or older. Additional restrictions, including limitations on the ages of additional permanent and temporary residents of a home, may apply. All K. Hovnanian's^® Four Seasons communities shall be operated as age-restricted communities in compliance with all applicable local, state and federal laws. Limited exceptions for residents 50 years of age or older may apply. See a Community Sales Consultant for details.