General Terms of Use

Acceptance

Meritage Homes Corporation ("Company") is pleased to provide this web site (this "Site") for your convenience. Please carefully read the following terms and conditions of use of the Site (these "Terms of Use"). Company may amend these Terms of Use at any time without specific notice to you. The most recent form of these Terms of Use will be posted at all times on the Site, and you should review these Terms of Use each time upon visiting or using the Site. You agree that each time you enter or use the Site, you actively signify your acceptance to comply with, and agreement to be bound by, these Terms of Use, as modified. In addition, please note that other portions of the Site may contain additional and/or different terms and conditions of use.

The Site and any web site links do not constitute an offer or solicitation to sell real property. Offers to sell real property may only be made and accepted at the sales center for individual communities of Company and Company's affiliates (collectively, the "Company Family").

Privacy

Company's Privacy Policy is incorporated into, and made a part of, these Terms of Use.

Conduct

Responsibility. You are solely responsible for all information, images, graphics, data, text, files, links, software, messages, communications, and other materials (the "End User Content") that you (or someone using your account) publicly or privately publish, post, distribute, display, disseminate, or otherwise transmit via the Site. Company does not control or necessarily screen or monitor the End User Content posted on the Site and, as such, Company does not guarantee the accuracy, integrity, or quality of such End User Content. Company reserves the right, in Company's sole and absolute discretion, to edit, delete, or record any End User Content appearing on the Site. You understand that entering or using the Site may expose you to End User Content that is offensive, indecent, or objectionable to you.

Prohibited Acts. In connection with your access to, and use of, the Site, you agree not to:

(a) Upload, post, email, or otherwise transmit any material that contains "trojan horses," "worms," software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(b) Violate any applicable international, federal, state, or local law or regulation;
(c) Use any automated means, including, but not limited to, electronic "spiders," "robots," or "crawlers," to download data from any of Company's databases;
(d) Sell or otherwise distribute any data obtained from any Company database; and
(e) Incorporate data from any Company database into any emails or other "white pages" products or services, whether browser-based, based on proprietary client-side applications, or web-based, without Company's prior, express, and written consent.

User Representations. You represent and warrant that (i) you are at least 18 years of age, (ii) your use of the Site is legal in, and does not violate any laws or rules of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Site, (iii) all information (if any) provided by you to Company is correct, (iv) you possess the legal right and ability to enter into these Terms of Use and to use the Site in accordance with these Terms of Use, (v) your use of the Site shall be in accordance with these Terms of Use, and (vi) your use of the Site shall be in accordance with all applicable laws and regulations.

Termination of Access

Company reserves the right to terminate your access at any time (for any reason or for no reason). In particular, and without limitation, Company may terminate your access upon your non-compliance with these Terms of Use or if you violate Company's rights or the rights of any other party.

Intellectual Property Rights

Ownership. The Site and all information, images, graphics, data, text, files, links, software, messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, and other matters related to the Site (the "Company Content") are the exclusive property of Company and Company's licensors and are protected under applicable copyright, trademark, and other proprietary rights laws. Except as specifically allowed in these Terms of Use, the copying, redistribution, use, or publication by you of the Company Content is strictly prohibited. You do not acquire any ownership rights to any Company Content through your access to, or use of, the Site.

Limited Right to Use. Company grants you a limited, nonexclusive, non-transferable license to view, print, and download the Company Content solely for your own personal use. You may not reproduce, republish, distribute, assign, sublicense, sell, or prepare derivative works of the Company Content. All rights in and to the Company Content not expressly granted in this paragraph remain in Company and Company's licensors.

Indemnification

You agree to indemnify, defend, and hold the Company Family and the Company Family's shareholders, members, partners, directors, managers, officers, employees, agents, information providers, suppliers, and attorneys (collectively, the "Company Affiliated Parties") harmless from any and all liabilities, losses, claims, and expenses, including, but not limited to, reasonable attorney's fees, related to your (i) failure to comply with any of these Terms of Use or (ii) use of the Site. Company has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Site.

Disclaimers

THE INFORMATION AND SERVICES PROVIDED THROUGH THE SITE ARE INTENDED FOR GENERAL REFERENCE AND INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

ALL INFORMATION PROVIDED THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, PRICES, FLOOR PLANS, SQUARE FOOTAGES, DESIGNS, AND MATERIALS) IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND REPRESENTS NO COMMITMENT ON COMPANY'S PART IN THE FUTURE TO CHANGE SUCH INFORMATION OR TO PROVIDE THE SITE.

ALTHOUGH THE COMPANY CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT-OF-DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS, OR APPROPRIATENESS OF ANY INFORMATION OR SERVICE PROVIDED BY THE COMPANY OR WITH RESPECT TO ANY HOME OR COMMUNITY.

COMPANY IS NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE SITE OR OTHERWISE USE OR RECEIVE INFORMATION FROM OR REGARDING THE SITE.

Limitation of Liability

THE COMPANY FAMILY SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE RELATED TO THE SITE. THE COMPANY FAMILY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY FAMILY'S AGGREGATE LIABILITY EXCEED. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THESE LIMITS.

Links

The Site may contain links to other web sites. Company is not responsible for the content, accuracy, or opinions expressed in such web sites, and Company does not investigate, monitor, or check such web sites for accuracy or completeness. Inclusion of any linked web site on the Site does not imply approval or endorsement of the linked web site by Company. If you decide to leave the Site and access these third-party sites, you do so at your own risk. You may only make available links on other web sites to the Site if such links connect directly to Company's home page located at www.meritagehomes.com. You may deep-link (or link to other pages within the Site) only with Company's prior, express, and written consent.

Forward-Looking Statements

Certain statements and information contained in the Site and in the Company Family's press releases, filings with the Securities and Exchange Commission (the "SEC"), and other reports are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements that are not historical in nature are forward-looking statements based on various factors and assumptions which involve known and unknown risks and uncertainties, including, but not limited to, anticipated operating results, financial resources, increased revenues, increased profitability, the market for homes generally and in specific areas where the Company Family operates, the availability and cost of land, changes in economic and political conditions, fluctuations in interest rates, availability and cost of labor and materials, weather and environmental conditions, general competitive factors, consumer confidence, governmental regulations, and other factors identified from time to time in documents filed by the Company Family with the SEC, all or each of which may cause actual results to differ materially from the expectations expressed in such statements and information.

Miscellaneous

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of TEXAS, without regard to Texas' conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.

Company encourages and supports affirmative advertising and marketing programs in which there are no barriers to obtaining housing due to race, color, religion, gender, handicap, familial status, or national origin.

Any cause of action by you with respect to the Site (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of, or in connection with, these Terms of Use shall be brought solely in a federal or state court of competent jurisdiction located in Collin County, Texas. The provisions of these Terms of Use are severable, and in the event any provision of these Terms of Use is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Company's waiver of a breach of any provision of these Terms of Use by you shall not operate or be construed as a waiver by Company of any subsequent breach by you.

If you are aware of any violations of these Terms of Use or if you have any questions or comments regarding these Terms of Use, please contact us at contact.center@meritagehomes.com.

Texas Big Homes, Meritage Homes, Legacy Homes and Monterey Homes are registered trademarks of the Meritage Homes Corporation. All other trademarks used on the Site are the property of their respective owners.

Copyright © 2012 Meritage Homes Corporation. All rights reserved.