Terms & Conditions
This document contains the Terms of Use for the RichmondAmerican.com and MDCHoldings.com web sites, Licensing Information for certain entities owned by M.D.C. Holdings, Inc., and various Legal Notices.
Table of Contents
A. Terms of Use
- Acceptance of Terms and Privacy Policy
- General Terms and Conditions
- Disclaimers
- Limitation of Liability
- Indemnification
- Links To and From This Site
- Equal Housing Opportunity
- Richmond American Homes Specifications, Prices, Terms, Renderings and Other Information
- Home Mortgages From HomeAmerican Mortgage Corporation
- Employment
- Notice
- Applicability of Terms of Use
- Governing Law
- Forward Looking Statements
B. Licensing and Regulatory Information
- Richmond American Companies
- HomeAmerican Mortgage Corporation
- American Home Insurance Agency, Inc. (also known as AHI Insurance Agency)
- American Home Title and Escrow Company
C. Legal Notices
A. Terms of Use
1. Acceptance of Terms and Privacy Policy
Thank you for visiting our web site ("Site"). This Site is owned and operated by M.D.C. Holdings, Inc. (“MDC” or “Company”) and consists of information services and content provided by MDC and its affiliates, the Richmond American Homes companies (“RAH Companies”), HomeAmerican Mortgage Corporation, American Home Insurance Agency, Inc. (also known as AHI Insurance Agency) and American Home Title and Escrow Company (collectively, “MDC Companies”), and certain third parties. We maintain our Site as a service to Internet users. Our Site is designed to familiarize you with MDC and the MDC Companies. Information contained on this Site is intended to be informative only, does not constitute legal, tax, accounting, financial or other professional advice and does not constitute a representation or warranty with regard to any homes built by the RAH Companies or communities in which the RAH Companies build homes, or any products or services provided by MDC Companies. The MDC Companies may revise these Terms of Use at any time. This Site is intended for use by persons who are age 18 or older. Persons under age 18 should not use the Site or submit any information to the Site. All users ("Users") of this Site agree that access to and use of this Site are subject to these Terms of Use, the MDC Companies' Privacy Policy, any legal terms found elsewhere on the Site, and to other applicable laws. If you do not agree to these Terms of Use, or to any other legal terms found on the Site, please discontinue use of the Site.
2. General Terms and Conditions
The MDC Companies provide the information, services, text, graphics, links and/or other material (the "Content") on this Site to the User, conditioned on the User's acceptance, without modification, of these Terms of Use. The Content offered on this Site is provided with the understanding that none of the MDC Companies is engaged in rendering legal or other professional services or advice. The use of the Site is subject to the additional disclaimers, conditions, and notices that may appear throughout the Site.
No reproductions or other use of the Content may be made without the express written consent of MDC. User agrees not to sell, copy, reproduce, republish, transmit or distribute any data obtained from this Site or to incorporate data from this Site into any products or services without MDC’s prior written consent.
3. Disclaimers
The MDC Companies and their agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Site. While the MDC Companies strive to keep Content on this Site updated, accurate, and complete, the MDC Companies and their agents will not be responsible for any damages or losses related to the Content. The Content provided on this Site is intended for informational purposes only and is not intended to constitute an offer or solicitation. Prospective purchasers must visit a Richmond American Homes' Sales Office to purchase a home. Despite the efforts of the MDC Companies to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. The MDC Companies assume no responsibility or liability for any actions taken as a result of using this Site, or for errors or omissions in the Content utilized by the MDC Companies in connection with this Site.
THIS SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MDC COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE MDC COMPANIES DO NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THE MDC COMPANIES DO NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MDC COMPANIES SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS SITE, EVEN IF THE MDC COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Indemnification
Users agree to indemnify, defend and hold the MDC Companies and their respective officers, directors, employees and agents harmless from and against any claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or related to i) User’s failure to comply with these Terms of Use; ii) User’s use of this Site or iii) content submitted or posted by User or otherwise provided by User to the MDC Companies.
6. Links To and From This Site
The MDC Companies shall not have responsibility and shall not be liable for the accuracy or availability of information provided by websites which are linked to the Site via hypertext or other computer "Links." Links to external websites are provided merely as a convenience to Users and do not constitute an endorsement by the MDC Companies of such websites or the content, products, advertising, or other materials presented on such websites, including any changes or updates thereto.
7. Equal Housing Opportunity
All real estate or mortgage loan 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. The MDC Companies are pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. The MDC Companies encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing or financing because of race, color, religion, sex, handicap, familial status, or national origin. All financing and dwellings within the United States advertised by the MDC Companies are available on an equal opportunity basis.
8. Richmond American Homes Specifications, Prices, Terms, Renderings and Other Information
Although every effort has been made to ensure that the prices, terms and other information contained herein are accurate and current, at any time such prices, terms and other information are subject to change, prior sale, selected lot premiums and/or predetermined options. Prices shown refer to the base house and may not include taxes, fees, modifications, customizations, lot premiums or optional features. Photos, drawings, graphics, plans, designs, features, and prices are approximate or estimates only. Photos and/or drawings of homes may show upgraded landscaping and may not represent the lowest-priced homes in the community. The RAH Companies reserve the right to make changes to their home designs and to build more or fewer homes than currently planned. All renderings and floor plans in these materials are artists' conceptual drawings and may vary from the actual plans and homes as built. Square footage numbers are approximate and may vary. The RAH Companies cannot control future development or guarantee the preservation of the natural environment surrounding their communities. The RAH Companies do not guarantee that any communities with guard gates will be guarded in perpetuity or that the gate will provide additional security or protection for residents. Views vary significantly by lot location and may be affected by future development. The RAH Companies do not guarantee the preservation of any view or the natural environment surrounding any of its communities. Promotional programs are subject to terms, conditions and restrictions, and are typically available only on select lots at select communities, and typically are not available in conjunction with other offers. The RAH Companies reserve the right to change or withdraw promotions at any time without notice. Payment of any Broker Co-Op fee will be subject to certain conditions including, but not limited to, compliance with the Company’s Broker Co-Op Policy. Please consult a Richmond American Homes Sales Associate for specific price or other information for each community.
9. Home Mortgages From HomeAmerican Mortgage Corporation
Financing programs described in the Content are available only through HomeAmerican Mortgage Corporation ("HMC"), which is a wholly owned subsidiary of MDC. Home buyers are not required to obtain financing from HMC, and may obtain financing from any lending institution. See "B. Licensing Information – 2. HomeAmerican Mortgage Corporation" and "C. Legal Notices – 1. Affiliated Business Disclosures" below. Special financing programs described in the Content may be subject to certain eligibility requirements and other terms and restrictions. For further information, please contact a local HMC Loan Officer. The mortgage calculator programs provided on this site do not promise to provide a loan. The accuracy of the mortgage calculators and their applicability to particular circumstances is in no way guaranteed. The programs are only intended to provide an estimate to assist homebuyers in getting a general idea regarding their home buying potential or for homeowners to get a general sense of monthly payment amount on a hypothetical refinanced loan. Calculator figures are based on interest rates and mortgage programs as of a recent date. Actual ability to qualify for a loan will depend on additional factors including the prospective borrower's credit rating, employment history, the lender's requirements and interest rates at the time of loan processing. The accuracy of these programs is in no way guaranteed and results are based on the accuracy of information supplied.
10. Employment
The MDC Companies are equal opportunity employers. Nothing in these materials shall constitute an offer of employment. Although the MDC Companies will use reasonable efforts to maintain confidential any personal resumes or information submitted to it, the MDC Companies cannot guarantee that confidentiality will be maintained.
11. Notice
The MDC Companies may deliver notice to you by means of electronic mail, a general notice on the Site, or written communication delivered by first class U.S. mail to your address on record with the MDC Companies.
12. Applicability of Terms of Use
These Terms of Use and all other legal terms on the Site are applicable upon the User's access to the Site. These Terms of Use may be revised, modified, amended, or supplemented by the MDC Companies without notice at any time for any reason. These Terms of Use shall apply to all Users regardless of any future transaction or dealings between such User and the MDC Companies, or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.
13. Governing Law
The use of the Site and the Content shall be governed by the laws of the State of Colorado, without regard to any conflict of law provisions. Any actions related to the Site and/or the Content shall be filed in the State of Colorado. Any actions or claims made by a User related to the Site and/or Content, including without limitation these Terms of Use, must be commenced within one (1) year after the claim or cause of action arose or be forever waived and barred.
14. Forward Looking Statements
Certain statements on the Site, including statements regarding the MDC Companies' business, financial condition, results of operation, cash flows, strategies and prospects, constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements may be identified by terminology such as “likely,” “may,” “will,” “should,” “expects,” “plans,” “anticipates,” “believes,” “estimates,” “predicts,” “potential” or “continue,” or the negative of such terms and other comparable terminology. Such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of the MDC Companies to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Additional information about the risks and uncertainties applicable to the MDC Companies' business is contained in MDC's filings with the Securities and Exchange Commission, including MDC's Annual Reports on Form 10-K and Quarterly Reports on Form 10-Q. Disclosures made on the Site are made as of the date such disclosure is made on the Site. The MDC Companies undertake no duty to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise. However, any further disclosures made on related subjects in MDC's subsequent filings with the Securities and Exchange Commission, press releases and/or presentations should be considered.
Copyright © 2021 M.D.C. Holdings, Inc. All rights reserved. The entire Content included in this Site, is copyrighted as a collective work under the United States and other copyright laws, and is the property of M.D.C. Holdings, Inc. and/or its affiliated companies. The collective work includes works that are licensed to the MDC Companies. The Content is provided by the MDC Companies as a service to the public and is to be used for personal informational purposes only. Any violation of the foregoing conditions of use will subject the User to the possibility of full liability under applicable law. No Content from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that the User may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content from the different areas of the Site solely for the User's own non-commercial use, or towards making a purchase of a home or obtaining a home loan. User acknowledges and agrees that all homes about which information is provided herein are subject to prior sale, and that prospective purchasers must visit a Richmond American Homes' Sales Office to purchase a home. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this Site is strictly prohibited. The User further agrees not to change or delete any proprietary notices from Content downloaded from the Site.
B. Licensing and Regulatory Information
1. Richmond American Companies
©2021 Richmond American Homes; Richmond American Homes of Arizona, Inc. (a public report is available on the state real estate department’s website), Richmond American Construction, Inc. ROC #206612; Richmond American Homes of Maryland, Inc., California Department of Real Estate – Real Estate Broker, Corporation License Number 01842595; Richmond American Homes of Colorado, Inc.; Richmond American Homes of Florida, LP, CBC1257429, CGC1519936; Richmond American Homes of Idaho, Inc., #RCE-57923; Richmond American Homes of Maryland, Inc., MHBR #299; Richmond American Homes of Nevada, Inc., Nevada Contractor License #0026417; Richmond American Homes of Oregon, Inc., CCB #218193; Richmond American Homes of Tennessee, Inc.; Richmond American Homes of Texas, Inc.; Richmond American Homes of Utah, Inc. (866.400.4131); Richmond American Homes of Virginia, Inc.; Richmond American Homes of Washington, Inc.
2. HomeAmerican Mortgage Corporation
HomeAmerican Mortgage Corporation's principal offices are located at 4350 S. Monaco Street, Suite 100, Denver, CO 80237. HomeAmerican Mortgage Corporation (NMLS Unique Identifier #130676; NMLS Consumer Access website: http://www.nmlsconsumeraccess.org/), 866.400.7126. Arizona Mortgage Banker license #0009265. Licensed by the Department of Financial Protection and Innovation under the California Residential Mortgage Lending Act. In Nevada, all advertised loans are offered and funded by HomeAmerican Mortgage Corporation, which can be contacted at 7770 S. Dean Martin Drive, Suite 308, Las Vegas, NV 89139, 702.638.4450, License #67. Oregon License # ML-5694.
Notice to Texas Consumers Pursuant to 7 TAC §80.200(b)
CONSUMERS WISHING TO FILE A COMPLAINT AGAINST A COMPANY OR A RESIDENTIAL MORTGAGE LOAN ORIGINATOR SHOULD COMPLETE AND SEND A COMPLAINT FORM TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705. COMPLAINT FORMS AND INSTRUCTIONS MAY BE OBTAINED FROM THE DEPARTMENT’S WEBSITE AT WWW.SML.TEXAS.GOV. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 1-877-276-5550.
THE DEPARTMENT MAINTAINS A RECOVERY FUND TO MAKE PAYMENTS OF CERTAIN ACTUAL OUT OF POCKET DAMAGES SUSTAINED BY BORROWERS CAUSED BY ACTS OF LICENSED RESIDENTIAL MORTGAGE LOAN ORIGINATORS. A WRITTEN APPLICATION FOR REIMBURSEMENT FROM THE RECOVERY FUND MUST BE FILED WITH AND INVESTIGATED BY THE DEPARTMENT PRIOR TO THE PAYMENT OF A CLAIM. FOR MORE INFORMATION ABOUT THE RECOVERY FUND, PLEASE CONSULT THE DEPARTMENT’S WEBSITE AT WWW.SML.TEXAS.GOV.
3. American Home Insurance Agency, Inc. (also known as AHI Insurance Agency)
Arizona, License No. 71865; California, License No. 0c73847; Colorado, License No. 84079; Delaware, License No. 171654; Florida, License No. L037567; Illinois, License No. 100314321; Maryland, License No. NPF119878; Nevada, License No. 8602; New Jersey, License No. 1039097; Pennsylvania, License No. 68509; Oregon License No. ML-5694; Texas, License No. 15235; Utah, License No. 102624; Virginia, License No. 115023; Washington, License No. 781765; West Virginia, License No. 100110929
4. American Home Title and Escrow Company
Colorado: CO Division of Insurance License No. 62807
Florida: FL Department of Financial Services License No. E100020
Nevada: NV Division of Insurance License No. 507119
Maryland: MD Insurance Administration License No. NPF 5183
Virginia: VA Bureau of Insurance License No. 115020
C. Legal Notices
1. Affiliated Business Disclosures
The Richmond American Homes companies (RAH), HomeAmerican Mortgage Corporation (HMC), American Home Insurance Agency (also known as AHI Insurance Agency) (AHI) and American Home Title and Escrow Company (AHT) are owned, directly or indirectly, by M.D.C. Holdings, Inc. and, therefore, are affiliated companies. Each of RAH, HMC, AHI and AHT offers services independently of each other, and if you obtain a product or service from one company, you are not required to utilize the services of, or obtain products from, the other company. Your decision to use a company that is not affiliated with RAH, HMC, AHI or AHT will not affect your ability to obtain products and services from these companies.