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TOUSA Supplier Portal User Agreement and Privacy Policy (Printer-friendly version)

Technical Olympic USA, Inc. Supplier Portal User Agreement and Privacy Policy

THE FOLLOWING DESCRIBES THE TERMS ON WHICH TECHNICAL OLYMPIC USA, INC. OFFERS YOU ACCESS TO OUR SERVICES.  

User Agreement.
Welcome to the user agreement (the "Agreement" or "User Agreement") for Technical Olympic USA, Inc. ("TOUSA"). This Agreement describes the terms and 
conditions applicable to your use of our services available under the domain and sub-domains of supplier.tousa.com (the "Site"). If you do not agree to be 
bound by the terms and conditions of this Agreement, do not use or access our services. 

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and 
conditions expressly set out below and those incorporated by reference, before you may become a user of TOUSA's Supplier Portal. We strongly recommend that, 
as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may 
contain further terms and conditions that apply to you as a TOUSA Supplier Portal user. Please note: underlined words and phrases are links to these pages 
and websites. By accepting this User Agreement, you also agree that your use of other TOUSA websites will be governed by the User Agreement and Privacy 
Policy posted on those websites. 

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 
1 day after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and TOUSA. This Agreement is 
effective upon acceptance in registration for new registering users, and is otherwise effective on January 1, 2005 for all users.

User Eligibility. 
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the 
foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended TOUSA Supplier Portal users.  
Your TOUSA Supplier Portal account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent 
that you have the authority to bind the entity to this Agreement.  

Access and Interference. 
Much of the information on the Site is updated on a real time basis and is proprietary TOUSA. You agree that you will not use any robot, spider, scraper or 
other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any 
action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, 
modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed 
written permission of TOUSA; (iii) or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. 

Privacy. 
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information 
as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your 
information is one of our most important assets. We store and process your information on computers located in the United States that are protected by 
physical as well as technological security devices. Our current Privacy Policy is available at http://www.tousa.com/terms.html. If you object to your 
Information being transferred or used in this way please do not use our services. 

No Warranty. 
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, 
EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing 
disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.  

Liability Limit. 
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR 
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). 

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS 
LIMITED TO $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not 
apply to you.  

Indemnity. 
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any 
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it 
incorporates by reference, or your violation of any law or the rights of a third party.  

Legal Compliance. 
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.  

No Agency. 
You and TOUSA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or 
created by this Agreement.  

Notices. 
Except as explicitly stated otherwise, any notices shall be given by postal mail to Technical Olympic USA, Inc. Attn: Legal Department 4000 Hollywood Blvd. 
Suite 500N, Hollywood, FL 33021. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address 
provided to TOUSA during the registration process.
 
Resolution of Disputes.
In the event a dispute arises between you and TOUSA, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. 
Accordingly, you and TOUSA agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be 
resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these 
alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute 
through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. 

Binding Arbitration.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Technical 
Olympic USA, Inc. may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions 
where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance 
with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator 
may be entered in any court having jurisdiction thereof.  

Court. 
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Broward County, Florida or where the defendant is located (in our 
case Hollywood, Florida, and in your case your home address or principal place of business). You and TOUSA agree to submit to the personal jurisdiction of 
the courts located within the county of Broward, Florida.  

Alternative Dispute Resolution. Alternatively, TOUSA will consider use of other alternative forms of dispute resolution, such as binding arbitration to be 
held in Broward County, Florida or another location mutually agreed upon by the parties.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is 
selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may 
recover attorneys' fees and costs up to $100, provided that the party seeking the award has notified the other party in writing of the improperly filed 
Claim, and the other party has failed to withdraw the Claim.  
Additional Terms. 
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on 
the Site: Privacy Policy: http://www.tousa.com/terms.html.

Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using 
particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be 
posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. 

General. 
This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed 
entirely within Florida between Florida residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site 
may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision 
shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned 
by TOUSA in accordance with Section "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or 
describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to 
subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 
Sections Fees and Services with respect to fees owed for our services, Release, License, Access and Interference, Liability Limit, Indemnity and Resolution 
of Disputes shall survive any termination or expiration of this Agreement.  

Disclosures. 
The services hereunder are offered by TOUSA, located at 4000 Hollywood Blvd. Suite 500N, Hollywood, FL 33021.

Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist 
you in limiting access to material that is inappropriate for minors. If you are interested in learning more about these protections, information is available 
at  http://www.safetysurf.com/  or other analogous sites providing information on such protections. The preceding link is provided for information purposes 
only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. TOUSA is not affiliated with SafetySurf.com. 

Disputes between you and TOUSA regarding our services may be reported to Customer Support. We encourage you to report all user-to-user disputes to your local 
law enforcement, postmaster general, or a certified mediation or arbitration entity. 

Additionally, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs.

Technical Olympic USA Privacy Policy.
Your privacy is very important to us. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit 
consent. Please read this privacy policy to learn more about the ways in which we use and protect your personal information. We want you to fully understand 
our privacy practices and therefore, in addition to this Privacy Policy, we have created Privacy Central to help you fully evaluate our practices and answer 
privacy questions.

Overview.
The privacy practices of this statement apply to our services available under the domain and subdomains of supplier.tousa.com (the "Site") and apply 
generally to our subsidiaries or joint venture websites whose specific privacy policies are available from our Privacy Central pages. By visiting this 
website you agree to be bound by the terms and conditions of this Privacy Policy and the Privacy Policy posted at http://www.tousa.com/terms.html. If you do 
not agree please do not use or access our Site. 

This Privacy Policy describes the information, as part of the normal operation of our services, we collect from you and what may happen to that information. 
Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about TOUSA's practices so that 
you can make informed decisions. All of our subsidiaries and joint ventures operate under similar privacy practices as described in this Privacy Policy and, 
subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the global TOUSA community.

By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our use and disclosure of your personal information in 
accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the TOUSA User Agreement. This Privacy Policy is 
effective upon acceptance in registration for new registering users, and is otherwise effective on January 1, 2005 for all users.

A Special Note About Children.
Children (persons under the age of 18) are not eligible to use the Site unsupervised and we ask that children do not submit any personal information to us.

Information We Collect.
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide 
services and features that most likely meet your needs, and to customize our service to make your experience safer and easier. We only collect personal 
information about you that we consider necessary for achieving this purpose.

In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal 
information, you are not anonymous to us. If you choose to use our services, we may require you to provide contact and identity information, billing 
information, shipping information and other personal information as indicated on the forms throughout the Site. Where possible, we indicate which fields are 
required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature.

We automatically track certain information based upon your behavior on the Site. We use this information to do internal research on our users' demographics, 
interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether 
this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, and your IP address.

We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and 
promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are 
only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help 
us provide information that is targeted to your interests. (Learn more about why we use cookies). Most cookies are "session cookies," meaning that they are 
automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case 
you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session. 

Additionally, you may encounter "cookies" or other similar devices on certain pages of the Site that are placed by third parties. For example, if you view a 
web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or 
postings on the Site, we may collect such information into a file specific to you.

For a chart showing what information we collect from or about you, and who has access to that information, please see the Appendix. 

Our Use of Your Information.
We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other 
information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; measure consumer interest in our 
products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against 
error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look 
across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple 
User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy. 

You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and 
product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to 
provide you with a smooth, efficient, safe and customized experience while using the Site.

You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such 
as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User 
Agreement and Privacy Policy, you expressly agree to receive this information.

Our Disclosure of Your Information.
As a matter of policy, we do not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent. 
However, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our services.

Internal Service Providers for Our Operations. 
We may use third parties that we refer to as internal service providers to facilitate or outsource one or more 
aspects of the business, product and service operations that we provide to you and therefore we may provide some of your personal information directly to 
these internal service providers. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that 
prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced TOUSA related operation, unless you 
have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information 
directly from you (such as for TOUSA surveys). In these cases, you will be notified of the involvement of the internal service provider, and all additional 
information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider 
directly, then their use of your personal information is governed by their applicable privacy policy.

Other Corporate Entities. 
We share much of our data, including personal information about you, with our subsidiaries and joint ventures that are committed to 
serving your online trading needs and related services, throughout the world. To the extent that these entities have access to your information, they will 
treat it at least as protectively as they treat information they obtain from their other users. Our subsidiaries and joint ventures follow privacy practices 
no less protective of all users than our practices described in this document, to the extent allowed by applicable law. TOUSA, its subsidiaries, its joint 
ventures, or any combination of such, will share some or all of your personal information with another business entity should we plan to, merge with, or be 
acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to 
your personal information. If your personal information will be used contrary to this policy, you will receive prior notice in as provided in Section Notice.

Legal Requests. 
TOUSA cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud 
and other rights, to help protect you and the TOUSA community from bad actors. Therefore, in response to a verified request by law enforcement or other 
government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, 
telephone number, email address, UserID history, and fraud complaints without a subpoena. Without limiting the above, in an effort to respect your privacy 
and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government 
officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information 
is necessary to: prevent imminent physical harm or financial loss; or report suspected illegal activity. 

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed 
in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information 
to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or 
users may abuse or misuse your personal information that they collect from the Site. Therefore, although we use industry standard practices to protect your 
privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Control of Your Password.
You are responsible for all actions taken with your User ID and password. Therefore we do not recommend that you disclose your TOUSA password to any third 
parties. If you choose to share your User ID and password or your personal information with third parties, you are responsible for all actions taken with 
your account and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over 
your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any 
reason, you should immediately change your password.

Accessing, Reviewing and Changing Your Personal Information.
We offer you the ability to automatically review and change the information you submit to us by logging into the Site and entering in the new information 
yourself. Generally, we will not modify your personal information based on your request because it is very difficult to authenticate your account manually. 
You can change your user Id, email address, contact information, and user preferences by going the profile section in the TOUSA Supplier Portal. You must 
promptly update your personal information if it changes or is inaccurate.

Upon your request, we will deactivate your account from our active databases. To make this request, email helpdesk@tousa.com. Such information will be 
deactivated as soon as reasonably possible based on your account activity and in accordance with our deactivation policy and applicable law.

We will retain in our files some personal information you have requested to remove to prevent fraud, resolve disputes, troubleshoot problems, assist with any 
investigations, enforce our User Agreement and comply with legal requirements as is permitted by law. Therefore, you should not expect that all of your 
personal information will be completely removed from our databases in response to your requests. However, such personal information will be deactivated from 
viewing and will only be available to select TOUSA personnel.

Security.
Your information is stored on TOUSA's servers located in the United States. We use procedural and technical safeguards to protect your personal information 
against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption, "firewalls" and Secure Socket Layers. We 
treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from 
unauthorized access by users inside and outside the company. However, "perfect security" does not exist on the Internet.

Privacy Tools.
It is our goal to make our privacy practices easy to understand. We have created easy-to-read summaries, privacy principles, a privacy chart and, are working 
on privacy enhancing technology to help summarize our full privacy policy. If you have questions about any part of this summary or if you would like more 
detailed information, we encourage you to review our full privacy policy.

Notice.
We may amend this Privacy Policy at any time by posting the amend terms on the Site. All amended terms shall automatically be effective 1 day after they are 
initially posted on the Site.

Please check the box below:
	I accept the User Agreement and Privacy Policy above.

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