PLEASE READ THE FOLLOWING TERMS AND CONDITIONS

The following Terms and Conditions apply to all use of this Site by Users. By accessing or using the Site, each User agrees to be bound by the Terms and Conditions. Ascend Communities provides the information, services, text, graphics, links, or other material (“Content”) on this Site to the User, conditioned on the User’s acceptance, without modification, of the Terms and Conditions.

User’s acceptance, without modification, of the Terms and Conditions.

The Content offered on this Site is provided with the understanding that neither Ascend Communities, nor any of its affiliated entities, is engaged in rendering legal or other professional services or advice. The use of the Site is subject to the additional disclaimers, caveats, and notices that may appear throughout the Site.

Disclaimers

Ascend Communities, its subsidiaries, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Site. While Ascend Communities strives to keep Content on this Site updated, accurate, and complete, Ascend Communities, its agents, and affiliated entities will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content.

The Content provided on this Site is intended for informational purposes only and is not intended to constitute an offer or solicitation. All homes about which information is provided herein are subject to prior sale. Prospective purchasers must visit an Ascend Communities office to purchase a home. Despite the efforts of Ascend Communities to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. Ascend Communities assumes no responsibility or liability for any actions taken as a result of using this Site, or for errors or omissions in the Content on this server.

THIS SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ASCEND COMMUNITIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ASCEND COMMUNITIES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. ASCEND COMMUNITIES DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ASCEND COMMUNITIES SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS SITE, EVEN IF ASCEND COMMUNITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to and from this site

Ascend Communities does not have responsibility and shall not be liable for the accuracy or availability of information provided by Websites which are linked to the Site via hypertext or other computer “Links.” Links to external Websites are provided merely as a convenience to Users and do not constitute an endorsement by Ascend Communities of such Websites or the content, products, advertising, or other materials presented on such Websites, including any changes or updates thereto.

Equal housing opportunity

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

Specifications, Prices, Terms, Renderings and Other Information

Although every effort has been made to ensure that the prices and terms contained herein are accurate and current, at any time such prices and terms are subject to change, prior sale, selected lot premiums, and/or predetermined options. Prices shown refer to the base house and do not include any optional features. Photos and/or drawings of homes show upgraded landscaping and may not represent the lowest-priced homes in the community. Ascend Communities reserves the right to make changes to its home designs and to build more or fewer homes than currently planned. Community description and amenities are developer’s current plans, are not guaranteed, and may change without notice. All renderings and floor plans in these materials are artists’ conceptual drawings and will vary from the actual plans and homes as built. Square footage numbers are approximate and may vary depending on the standard measurement used. Ascend Communities cannot control future development and does not guarantee the preservation of any view or the natural environment surrounding its communities. Views vary significantly by lot location and may be affected by future development. Ascend Communities does not guarantee that any communities with guard gates will be guarded in perpetuity or that the gate will provide additional security or protection for residents. Promotional programs are typically available only on select lots at select communities and typically are not available in conjunction with other offers. Payment of any Broker Co-Op fee will be subject to certain conditions including, but not limited to, completion of a registration card evidencing that the buyer was accompanied by the broker on the first visit to the home. Any photographs or renderings of people in these materials do not depict racial preference. Please consult an Ascend Communities Sales Representative for specific price or other information for each community.

Employment Opportunities

Ascend Communities is an equal opportunity employer. Nothing in these materials shall constitute an offer of employment. Although Ascend Communities will use all reasonable efforts to maintain confidential any personal resumes or information submitted to it, Ascend Communities cannot guarantee that confidentiality will be maintained.

Copyright

Copyright ©2023-2024 Ascend Communities.

The entire Content included in this Site is copyrighted as a collective work under the United States and other copyright laws and is the property of Ascend Communities. The collective work includes works that are licensed to Ascend Communities. All rights reserved.

The Content is provided by Ascend Communities as a service to the public and is to be used for personal informational purposes only. Any violation of the foregoing conditions or use will subject the User to the possibility of full prosecution under applicable law.

No Content from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that the User may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content from the different areas of the Site solely for the User’s own non-commercial use, or towards making a purchase of a home, provided that the User acknowledges and agrees that all homes about which information is provided herein are subject to prior sale, and that prospective purchasers must visit an Ascend Communities Office to purchase a home. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the Content of this Site, is strictly prohibited. The User further agrees not to change or delete any proprietary notices from Content downloaded from the Site.

Notice

Ascend Communities may deliver notice to you by means of electronic mail, by general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in Ascend Communities’ account information.

Unsolicited Idea Submission Policy

Ascend Communities and its employees do not accept, review, or consider any unsolicited ideas, works, materials, proposals, suggestions, artwork, content, designs, floorplans, product designs, or the like, including for home construction, architectural plans, advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content, or creative materials (collectively, all of the foregoing “Submissions”). Please do not send or provide any Submissions in any form to Ascend Communities or any of its employees online, via mail, FedEx, UPS, courier, email, phone, SMS text message, in person, to our registered agent, or at any of our offices, sales offices, design studios, construction sites, other company properties, industry events, trade shows, or any other means of communication or locations for Ascend Communities and its employees.

The purpose of this policy is to avoid potential misunderstandings or disputes when Ascend Communities’ home construction, architectural plans, floorplans, designs, products, product designs, services, technologies, advertising, promotions, marketing strategies, or content might seem similar to Submissions provided to Ascend Communities. If, despite our request that you not send us your Submissions, you still submit them, then regardless of what you or your correspondence states, the following terms will apply to your Submissions.

Terms of Idea Submission

You agree that: (1) your Submissions and their contents, along with related intellectual property rights, will automatically become the property of Ascend Communities, without any compensation to you; (2) Ascend Communities will be free to use, redistribute, or disclose the Submissions and their contents for any purpose and in any way on an unrestricted basis without any compensation to you; (3) there is no obligation for Ascend Communities to review the Submissions; (4) there is no obligation to keep any Submissions confidential; (5) your Submissions will expressly be deemed to be non-confidential and not proprietary; and (6) Ascend Communities has no obligation to you, including, but not limited to responding, reviewing, acknowledging, replying, or returning any materials arising out of or related to the Submissions.

Applicability of Terms and Conditions

These Terms and Conditions and Privacy Policy are applicable upon the User’s access to the Site. Site users are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy). These Terms and Conditions may be revised, modified, amended, or supplemented by Ascend Communities without notice at any time for any reason. These terms and conditions shall apply to all Users regardless of any future transaction or dealings between such User and Ascend Communities, or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.

Intent Reservation Program

Your Intent to Reserve an Ascend Communities home online (“Intent Reservation”), including your request for the Reservation, and the agreement made with Ascend Communities for the Home referenced herein shall be subject to these Intent Reservation Program Terms and Conditions (“T&Cs”). When you submit your request for an Intent Reservation for the home you select through ascendcommunities.com online interface (“Home”) you will be deemed to have read, understood, accepted, and agreed to these T&Cs without further action required by either you or Ascend Communities to abide by these T&Cs. THE INTENT RESERVATION PROGRAM IS NOT AN OFFER TO SELL THE HOME AND IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN.

Your acceptance of these T&Cs is indicated by your online submission of your request for the Intent Reservation. Your acceptance of these T&Cs (“Intent Reservation Submittal”) does not create a contractual obligation to enter into an agreement for the purchase and sale of the Home (“Purchase Agreement”) on the part of you or Ascend Communities. Your Intent Reservation Submittal, and any confirmation by Ascend Communities of your request for the Intent Reservation, is completely unrelated to any determination of availability of, or qualification for, financing for your purchase of the Home, should you decide to enter into a Purchase Agreement for the Home. Any reference to any purchase price for the Home (“Advertised Price”) or the purchase prices of any of the other homes at the community in which the Home is located (“Community”), as may be reflected on this website or otherwise, is current as of the date the price list was published, but is subject to change at any time without notice. You acknowledge and agree that the Advertised Price as of the date of your Intent Reservation Submittal is not necessarily the price at which the Home will be offered for sale to you by the time you are prepared to sign a Purchase Agreement. The Advertised Price does not include any lot premiums, closing costs, or incentives that may apply to the Home, or any options or upgrades selections by homebuyers.

To request an Intent Reservation, including any request for a Backup Reservation (as described below), you will be required to sign up for a MyAscend profile where you will be able to reference/view the reservation.

Upon confirmation of your request for an Intent Reservation, you are responsible for scheduling an appointment to meet with an Ascend Communities representative to review the Purchase Agreement and other documentation applicable to the Home and the Community. Such appointment shall occur no longer than 24 hours after the Commencement Time.

In certain instances, you may be able to place a request for an Intent Reservation of a Home that is already subject to an existing pending Intent Reservation(s), with such request referred to as a request for a “Backup Intent Reservation.” Any request for an Intent Reservation, including any Backup Intent Reservation, remains subject to the review and confirmation of Ascend Communities, and an Intent Reservation or Backup Intent Reservation shall not exist until Ascend Communities responds with an electronic communication to you indicating that your request for an Intent Reservation or Backup Intent Reservation was confirmed, if at all, by Ascend Communities. Your submittal of a request for an Intent Reservation or a Backup Intent Reservation shall not create any right or priority in your ability to reserve or purchase any Home, and any acceptance of your request for an Intent Reservation or Backup Intent Reservation remains subject to the sole and absolute discretion of Ascend Communities.

You understand and accept that your submission of an Intent Reservation Submittal or Backup Intent Reservation, and Ascend Communities’ confirmation of your Intent Reservation request or Backup Intent Reservation request is NOT an obligation for Ascend Communities to remove the Home from sales availability in the sales community. The Intent Reservation or Backup Intent Reservation does not prohibit Ascend Communities from entering into a purchase agreement for the sale of the Home with a third party who may do so at any time by executing a purchase agreement in person with a representative at the community. You understand that, during your 24-hour Intent Reservation period, another prospective buyer may enter into a purchase agreement for the Home even if you have an Intent Reservation. If you do not sign a purchase agreement with Ascend Communities for the Home within the 24-hour Intent Reservation period, your Intent Reservation will expire and the first Backup Intent Reservation will begin their 24-hour Intent Reservation period.

If you have not signed a purchase agreement within 24 hours of the Commencement Time, with you indicated as one of the “Buyers” under the purchase agreement, and satisfied all conditions associated with the execution of the purchase agreement, including without limitation any obligation to provide evidence of the funds necessary to purchase the Home or pre-qualify with Ascend Communities affiliated lender, Ascend Communities may contact Backup Intent Reservations to sign a purchase agreement, and neither you nor Ascend Communities shall have any obligation to the other with respect to the Home. Your submission of the request for the Intent Reservation, the Intent Reservation Submittal, Backup Intent Reservation, or the Backup Intent Reservation Submittal, including the acceptance of these T&Cs, and any confirmation by Ascend Communities of your request for an Intent Reservation or Backup Intent Reservation, does not create a contractual obligation to enter into a purchase agreement on the part of you or Ascend Communities.

Depending upon the stage of construction and completeness of the Home, you may not have the ability to select any options or upgrades for the Home and Ascend Communities’ ability to offer reasonable accommodations if so requested may be very limited or non-existent. Ascend Communities may, but has no obligation to, offer you any options or upgrades for the Home. Ascend Communities reserves the right to limit, modify or condition options or upgrades offered with respect to the Home. All features of the Home that have actually been installed are controlling over any published features list or any other representations regarding the Home’s features.

These Intent Reservation Program T&Cs do not serve as a referral or other agreement with any real estate broker or agent who may represent you, if any. If you wish to register your real estate broker or agent with Ascend Communities, you must comply with the Ascend Communities Broker Co-op Agreement and not have been previously registered as a prospect by a community representative. Your real estate broker or agent must introduce you to Ascend Communities and: (a) must accompany you in person to the community office and register on your first visit; or (b) register you as otherwise permitted by the Ascend Communities Broker Co-op Agreement.

You, including anyone in your household, may submit only one (1) Intent Reservation and one (1) Backup Intent Reservation within any two (2) week period on any homes offered for sale by Ascend Communities, or any of its affiliates. You are prohibited from assigning your Intent Reservation or Backup Intent Reservation. Any attempted assignment will immediately cancel your Intent Reservation or Backup Intent Reservation and render it void. By entering into these Intent Reservation Program T&Cs and submitting the Reservation Submittal, you are confirming that you are at least 18 years of age.

Miscellaneous

The use of the Site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions. The 1980 UN Convention on the International Sale of Goods is hereby expressly disclaimed.

Any cause of action or claim made by a User with respect to the Site (including but not limited to the purchase of a home through an Ascend Communities Office) must be commenced within one (1) year after the claim or cause of action arises. Ascend Communities’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ascend Communities may assign its rights and duties under the Terms and Conditions to any party at any time without notice to the User.