LAST UPDATED ON May 18, 2026
Krkonos & Cephi LLC (which together with its builder and authorized affiliates, including The Best Working Family Texas Communities, are collectively referred to herein as "Krkonos," "we," "us" or "our") provides these Legal Notices. Our other affiliates, and our other non-builder affiliates, may provide legal notices on their respective websites. These Legal Notices set forth information and policies with respect to this website (this "Website"), our mobile sites, applications, and mobile interactive features ("Mobile Applications"), social media pages ("Social Media Pages"), and in connection with email messages that we may send to you and other interactions with you. This Website, our Mobile Applications and our Social Media Pages are collectively referred to in these Legal Notices as our "Sites." As used herein, the words "user," "you," and "your" mean individuals who interact with Krkonos.
By accessing or using our Sites, purchasing or leasing any of our homes or properties, you absolutely, irrevocably and unconditionally agree to all of the provisions on this page.
ATTRIBUTION.
All images depicting people are for illustrative purposes only and such people are models. Certain photographs, images, videos, and music have been purchased and are licensed by Krkonos for commercial use and may not be reproduced. Photographs and images have been licensed by certain photograph/image providers, including, but not limited to, Shutterstock.com and Adobe Stock. Any images provided by Shutterstock.com or Adobe Stock are owned by Shutterstock.com or Adobe Stock and are licensed to Krkonos for use on this Site.
OWNERSHIP AND USE OF CONTENT.
The Sites and their contents are owned by Krkonos or used under license from others with all rights reserved. The reproduction, re-creation, retransmission or other use of any of the material on the Sites, whether text, visual image, audio, video, or computer software, or the posting or framing on other websites without the express prior written permission of Krkonos is expressly prohibited; provided, however, that you may print in hard copy portions of the Sites for your personal home buying purposes and you may utilize functionality provided on the Sites to post interactive blueprints to social media platforms.
FAIR HOUSING.
Krkonos and its affiliates recognize the importance and significance of fair housing. We conduct business in accordance with all applicable federal, state and local fair housing laws. It is our policy to provide equal professional service to all persons regardless of race, color, religion, sex, handicap, familial status or national origin. Models do not reflect a preference for homebuyers.
HOME ENERGY RATING SYSTEM (HERS)©
The HERS Index© is a registered trademark of the Residential Energy Services Network ("RESNET"), a 501(c)(3) non-profit organization formed in 1995 to develop and maintain national standards for evaluating building energy and resource energy performance. While not available in every community, if provided, the HERS ("Home Energy Rating System") Index allows buyers to compare the relative energy efficiency of different homes. The HERS Index home energy rating is determined by an independent RESNET-certified home energy rater ("Rater"). The lower a home's score, the more energy efficient it is in comparison to the HERS reference home. For every one-point decrease in the HERS Index score, there is a corresponding one percent (1%) reduction in energy consumption as compared to a home with a HERS Index of 100. Using RESNET'S energy efficiency software, the Rater determines a home's energy rating by analyzing the home's construction plans and performing onsite inspections; the HERS rating provided by Krkonos is not an "as-built" rating.
The HERS Index score for a home, and the estimated energy costs, if shown on its label, are estimates only and are based upon the average energy performance for specified home categories as determined by HERS. Krkonos does not warrant or guarantee that a home as-built or as used by its occupants will achieve the stated HERS Index score or that the amount of energy costs shown, if shown on its label, is accurate or will be achieved. Krkonos does not represent that all homes sold by Krkonos have been individually rated. Further, an energy rating score may or may not factor in all options and/or upgrades available to be installed in a home. As a home and its equipment age, the HERS rating for that home will change, as a home will become less energy efficient over time. Krkonos does not warrant or guarantee the monthly or annual utility bills for the home. The estimated monthly energy costs, if shown on a label, were calculated by dividing the estimated annual energy costs (as determined by the Rater) by 12 months. The actual amount of energy costs will vary from month-to month and may vary significantly due to many factors including, but not limited to, the number of individuals living in the home, energy conservation practices, utility rates and fees, the directional siting of the home, maintenance of the home, use of appliances, options and upgrades installed by Krkonos and other modifications to the home, indoor temperature preferences and the weather. Note that newer energy efficiency building codes have been adopted in some states so that newly-constructed homes in those states will usually achieve a HERS Index score lower than 100 and thus be more energy efficient than the HERS-referenced "standard new home."
For more information regarding RESNET and the HERS Index, you are encouraged to visit RESNET'S website, www.resnet.us. Krkonos has no business interest in RESNET or any Rater. Krkonos reserves the right to modify or vary features or components which are constructed in accordance with applicable laws.
HOMES AND COMMUNITIES.
Homes are subject to prior sale or rent. Home and community information, association fees (if any), included features, terms, availability and amenities, are subject to change at any time without notice or obligation. Drawings, pictures, photographs, videos, square footages, floor plans, elevations, features, colors and sizes are for illustration purposes only and will vary from the homes as built. Landscaping and furnishings may be decorator items that are not included in the purchase price and may not be available.
INCENTIVES AND PROMOTIONS.
Incentives and seller contributions are subject to terms and conditions and may require the use of certain lenders or title companies, some of which may be affiliates of Krkonos. Incentives and seller contributions could affect your loan amount. Promotional offers are typically limited to specific homes and communities for a limited time.
PRICES.
"Available Home" pricing refers to the purchase price of a specific home. Pricing "From" or pricing "Starting in the" or "Starting at" refers to the approximate base price of the house plan and does not include options or premiums, unless otherwise indicated. Pricing does not include closing costs or other fees that are payable by the homebuyer. While Krkonos makes reasonable efforts to include accurate pricing information on this website, no representations or warranties are made in this regard. Prices are subject to change without notice.
PLANS.
House plans will be limited as to the lots and phases on which they are available in a community.
REFUND POLICY.
Prior to closing, your ability to receive a refund of your earnest money deposit or any option deposit will be governed by the terms of your real estate purchase contract. Typically, your real estate purchase contract will provide that deposits are refundable only if a contingency specifically listed in your real estate purchase contract is not met or in the event of a seller default. After closing, there are no refunds. If you have a repair or warranty question about your home, please contact us.
SCHOOLS.
No representations or warranties are made regarding school districts or school assignments; you should conduct your own investigation regarding current and future schools and school boundaries.
TRADEMARKS.
Trademarks shown on this website are the property of their respective owners. Amazon, Echo, Alexa, and all related logos are trademarks of Amazon.com, Inc. or its affiliates.
VIEWS.
No representations or warranties are made that the view from the property will remain the same; future development, growth of landscaping and the like may impact views currently experienced from the property.
CLAIMS OF COPYRIGHT INFRINGEMENT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe in good faith that materials on our Sites infringe their rights. If you believe that material on our Sites infringes your copyright, you or your agent may send us a notice requesting that we remove or block the material. Notices must meet the requirements of the DMCA. Notices may be sent to us at: Krkonos, Attn: Chief Legal Officer, 13355 Noel Road #1100, Dallas TX 75240. There are penalties for false claims under the DMCA.
LINKS TO OTHER WEBSITES.
We may provide links from our Sites, through advertisements or otherwise, to other websites, or applications including various social media platforms. Those websites, applications and social media platforms have their own privacy policies and practices. These Terms of Use do not address, and we are not responsible for, their content, privacy policies or practices or security and safeguarding practices. The inclusion of a link on any of our Sites does not imply endorsement of the linked website or application by us or any of our affiliates. We are not responsible for the collection, usage or sharing practices or policies of other companies or platforms including Facebook, Twitter, Instagram, or Adobe, to mention just a few. Please visit those websites to review their privacy policies and practices. Use of Google Maps features and content on our Site is subject to the then-current version of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.
LIMITATION OF LIABILITY AND DISCLAIMER.
This website contains information about Krkonos properties that are for sale throughout Texas. This website and other Sites are not an offer to sell or lease out-of-state properties to residents in states where prohibited by law or where prior registration is required, unless expressly indicated otherwise. Please consult a Krkonos sales counselor and review a real estate purchase contract for additional information and disclosures.
Krkonos endeavors to keep the information on the Sites current and up to date. However, some of the information on the Sites may be inaccurate or incomplete, or may contain typographical errors. Krkonos does not warrant that the content of the Sites is error free or that its service in providing the Sites will be uninterrupted. Your use of the Sites is at your own risk. You agree that Krkonos is not liable for any damages relating to the use of, or reliance upon, the content of the Sites, including without limitation damage to your computer equipment or other property from downloading material from the Sites.
Where applicable, you agree to the use of your information as described in all of these provisions each time we collect information from you, including in person and when you access or use our Sites, so we urge you to read this document in full, and Contact Us if you have any questions.
By creating an online Account on our Sites, you agree that you will keep your username and password secure and not share them with others. You understand and agree that creation and use of your online Account is subject to our Terms of Use, and that you are responsible for all activities that occur under your Account or password.
When you interact with Krkonos, we collect information from that interaction, for example, from your visits to and use of our Sites, from your email correspondence to us, from your submittal of an employment or rental application and our processing and review of those applications, from your online responses to us, from your completion of a registration card in one of our communities, from information that you post online, for example, on our Social Media Pages including, for example, Facebook, Twitter, LinkedIn, and Instagram and when you interact with our Mobile Applications. When this information is reasonably capable of being associated with you, we refer to this information as Personal Information.
At Krkonos we may collect and share the following categories of Personal Information, and have collected and shared such categories of Personal Information :
Identifiers.
Identifiers are information directly linked to a particular individual. For example, depending on the circumstance, Krkonos may collect your name, address, email address, or phone number as part of a home purchase agreement, a rental application and the related lease agreement or other interaction. Identifiers also include more sensitive information that may be gathered from you or others about you, including your social security number, government issued identification number or insurance policy number, where that information is necessary in order to complete a transaction. If you buy or rent a home from us, or otherwise engage in a commercial transaction with us, we may also collect financial information and other information necessary to complete your transaction.
We collect this information from you, from publicly available sources, and from our Third-Party Service Providers and other third parties, and we share it with our Third-Party Service Providers, our Affiliates or other third parties to complete transactions you have requested and maintain a record of those transactions, for employment purposes, to comply with certain legal obligations or to provide you with information about goods and services. Depending on the nature of your interaction with Krkonos, we also may be required by law to collect this information.
Customer Records.
Certain Identifiers may also be included in our customer records. These are records of our business transactions and interactions with you, and often include your name, address, or other information collected during, and for the purpose of effectuating, those business transactions. We collect this information from you, or from our Third-Party Service Providers acting on our behalf. Our use of this information, and use by our Third-Party Service Providers with which it is shared, are identical to the way we handle "Identifiers," as described above.
Legally Protected Characteristics.
Depending on the nature of our interaction with you, we may collect certain information related to legally protected characteristics. This may include information such as your age or disability. Employees of Krkonos and its Affiliates may view additional information regarding collection of legally protected characteristics in the Employee Privacy Policy. We collect this information from you, and maintain and disclose this information in order to comply with certain legal obligations, complete transactions you have requested and for employment purposes.
Commercial Information.
Depending on the nature of our interaction with you, we may collect certain commercial information related to you, including property records, records of past purchases involving Krkonos, its Affiliates, or our Third-Party Service Providers, or information that you provide to us through your online Accounts. We collect this information as a result of our transactions with you, either from you directly or from our Third-Party Service Providers acting on our behalf. We may also collect certain commercial information from publicly available sources in order to facilitate our transactions.
We use this information to complete transactions you have requested and maintain a record of those transactions. We also use this information to provide you with information related to our goods and services that may be of interest to you. While we do not often share this information with third parties, at times we share this information with our Third-Party Service Providers, including financial institutions, payment processors, and other entities that assist us in facilitating our transactions with you. We may also share this information with Krkonos Affiliates, our analytics providers, and our interest-based advertising providers.
Internet Activity and Identifiers.
When you interact with Krkonos online we may collect certain information about you, including your browsing history, your interactions with our Sites, or advertisements, your IP Address, and other unique online identifiers that may be associated with you or your device. We obtain this information primarily from the use of Cookies and similar technologies, and we describe our use of Cookies in more detail elsewhere in these provisions.
We collect this information in order to enhance your experience on our Sites, and to ensure the information we provide to you is relevant to your interests. We share this information with Krkonos Affiliates, and certain of our Third-Party Service Providers such as our analytics providers, and our interest-based advertising providers.
Geolocation Data.
You may provide certain location information to us as part of your inquiry into our goods and services, or as part of the home-buying process. In addition, if you interact with Krkonos through the use of your mobile device, we may obtain certain geolocation data from that interaction. We obtain this information through your mobile device's interactions with our mobile Sites and applications.
We obtain this information in order to more accurately provide you with information. For example, we may use your geolocation information to respond to your mobile request for home availability in your area. We share this information with Krkonos Affiliates, and certain of our Third-Party Service Providers such as our analytics providers, and our interest-based advertising providers.
Video or Audio Recordings.
Depending on the nature of your interaction with us, you may have provided us with video or audio recordings or consent to record our interactions with you. These may be recordings of your interactions with our customer representatives, voicemails you may leave us, or visits to our model homes. We collect video or audio recordings with your consent, or as permitted by applicable law. We use those recordings for training purposes, security purposes, or to respond to your request. We may also use testimonial recordings for marketing purposes but will only do so with your consent.
Professional or Employment Related Information.
Krkonos may collect certain professional or employment-related information about you, either to complete transactions you have requested, or, if you apply for a job with Krkonos or one of our Affiliates, in order to evaluate your candidacy for employment with Krkonos. In this way, we collect professional information from you directly, or from our Third-Party Service Providers and for the specific purposes outlined during the collection.
While we may share your professional or employment-related information with our Affiliates, or with our Third-Party Service Providers or other third parties as required by law, to facilitate transactions you have requested or for employment purposes, we do not share your professional or employment-related information with third parties for other purposes.
Educational Information.
Krkonos may collect certain educational information about you, either as part of our business transaction with you or, if you apply for a job with Krkonos or one of our Affiliates, in order to evaluate your candidacy for employment. In this way, we collect educational information from you directly, or from our Third-Party Service Providers and for the specific purposes outlined during the collection.
While we may share your educational information with our Affiliates and third parties, such as our Third-Party Service Providers, to facilitate transactions you have requested, or for employment purposes, we do not share your educational information with third parties for other purposes.
Sensitive Personal Information.
Some of the personal information we collect, such as social security numbers or legally protected characteristics, may be considered sensitive personal information under applicable law. We collect sensitive personal information either as part of our business transactions with you, or to evaluate your candidacy for employment if you apply for a job with Krkonos or one of our Affiliates. Where we collect sensitive personal information we do so with your consent, or as permitted by applicable law.
We use sensitive personal information only to comply with certain legal obligations, to complete the transactions you have requested, or for employment purposes. While we may share your sensitive personal information with our Affiliates and third parties, such as our Third-Party Service Providers, to facilitate our transactions with you, or for employment purposes, we do not share your sensitive personal information with third parties for other purposes.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE Krkonos, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, AND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), RELATED DIRECTLY OR INDIRECTLY TO, OR ARISING FROM, YOUR ACCESS TO THE SITES OR YOUR USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THESE DISCLAIMERS AND LIMITATIONS MAY NOT AFFECT YOUR CONSUMER RIGHTS OR LIMIT LIABILITY TO THE EXTENT THAT IT CANNOT BE LIMITED BY LAW.
LIMITATION OF LIABILITY AND DISCLAIMER.
This website contains information about Krkonos properties that are for sale throughout Texas. This website and other Sites are not an offer to sell or lease out-of-state properties to residents in states where prohibited by law or where prior registration is required, unless expressly indicated otherwise. Please consult a Krkonos sales counselor and review a real estate purchase contract for additional information and disclosures.Krkonos endeavors to keep the information on the Sites current and up to date. However, some of the information on the Sites may be inaccurate or incomplete, or may contain typographical errors. Krkonos does not warrant that the content of the Sites is error free or that its service in providing the Sites will be uninterrupted. Your use of the Sites is at your own risk. You agree that Krkonos is not liable for any damages relating to the use of, or reliance upon, the content of the Sites, including without limitation damage to your computer equipment or other property from downloading material from the Sites.
Where applicable, you agree to the use of your information as described in all of these provisions each time we collect information from you, including in person and when you access or use our Sites, so we urge you to read this document in full, and Contact Us if you have any questions.
By creating an online Account on our Sites, you agree that you will keep your username and password secure and not share them with others. You understand and agree that creation and use of your online Account is subject to our Terms of Use, and that you are responsible for all activities that occur under your Account or password.
When you interact with Krkonos, we collect information from that interaction, for example, from your visits to and use of our Sites, from your email correspondence to us, from your submittal of an employment or rental application and our processing and review of those applications, from your online responses to us, from your completion of a registration card in one of our communities, from information that you post online, for example, on our Social Media Pages including, for example, Facebook, Twitter, LinkedIn, and Instagram and when you interact with our Mobile Applications. When this information is reasonably capable of being associated with you, we refer to this information as Personal Information.
At Krkonos we may collect and share the following categories of Personal Information, and have collected and shared such categories of Personal Information:
Identifiers.
Identifiers are information directly linked to a particular individual. For example, depending on the circumstance, Krkonos may collect your name, address, email address, or phone number as part of a home purchase agreement, a rental application and the related lease agreement or other interaction. Identifiers also include more sensitive information that may be gathered from you or others about you, including your social security number, government issued identification number or insurance policy number, where that information is necessary in order to complete a transaction. If you buy or rent a home from us, or otherwise engage in a commercial transaction with us, we may also collect financial information and other information necessary to complete your transaction.
We collect this information from you, from publicly available sources, and from our Third-Party Service Providers and other third parties, and we share it with our Third-Party Service Providers, our Affiliates or other third parties to complete transactions you have requested and maintain a record of those transactions, for employment purposes, to comply with certain legal obligations or to provide you with information about goods and services. Depending on the nature of your interaction with Krkonos, we also may be required by law to collect this information.
Customer Records.
Certain Identifiers may also be included in our customer records. These are records of our business transactions and interactions with you, and often include your name, address, or other information collected during, and for the purpose of effectuating, those business transactions. We collect this information from you, or from our Third-Party Service Providers acting on our behalf. Our use of this information, and use by our Third-Party Service Providers with which it is shared, are identical to the way we handle "Identifiers," as described above.
Legally Protected Characteristics.
Depending on the nature of our interaction with you, we may collect certain information related to legally protected characteristics. This may include information such as your age or disability. Employees of Krkonos and its Affiliates may view additional information regarding collection of legally protected characteristics in the Employee Privacy Policy. We collect this information from you, and maintain and disclose this information in order to comply with certain legal obligations, complete transactions you have requested and for employment purposes.
Commercial Information.
Depending on the nature of our interaction with you, we may collect certain commercial information related to you, including property records, records of past purchases involving Krkonos, its Affiliates, or our Third-Party Service Providers, or information that you provide to us through your online Accounts. We collect this information as a result of our transactions with you, either from you directly or from our Third-Party Service Providers acting on our behalf. We may also collect certain commercial information from publicly available sources in order to facilitate our transactions.
We use this information to complete transactions you have requested and maintain a record of those transactions. We also use this information to provide you with information related to our goods and services that may be of interest to you. While we do not often share this information with third parties, at times we share this information with our Third-Party Service Providers, including financial institutions, payment processors, and other entities that assist us in facilitating our transactions with you. We may also share this information with Krkonos Affiliates, our analytics providers, and our interest-based advertising providers.
Internet Activity and Identifiers.
When you interact with Krkonos online we may collect certain information about you, including your browsing history, your interactions with our Sites, or advertisements, your IP Address, and other unique online identifiers that may be associated with you or your device. We obtain this information primarily from the use of Cookies and similar technologies, and we describe our use of Cookies in more detail elsewhere in these provisions.
We collect this information in order to enhance your experience on our Sites, and to ensure the information we provide to you is relevant to your interests. We share this information with Krkonos Affiliates, and certain of our Third-Party Service Providers such as our analytics providers, and our interest-based advertising providers.
Geolocation Data.
You may provide certain location information to us as part of your inquiry into our goods and services, or as part of the home-buying process. In addition, if you interact with Krkonos through the use of your mobile device, we may obtain certain geolocation data from that interaction. We obtain this information through your mobile device's interactions with our mobile Sites and applications.
We obtain this information in order to more accurately provide you with information. For example, we may use your geolocation information to respond to your mobile request for home availability in your area. We share this information with Krkonos Affiliates, and certain of our Third-Party Service Providers such as our analytics providers, and our interest-based advertising providers.
Video or Audio Recordings.
Depending on the nature of your interaction with us, you may have provided us with video or audio recordings or consent to record our interactions with you. These may be recordings of your interactions with our customer representatives, voicemails you may leave us, or visits to our model homes. We collect video or audio recordings with your consent, or as permitted by applicable law. We use those recordings for training purposes, security purposes, or to respond to your request. We may also use testimonial recordings for marketing purposes but will only do so with your consent.
Professional or Employment Related Information.
Krkonos may collect certain professional or employment-related information about you, either to complete transactions you have requested, or, if you apply for a job with Krkonos or one of our Affiliates, in order to evaluate your candidacy for employment with Krkonos. In this way, we collect professional information from you directly, or from our Third-Party Service Providers and for the specific purposes outlined during the collection.
While we may share your professional or employment-related information with our Affiliates, or with our Third-Party Service Providers or other third parties as required by law, to facilitate transactions you have requested or for employment purposes, we do not share your professional or employment-related information with third parties for other purposes.
Educational Information.
Krkonos may collect certain educational information about you, either as part of our business transaction with you or, if you apply for a job with Krkonos or one of our Affiliates, in order to evaluate your candidacy for employment. In this way, we collect educational information from you directly, or from our Third-Party Service Providers and for the specific purposes outlined during the collection.
While we may share your educational information with our Affiliates and third parties, such as our Third-Party Service Providers, to facilitate transactions you have requested, or for employment purposes, we do not share your educational information with third parties for other purposes.
Sensitive Personal Information.
Some of the personal information we collect, such as social security numbers or legally protected characteristics, may be considered sensitive personal information under applicable law. We collect sensitive personal information either as part of our business transactions with you, or to evaluate your candidacy for employment if you apply for a job with Krkonos or one of our Affiliates. Where we collect sensitive personal information we do so with your consent, or as permitted by applicable law.
We use sensitive personal information only to comply with certain legal obligations, to complete the transactions you have requested, or for employment purposes. While we may share your sensitive personal information with our Affiliates and third parties, such as our Third-Party Service Providers, to facilitate our transactions with you, or for employment purposes, we do not share your sensitive personal information with third parties for other purposes.
LAW AND JURISDICTION.
These Terms of Use shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Texas, without resort to its choice of law provisions and case law, except to the extent they are superseded or preempted by the laws of the United States or other jurisdictions. If any provision of these Terms of Use is determined to be invalid, unlawful, void or otherwise not enforceable, you agree that the remaining provisions of these Terms of Use will remain in full force and effect. By accessing our Sites, or using information on our Sites, you submit to the exclusive jurisdiction of the state courts in Dallas County, Texas, or the United States Federal District Court, Northern District of Texas, to resolve disputes of any kind arising out of your reliance on the information on a Site, or any interaction with Krkonos involving a Site. Any claim you have with respect to a Site must be brought within two years and one day after the claim arises.
IF THERE IS A CONFLICT BETWEEN THE LAW IN YOUR USUAL PLACE OF RESIDENCE AND THESE TERMS OF USE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW MAY PREVAIL.
SUCCESSORS AND TERMINATION.
These Terms of Use shall be binding upon and inure to the benefit of Krkonos and you and its and your respective heirs, representatives, successors and assigns. These Terms of Use shall remain in force and effect until terminated by Krkonos. In the event of termination of these Terms of Use, restrictions imposed upon you by these Terms of Use, including all disclaimers, waivers, releases and limitations of liability, shall survive.
VOID WHERE PROHIBITED.
The Sites are accessible by users throughout the world. Krkonos products, services and offers may not be available in your state or community. The information on the Sites is not an offer of products or services where Krkonos is not doing business or where prohibited by law.
CHANGES TO TERMS OF USE AND WAIVER.
Krkonos reserves the right to change these Terms of Use from time to time and as required by applicable law. Any non-material changes will take effect immediately upon posting of an updated Terms of Use. There may, however, be cases where changes to the Terms of Use may be more significant. In such cases, we will provide prominent notice of such changes before they take effect. We encourage you to retain a copy of these Terms of Use and periodically to check this Website for updates. Your use of our Sites indicates your acceptance of the latest version of these Terms of Use.
No waiver of any of these provisions shall be effective unless made in writing signed by 100Homes PTX and shall not prevent any subsequent enforcement of these provisions.
HOW WE COLLECT INFORMATION.
The information we collect varies depending on how you interact with us or others:
Information You Provide to Us. You may provide information to us online or in person for any number of reasons. For example, you may visit a model home or sales office, provide information in connection with a home purchase agreement or lease, request information about our homes or communities, talk to us via videoconference, make notes online about our homes or communities, submit a warranty request, respond to a survey, submit a job or rental application, interact on our Social Media Pages or with our Mobile Applications, or subscribe to promotional emails. In such cases, we, or our Third-Party Service Providers, will collect the information that you provide, which may include information regarding your Krkonos home, your name, telephone number, email address, physical address, name of your present community or a Krkonos community in which you are interested, certain demographic information, such as your age range and areas of interest, your payment card or banking account information if you are making a payment, and, in the case of a job application, your resume and social security number. Unless prohibited by applicable law, we may combine information that you provide to us online with information that you provide to us in person, with publicly available information or with information provided to us by third parties such as social media platforms and data aggregators.
Email. If you provide your email address to us and request emails regarding Krkonos products and services, you will receive commercial emails from us marketing our products and services, and we will collect your email address, other information that you provide, as well as Automated Information that we may collect. You may revoke your consent to receive commercial emails from Krkonos marketing our products and services by clicking the "unsubscribe" button in marketing email communications to you or by visiting Your Privacy Choices on this Website. You may also provide your email address to us in order to receive certain stock or financial information, about our company. Each email that you receive providing such stock or financial information will include a way for you to opt-out of future commercial emails. Please be aware that changes to Your Privacy Choices may not be immediate. We will implement your changes as quickly as practicable, but in all cases, in accordance with timeframes required by applicable law and in no more than 30 days.
Our Mobile Applications. These provisions is displayed, in whole, on all of our Mobile Applications and is applicable to our collection, use and sharing of the information, including the Personal Information, that we may collect when you use your mobile devices to interact with our Mobile Applications. When you interact with our Mobile Applications, we collect the information that you provide to us, Automated Information, and location information that is provided by your mobile device interacting with our Sites, if you consent to sharing such location information with us.
Information from Third Parties. We may collect or purchase information from third parties, including marketing companies, digital advertising agencies, third-party ad servers, third-party email servers, data aggregators, analytics providers, investor relations firms or third-party advertising networks. Certain of this information may be Automated Information that these third parties have gathered as they have tracked you across the Internet and over time. If you have responded to, or interacted with, third parties that share your information with us, we collect the information the third parties provide to us, including your email address.
Your Online Accounts. Visitors to our Sites have the ability to create online Accounts. Through your online Accounts, you may search for a home to purchase or rent, start your purchase on certain homes, submit a rental application, and submit rent payments. When you provide information to us to perform those functions and others that are available through your Accounts, we collect that information subject all of these provisions or the privacy policy of our Third-Party Service Provider.
Our Social Media Pages. Krkonos maintains Social Media Pages on social media platforms including, Facebook, Twitter, LinkedIn, and Instagram. You may participate on our Social Media Pages by posting and chatting. Krkonos may collect the information that you post or send to us including Personal Information, pictures or other information. It is important to remember that information posted on our Social Media Pages may become public or may be separately collected by third-party social media sites or platforms. In addition, our Sites provide social media features like "Follow," "Like," "Share" and "Link" buttons that collect your IP Address, and may place Cookies on your device in order to allow the functionality to perform properly. Also, depending upon how you link your social media account to other accounts and our Sites, or if you chose to send messages to your friends via our Social Media Pages, certain Personal Information from your social media account may be shared with us, which may include Personal Information from your profile or your friends' profiles. By linking to our Sites in such a manner, or sending messages to your friends through our Social Media Pages, you are indicating to us that you have the right to share contact information about your friends. You should always remember that the information that you post on our Social Media Pages is subject not only all of these provisions, but also the privacy policies and Terms of Use of the respective third-party social media site or platform, and in accordance with those third-party privacy policies, may be collected by those sites and platforms, and may be made public. This Privacy Policy will be posted on those Social Media Pages where it solely governs our collection, use and sharing of your information.
Location Information. We collect location information that you may enter when using our Sites such as your physical address, including your zip code. We also may collect Automated Information, including your location indicated by your IP Address, that may be provided by your internet service provider or ISP. Finally, we may collect your location from your mobile device when you interact with our Mobile Applications, if you consent to sharing your location with Krkonos. If you reside in the European Economic Area, the UK, or Switzerland, we only process your location information from your mobile device with your consent.
Automated Information. We and our Third-Party Service Providers have automated means of collecting information from you when you visit our Sites, or otherwise interact with us online. The information that is collected using these automated technologies does not identify you personally, but instead is linked to an anonymous numerical identifier. Consequently, except as otherwise required by applicable law, we use and disclose this Automated Information as Anonymous Information rather than Personal Information.
Through the Use of Cookies. Cookies, pixels, clear GIFs, or other tracing and tracking technologies are small data files that a website or its service providers may place on your browser when you visit a website. They are widely used across the Internet to make websites work more efficiently and effectively, and for a variety of other purposes such as to assist in sending you interest-based advertisements, to provide personalized content, and to provide a safer experience. We provide more information about Cookies, including the different types of Cookies that you may encounter on the Internet, elsewhere in any of these provisions.
You can reject certain Cookies by visiting our Cookie Consent Tool and using the controls provided, as well as through your browser or device settings, but in some cases doing so may affect your ability to use our products and services. If you are a resident of the European Economic Area, the UK, or Switzerland, only essential Cookies are used, without your consent, when you visit our Sites.
Through the Use of Adobe Flash Cookies. Krkonos and its Third-Party Service Providers may use Flash Cookies, otherwise called Flash Local Stored Objects, to display content based on what you have viewed on our Sites in order to personalize your visit, to store your preferences or information that you have input or to collect and store Automated Information about you. Flash Cookies are different than browser Cookies and will not be affected by changes in browser settings. Please visit helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html to learn more about Adobe Flash Cookies and how to prevent such Adobe Flash Cookies from being stored on your computer or device. If you reside in the European Economic Area, the UK, or Switzerland, we will only employ Adobe Flash Cookies with your consent. Please remember that if you do not consent to the placement of Adobe Flash Cookies, you may not be able to enjoy certain of the functionality on our Sites.
Through the Use of Web Beacons and Other Similar Technologies. Krkonos and its Third-Party Service Providers may use Web Beacons (also known as GIFs or clear GIFs) and similar technologies that are electronic images that may recognize cookies on your browser when you view a website or an email. The use of data collected by such technologies assists us in measuring the success of our advertising campaigns, understanding how many viewers open an email message, and understanding the use of our Sites, including compiling analytics about its use. We may allow our Third-Party Service Providers to collect and compile Anonymous Information and Aggregate Information from the use of Web Beacons on our Sites to determine the efficiency of our Sites and the effectiveness of our marketing campaigns. To learn more about our use of these technologies in Interest-Based Advertising and Analytics, visit Interest-Based Advertising and Analytics, where you will be provided the opportunity to opt-out of the future delivery of certain interest-based advertising promoting our products and services and our collection of your online behavior on our Sites for analytics purposes. And, you may disable some Web Beacons by disabling certain Cookies from your browser. See Through the Use of Cookies, above. If you reside in the European Economic Area, the UK, or Switzerland, we only use Web Beacons and similar technologies with your consent.
Through Your Browser. Some information is collected automatically from your browser, such as your Media Access Control or "MAC address," your computer type, operating system and version number, device manufacturer, Internet browser and version number, and the name and version of the websites you visit and applications you are using. We use this information to assist us in enhancing and correcting the performance of our Sites. To the extent any of this information is collected through the use of "non-essential cookies," if you reside in the European Economic Area, the UK, or Switzerland, we only collect this information with your consent.
Through Your Use of Your Mobile Device. If you are using a mobile device to interact with our Mobile Applications, we may collect information about your online behavior utilizing your device's Mobile Advertising Identifier or other temporary numeric identifier. This allows us to follow your online behavior without accessing your mobile device's permanent identifier. As part of the collection of Automated Information from your mobile device, we may collect information about your physical location. We use this information to provide you with geographically based material, such as when you search for a home on a mobile device. We will provide information to you regarding Krkonos communities that are close to you. We may share your physical location with our Third-Party Service Providers so that they may combine this information with other information about your browsing behavior such as the advertisements that you viewed. This allows us and our Third-Party Service Providers to share with you information that is of interest to you. This information may also be used by Third-Party Service Providers to track you across the devices that you use. Most mobile devices contain built in privacy controls that will allow you to opt-out of interest-based advertising or cross application advertising. Most also have functionality that will allow you to change your Mobile Advertising Identifier. To learn more about our use of these technologies in interest-based advertising and analytics, visit Interest-Based Advertising and Analytics, where you will be provided the opportunity to opt out of the future delivery of certain interest-based advertising promoting our products and services and our collection of your online behavior on our Sites for analytics purposes.
If you are a resident of the European Economic Area, the UK, or Switzerland, without your consent we will not collect location information from your device, use that information to provide you with geographically based material, or share your physical location with our Third-Party Service Providers so that they may combine that location with other information about your browsing behavior to share information of interest with you, or track you across different devices.
Through Our Server Logs. Your IP Address is automatically logged to our server logs whenever you visit our Sites, together with the date and time of your visit and the pages on our Sites that you visit. Your IP Address is a unique numerical identifier that is assigned to your device by your ISP. Collecting IP Addresses is standard practice for website operators across the Internet. We use IP Addresses to assist us in enhancing and correcting the performance of our Sites. We use and disclose IP Addresses in accordance with applicable law.
Through an Application That You Use. You may use a program or service that we operate or that one of our Third-Party Service Providers operates on our behalf that is displayed on any one of our Sites. When you use the application, we or our Third-Party Service Providers may collect information about your usage of the application. We use this information to improve the functionality of our applications and to determine usage patterns.
Through Devices Installed in Your Home. Devices installed in your home may collect information about you and your use of the device. These devices may include, for example, a video doorbell, a door lock, a programmable thermostat, a smart light switch, a touchscreen smart home control device, home security devices such as door and window contacts and motion detectors, a garage door opener, and a smart speaker, all of which are integrated by a home automation platform. Certain of the information collected by these devices may be shared over the Internet with the third?party providers of the devices and will be used by these companies in accordance with their own privacy policies and practices. We recommend that you carefully review your agreements with, and other terms and conditions published by, these third-party providers, as well as additional information about the devices by visiting Smart Home. In homes that you purchase from us, Krkonos does not collect any information from these devices about you or your use of the devices. With respect to homes that we rent, we or our Third-Party Property Managers are provided certain information collected by these devices, on an ongoing basis, for property management purposes.
HOW AND WITH WHOM WE SHARE INFORMATION WE COLLECT.
We do not share your Personal Information with any third parties except in accordance with all of these provisions. You may opt-out of certain sharing or opt back in if you have previously opted out, by emailing us. In this regard, to the extent permitted by applicable law, Krkonos discloses information including your Personal Information that we collect online as well as information that we may have collected about you in person, without notice to you, to the following categories of third parties:Krkonos Affiliates.
Krkonos and its Affiliates may share your information, including your Personal Information. Such sharing occurs primarily to complete transactions that you have requested, such as your home purchase. Such sharing may be for the direct marketing purposes of Krkonos or its Affiliates. If you reside in the European Economic Area, the UK, or Switzerland, we will only share your information for the direct marketing purposes of Affiliates with your consent. Krkonos is the party responsible for the management of your Personal Information that is jointly used by our Affiliates. Third-Party Service Providers.
If you are a Krkonos customer or prospective customer, we share your information, which may include Personal Information, with our, Third-Party Service Providers, including our subcontractors, financial institutions, payment processors, providers of technology services, equipment installers, and telecom providers, and to permit our Third-Party Service Providers to communicate with you and provide services to you. Our sharing of your information with certain of our Third Party Service Providers is described in more detail below.
Financial Institutions and Payment Processors.
If you initiate a transaction, such as making a home purchase or rental deposit or monthly rental payment, your payment card or banking information will be transmitted to, and shared with, the Third-Party Service Providers processing electronic payments for us as well as the financial institutions and other Third-Party Service Providers involved in processing your payment. Your information will be subject to all of these provisions and the security safeguards implemented by Krkonos, contractual limitations on use and disclosure included by Krkonos in its agreements with its Third-Party Service Providers processing electronic payments, as well as the security practices and safeguards of the financial institutions involved in processing your payment. We retain no payment card information. With regard to ACH transactions, in accordance with requirements issued by the National Automated Clearing House Association or "NACHA," we will retain your written authorization, authorizing us to process an ACH transaction, which will include certain of your banking account information. We will retain no other information generated or input by you in your ACH transaction.
Third-Party Property Managers.
With respect to homes we rent, Third-Party Property Managers may perform leasing and property management services for our communities. In the performance of these services, we may share your Personal Information with our Third-Party Property Managers, or they may collect your Personal Information. The collection and use of your Personal Information by our Third-Party Property Managers for the leasing and management of our communities is governed by their privacy policies.
Analytics Providers.
Certain of our Third-Party Service Providers assist us in analyzing Automated Information that we, and they, collect regarding the online behavior of visitors to our Sites. Automated Information collected through cookies assists us in analyzing, for example, which communities and homes visitors have viewed, which pages of our Sites are of most interest, what promotions visitors have enjoyed and the success of our advertising campaigns.
Interest-Based Advertising Providers.
Krkonos utilizes Third-Party Service Providers to deliver advertisements including interest-based advertisements to you based on your previous online behavior, including your browsing history, as well as other Automated Information that they have collected about you while you have visited websites and utilized applications, including our own. Our interest-based advertisements may be delivered to you on our Sites, across the Internet and across your devices. If you are a resident of the European Economic Area, the UK, or Switzerland, we will only utilize Third-Party Service Providers in this manner with your consent. To learn more about our interest-based advertising and analytics, visit Interest-Based Advertising and Analytics, where you will be provided the opportunity to opt-out of the future delivery of certain interest-based advertising promoting our products and services and our collection of your online behavior on our Sites for analytics purposes.
Storage Providers.
We may share your information, including your Personal Information, with third parties for the purpose of helping us gather, store, and maintain data.
Other Third Parties.
Third Parties Involved in Your Home Purchase. We may share information about your home purchase with your settlement agent and, in some cases, the land seller, land developer, or master developer of your community, in order to complete your home purchase. If you purchase or rent a home from us in a community with a homeowner association, we share your Personal Information with the homeowner association so that it may perform its responsibilities, such as collecting dues and sending notices.
Third Parties for Their Marketing Purposes.
We may share your Personal Information with other third parties, so that they may contact you for their marketing purposes. We may receive a referral fee or other monetary benefit from such sharing.
In addition, some Krkonos products and services may be promoted with other companies, including our Affiliates. If you click on links in these advertisements or register to receive more information about the co-branded products and services, your information, including your Personal Information, will be shared by Krkonos with the other company associated with the co-branded advertisement. The information will be collected, used and shared in accordance with each company's privacy policy and other agreements with you.
Additional Purposes for Sharing.
Legal Matters. It may be necessary - by law or as a result of legal process, litigation, or requests from public or governmental authorities within or outside your country of residence - for us to disclose Personal Information. We may also disclose Personal Information if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
We may also disclose Personal Information if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our terms and conditions, investigate fraud, or protect our operations or users.
To Investigate and Prevent Suspicious Activity.
We may monitor your use of our Sites or use information that we have collected about you, including Personal Information, to, identify fraudulent activities and transactions, prevent violations of our Terms of Use that govern our Sites, and prevent and prosecute misuse of our Sites. Our efforts in this regard may result in the collection and analysis of additional information about your online behavior that we may share with our Third-Party Service Providers that are assisting us in our security efforts.
Business Transactions.
In the event of a potential or actual sale, spin-off, merger, or similar corporate transaction involving a business unit of Krkonos or one of our rental communities, we may share your information, including your Personal Information, with potential or actual buyers or other parties to the transaction and for purposes related to the transaction (e.g., pre-transaction due diligence, or transfer of the business as a result of the transaction). If we share your Personal Information as part of such a transaction, the privacy policy and practices of the buyer will apply to the collection, use, and sharing of your Personal Information, on a going-forward basis.
CONTACT US.
The Sites are for general information only. If you have any questions, concerns or suggestions about our Sites, you may contact us at: Krkonos, Attn: Chief Legal Officer, 13355 Noel Road #1100, Dallas TX 75240.
EFFECTIVE DATE.
Every and all condition and provision is effective as of the date of the last update as set forth at the top of these provisions.