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CODE OF CONDUCT

CODE OF CONDUCT

  Code Of Business Conduct And Ethics
Code of Business Conduct and Ethics Quicklinks
Introduction
Duty to Disclose and Report
Compliance With All Laws, Rules, and Regulations
Conflicts of Interest
Corporate Opportunities and Transactions with Company Customers, Employees, and Partners
Accounting Practices and Integrity of Records
Document Retention
Use of Inside Information
Fair Dealing
Workplace Environment
Antitrust and Competition
Prohibition Against Bribery of Government Officials
Prohibition Against Commercial Bribery
Anti-Money Laundering and Anti-Terrorist Financing
Protection of Confidential Information and Customer Privacy
Protection and Use of Company Assets
Electronic Communications and Computer Systems
Civic Duties and Company Contributions
Proper Disclosure of Concessions Connected to the Sale of Beazer Homes

BEAZER HOMES USA, INC.
CODE OF BUSINESS CONDUCT AND ETHICS
Effective Date: November 18, 2009
Last Revised: November 8, 2016

1.0 INTRODUCTION

Beazer Homes USA, Inc. and its subsidiaries (collectively, the “Company”) are committed to maintaining the highest ethical standards and compliance with the law at all levels. This Code of Business Conduct and Ethics (the “Code”) is intended as an overview of guiding principles. The Code is not intended as a restatement of the Company’s policies and procedures, which can be found on The Beazer Way.

Compliance with the Code is mandatory, and, the requirements of the Code apply to all Directors and Employees of the Company.1 Adherence to the requirements of the Code is a condition of employment at the Company, but no contract of employment is intended or offered by reason of the Code. Violations of the Code will not be tolerated and will result in appropriate action being taken, including disciplinary action, up to and including termination, against any Employee who has committed or participated in any such violations.

The Code cannot and is not intended to cover every applicable law or provide answers to all questions that might arise. Nor do the provisions of the Code address exclusively legal matters. Because the Company’s business depends upon the reputation of the Company and its Employees for integrity and principled business conduct, by design the Code often goes beyond the requirements of applicable Laws and Regulations (as defined in Section 3.0 of the Code). You must rely on your good sense of what is right, including a sense of when it is appropriate to seek guidance regarding the appropriate course of conduct. In order to ensure that the Company can maintain the respect of customers, Employees, Partners,2 regulatory authorities, governmental authorities and the communities in which the Company operates, you should ask yourself whether the conduct that is being contemplated would withstand public disclosure and scrutiny and whether it would be consistent with the Company’s Core Values: Competitiveness, Teamwork, Integrity, Openness and Urgency (C-T-I-O-U).

The Company will from time-to-time publish Interpretive Guidelines for the Code (the “Guidelines”) to provide more detailed explanations and guidance about how the Code applies in particular circumstances. Copies of the Guidelines may be found on The Beazer Way. Additionally, the Company has many specific policies and procedures that provide Employees with guidance on various matters relevant to their work and conduct, and you must be familiar with and comply with those policies and procedures that are relevant to your work and conduct at the Company.

To ensure that all Employees understand their responsibilities under the Code, all new Employees will participate in introductory training on the Code. In addition, all Employees will receive periodic and mandatory training on their responsibilities under the Code. As an Employee, you are expected to attend these training sessions, and it is your responsibility to ensure that you understand your obligations and that you follow up with any questions with the appropriate resources and/or individuals if there are topics about which you are unclear.

To the extent you have any questions about the Code, the training program, or, more generally, the Company’s compliance program, you should ask your immediate supervisor, the Company’s Compliance Officer or the Company’s General Counsel for clarification and/or additional information.

Any waivers of the Code for Directors, executive officers or senior financial officers must be promptly disclosed to stockholders in accordance with applicable Laws and Regulations.

2.0 DUTY TO DISCLOSE AND REPORT

In addition to a duty to adhere to the Code and disclose any personal violations, Employees and Directors also have an obligation to report known or suspected violations of the Code, including situations in which the Company could be implicated as a result of unlawful conduct. If an Employee or Director knows or suspects a violation of the Code, that person must report the situation to the Company’s General Counsel or Compliance Officer or, alternatively, to the Company’s Ethics Hotline by calling:

1-866-457-9346

A report also may be submitted by completing a form via the website address below (“Online Form”), which address can also be found on the Company’s Internet:

https://www.integrity-helpline.com/Beazer.jsp

Both the Ethics Hotline and Online Forms are operated by an independent third- party company. No report submitted through the Ethics Hotline or an Online Form that addresses conduct or actions of a specific individual will be delivered to that individual.

If you choose, you may report any concerns on an anonymous basis via the Ethics Hotline or an Online Form. For Employees submitting reports by any other means and wishing to remain anonymous, reasonable steps will be taken to ensure that the identity of the reporting Employee is kept confidential.

The Company is committed to providing an open and honest environment, and any reports, whether made to an individual, to the Ethics Hotline, through an Online Form or otherwise, will be handled in a fair and respectful manner. Reports will be shared only with appropriate personnel, including the Company’s Compliance Officer. To protect the rights of each Employee, no attempt to discipline or retaliate against any Employee for reporting in good faith known or suspected violations of the Code, Laws and Regulations or Company policies will be permitted or tolerated. If you believe you have been subject to harassment or retaliation, you should contact the Company’s General Counsel, the Company’s Head of Human Resources, a representative of the Human Resources Department or the Company’s Compliance Officer.

Additionally, stockholders and other interested parties wishing to communicate directly with the Non-Executive Chairman of the Board or non-management Directors as a group may do so by addressing their communications to the Ethics Hotline and specifically referencing them as communications for the Non-Executive Chairman or non-management Directors.

The names and phone numbers for the individuals to whom known or suspected violations of the Code may be reported, as well as information related to the Ethics Hotline and Online Forms, can be found in the Guidelines.

2.1 Investigations

All reports of known or suspected violations will be taken seriously, and, if warranted, investigated in compliance with all relevant Laws and Regulations.

2.2 Consequences

If it is determined that there have been violations of the Code, including unlawful conduct, a designated person shall determine the appropriate actions to be taken. Such actions shall be reasonably designed to deter wrongdoing and to promote accountability for adherence to the Code, and may include but are not limited to, disciplinary action, up to and including termination or in the case of a Director, removal from the Board. In determining what action is appropriate in a particular circumstance, the designated person(s) will consider all relevant information, including, for example, the nature and severity of the violation, whether the violation was a single occurrence or repeated occurrences, whether the violation appears to have been intentional or inadvertent, whether the Employee(s) in question had been advised prior to the violation as to the proper course of action and whether the Employee(s) in question had committed other violations in the past.

3.0 COMPLIANCE WITH ALL LAWS, RULES AND REGULATIONS

The Company is committed to ensuring compliance with all applicable federal, state and local laws and with all applicable rules and regulations set forth by governmental authorities, stock exchanges on which the Company’s shares are listed and any other regulatory bodies (collectively “Laws and Regulations”). Employees and Directors must strive to comply at all times with all Laws and Regulations in connection with their service as Employees and/or Directors of the Company.

If it is unclear whether an action being considered would violate applicable Laws and Regulations, you should seek advance guidance from the Company’s General Counsel or Compliance Officer.

Violations of applicable Laws and Regulations may subject Employees to disciplinary action, up to and including termination or removal from the Board (in the case of a Director).

4.0 CONFLICTS OF INTEREST

Employees and Directors must avoid any actual or apparent conflict of interest with the Company. A conflict situation can arise when an Employee or Director takes actions or has interests that could make it difficult to perform his or her work/duties objectively and effectively, or could reasonably appear to have interests that could make it difficult to perform his or her work/duties objectively and effectively.

Conflicts of interest are generally prohibited as a matter of Company policy. Exceptions may only be made after the prior review and approval by the Company’s General Counsel or Compliance Officer or, in the case of Directors or executive officers, by the Audit Committee of the Board of Directors. Conflicts of interest may not always be clear-cut, so if you have a question, you should consult the Company’s General Counsel or Compliance Officer. Any Employee or Director who becomes aware of a conflict or potential conflict must bring it to the attention of the Company’s General Counsel or Compliance Officer, or the Company’s Ethics Hotline as discussed above.

The Code is not intended to prevent Employees from owning stock in publicly-traded companies or from applying for membership or participating in civic, charitable or similar organizations.

5.0 CORPORATE OPPORTUNITIES AND TRANSACTIONS WITH COMPANY CUSTOMERS, EMPLOYEES AND PARTNERS

Employees and Directors have a duty to the Company to advance the Company’s legitimate interests when the opportunity arises. No Employee or Director may: (a) take for himself or herself personally opportunities that are discovered through the use of Company property, information or position; (b) use Company property, information or position for personal gain; or (c) compete with the Company. Accordingly, you must promptly inform the Company’s General Counsel or Compliance Officer of any business opportunity, prospect, proposed investment or other potential transaction that: (1) becomes known to you by virtue of or as a result of your position with the Company; or (2) is of a type or nature that might reasonably be of interest to the Company. You may not pursue such opportunity, prospect, investment or other transaction for your personal account or for the benefit of any other non-Company business, without first offering the same to the Company and receiving the prior written approval of the Company’s General Counsel or Compliance Officer.

5.1.Defining Transactions

The foregoing disclosure and prior approval requirements are not intended to apply to normal consumer purchases or transactions made in the ordinary course for fair retail value, such as a purchase by an Employee of a product for the listed price from a Partner’s retail store. Furthermore, an Employee may take advantage of discounts offered to all Employees of the Company, so long as he or she does not use his or her position with the Company to obtain an individual concession or discount that is not generally offered to Employees. The guiding principle is that Employees and Directors must not use the Company’s position, economic leverage, and the prospect of future business or the like to secure a personal advantage.

If you fail to disclose or obtain prior approval for a transaction covered by this Section 5.0 because you were unaware of the Company’s relationship with a particular customer or Partner you must, immediately after becoming aware of the relationship, notify the Company’s General Counsel or Compliance Officer.

5.2. Certain Standards for All Transactions

Engaging in substantial personal transactions with the Company’s customers, Employees or Partners is strongly discouraged. Doing so creates opportunities for serious conflicts of interest and may constitute a violation of a number of the principles outlined in the Code as well as the Company’s Policy on Related Party Transactions. Entering into such transactions on anything other than arm’s-length price and terms can compromise the independent judgment of an Employee or Director. In addition, such transactions may improperly divert the efforts and resources of the customer, Employee or Partner away from serving the Company’s interests. You are not permitted to use the Company’s relationship or influence with any customer, Employee or Partner to achieve a personal, individual gain or advantage that is not available generally to Employees of the Company. Any such transaction should generally be on arm’s-length price and terms.

Accordingly, the Company requires regular disclosure of certain transactions with Company customers, Employees or Partners, prior approval of larger transactions and the observance of specific standards in all such transactions, as outlined in this Section 5.0.

Employees are not permitted to expose the Company to any liability (financial or otherwise) for any personal or non-Company transaction. If financing or credit is required for a personal transaction, the Employee must arrange for such financing or credit to be established in the Employee’s name, without any direct or indirect credit or financial guarantee by the Company.

The hiring of a customer, Employee or Partner by any Employee or Director for personal purposes is strongly discouraged. If you engage or hire a customer, Employee or Partner to provide services for a personal transaction: (a) such engagement may not interfere with the duties, performance or loyalty owed by you, the customer, the Employee or the Partner to the Company; (b) no Company equipment, supplies, facilities or other property may be used in performing such services; (c) such services must be performed on the hired Employee’s personal time (if applicable); (d) no undue influence may be exerted on the hired customer, Employee or Partner; and (e) the hired customer, Employee or Partner may not discount the charges for such services.

5.3. Employee Builds

Employees wishing to purchase any materials or services from a Partner or any materials or services that will be used to furnish or remodel or renovate an existing home or to build a new home, for themselves, relatives or others, must avoid potential conflicts of interest and must follow the Employee Builds Policy found on The Beazer Way.

5.4. Periodic Disclosure of Transactions Exceeding $500

All personal transactions with any Company customer, Employee or Partner, other than normal consumer purchases or transactions as defined in Section 5.1, with a value greater than $500 must be disclosed to your immediate supervisor and the Company’s General Counsel or Compliance Officer. If an individual transaction with a particular customer, Employee or Partner has a value of less than $500 but the aggregate value of all transactions with such customer, Employee or Partner meets or exceeds $500 in any fiscal year, then each individual transaction must be disclosed.

5.5. Prior Approval of Transactions of $5,000 or More

All personal transactions with any Company customer, Employee or Partner, other than normal consumer purchases or transactions as defined in Section 5.1, with a value greater than or equal to $5,000 must be disclosed to your immediate supervisor and approved in advance and in writing by the Company’s General Counsel or Compliance Officer. If an individual transaction with a particular customer, Employee or Partner has a value of less than $5,000 but the aggregate value of all transactions with such particular customer, Employee or Partner meets or exceeds $5,000 in any fiscal year, then each individual transaction must be disclosed and approved in advance.

In seeking such prior approval, you must provide a written summary of the specific transaction(s) including, at a minimum: (a) a list of the customers, Employees or Partners involved; (b) a summary of the scope, price and terms of the transaction; and (c) the schedule for any work to be performed.

5.6. Gifts

No Employee or Director shall ask, seek or solicit any potential or existing customer or Partner of the Company to furnish gifts of any value to the Employee or Director, any other Employee or Director or any Related Person, including any customer- or Partner- sponsored or paid trips or outings. The acceptance of any “standing offers” by customers or Partners constitutes asking or seeking a gift. In no event shall any gift received by an Employee or Director have the effect of reducing any benefit that the Company would otherwise receive from the transaction in question. Under no circumstances may an Employee or Director accept any gift in exchange for doing, or promising to do, anything for a potential or existing customer or Partner.

In addition, no Employee or Director may accept on behalf of himself or herself or any other person, any financial advantage, gain, or tangible gift with a face value in excess of $250 as a result of his or her position as an Employee or Director of the Company. Tangible gift is intended to include any tangible object, such as, for example, flowers, wine, gift baskets, jewelry, clothing and golf clubs. Any tangible gift received with a face value in excess of $250 must be: (1) made equally available to all Employees in the office or department (for example, through a raffle); (2) donated to a Company-sponsored charity; or (3) politely declined and returned to the person/organization from whom the gift was received, with an explanation of the Company’s ethical rules. No cash gifts or cash-equivalent gifts may be accepted from a potential or existing customer or Partner under any circumstances. A gift card may be accepted so long as (1) the face value does not exceed $250 and (2) it is either (a) made equally available to all Employees in the office or department (for example, through a raffle) or (b) donated to a Company-sponsored charity.

With respect to tickets to local concerts, sporting events, and the like (“Event Tickets”), an Employee may accept a total of four Event Tickets from a potential or existing Partner in a fiscal year. While this Section 5.6 permits Employees to accept four Event Tickets in a fiscal year even if the total face value exceeds $250, Employees must exercise good business judgment, consider the magnitude or extravagance of the Event Tickets, and consider whether the Event Tickets were purchased at face value or at a premium in order to avoid the appearance of a conflict of interest or other potential impropriety.

With respect to business-related meals (“Business Meals”), an Employee may attend an occasional Business Meal with a potential or existing Partner so long as such Business Dinner is reasonable and customary in the area under the circumstances.

In deciding whether to accept Event Tickets or invitations to Business meals, Employees must exercise good business judgment and consider the magnitude or extravagance of the Event Ticket or Business meal in order to avoid the appearance of a conflict of interest or other potential impropriety. For Event Tickets, consideration of magnitude or extravagance requires that Employees consider, among other things, whether the Event Tickets were purchased at face value or at a premium.

Questions about this Section 5.6, including about the propriety of accepting Event Tickets or invitations to Business Dinners or other business-related functions, should be directed to the Company’s General Counsel or Compliance Officer.

Exceptions to this Section 5.6 may be made only by the Company’s General Counsel or the Company’s Compliance Officer (or his or her respective designee(s)).

6.0 ACCOUNTING PRACTICES AND INTEGRITY OF RECORDS

The accuracy and reliability of the Company’s financial and business records is of utmost importance to the decisions the Company makes and to the Company’s compliance with its financial, legal and reporting obligations. It is the policy of the Company to fully and fairly disclose the financial condition of the Company in compliance with all applicable accounting principles, and Laws and Regulations. All business records, expense accounts, vouchers, bills, payrolls, service records, reports to government agencies and other such reports must accurately reflect the facts they represent.

It is the Company’s policy to make full, fair, accurate, timely and understandable disclosures in all periodic reports required to be filed by the Company with the Securities and Exchange Commission, as required by applicable Laws and Regulations. All books and records of the Company shall be kept in such a way as to fully and fairly reflect all Company transactions in accordance with the Generally Accepted Accounting Principles of the United States of America (“GAAP”). False and misleading entries in such records are unlawful and are not permitted, and no undisclosed or unrecorded funds or assets shall be established for any purpose.

The Company maintains a system of internal controls as provided for by all applicable Laws and Regulations. A detailed description of the Company’s internal control policies and procedures can be found on the Company’s Intranet, and you must report any deficiencies that could adversely affect the Company’s ability to record, process, summarize or report financial data in a full, fair and accurate manner.

The Company’s public or certified public accountants shall be given access to all information necessary for them to conduct a proper audit. Employees must not take any action, nor may they direct any others to take any action, to fraudulently influence, coerce, manipulate or mislead any public or certified public accountant engaged in the audit or review of the Company’s financial statements for any purpose, including for the purpose of rendering those financial statements misleading. Similarly, no Employee shall take any such action at the direction of any other Employee. Any such actions taken at the direction of another Employee will be deemed to have been made “for the purpose of” rendering the financial statements misleading if the Employee involved knew or was unreasonable in not knowing the improper influence, if successful, would result in rendering financial statements misleading.

The knowing or deliberate falsification of any documents may be the basis for immediate discharge and may subject an Employee to civil and/or criminal sanctions. As with any known or suspected violation of any provision of the Code, it is critical that you immediately report any known or suspected violations of this Section 6.0.

7.0 DOCUMENT RETENTION

The orderly retention of Company records is required for business, tax, financial reporting, regulatory, legal and other reasons. You therefore should be familiar with and comply with the Company’s Records Management Policy found on The Beazer Way, including any particular requirements relevant to your responsibilities within the Company. In situations where the Company has issued a notice instructing that documents within specified categories and/or time periods must be preserved (such as situations where the Company has received a subpoena and/or there is an imminent, threatened or pending government investigation or civil litigation), Employees must comply with the requirements set forth in such notice. If you believe that any records should be preserved beyond the stated requirements (for example, if you have knowledge of an imminent or threatened investigation or litigation), you should immediately contact the Company’s General Counsel or the Company’s Compliance Officer.

8.0 USE OF INSIDE INFORMATION

Insider trading, or trading stocks or other securities on the basis of “material non-public information,” is illegal and unethical and will not be tolerated. The Company protects the integrity of the trading of the Company’s securities through strict enforcement of the prohibitions against insider trading set forth in federal securities Laws and Regulations. Employees and Directors may never trade in any securities of the Company while in possession of “material non-public information.” Information is “material” when there is a substantial likelihood that a reasonable investor would consider the information important in deciding whether to buy, hold or sell securities. Information is material if it reasonably could affect the price of securities. Information is “public” only when it has been released to the public through appropriate channels and enough time has elapsed to permit the investment market to absorb and evaluate the information.

The prohibition against insider trading applies to the Company’s securities and to securities of other companies, including Company customers and Partners, if the Employee or Director learns of material non-public information about those other companies in the course of his or her duties for the Company.

The sharing of material non-public information with anyone who may buy or sell securities is also prohibited, and such information should only be disclosed to key personnel and outside advisors whose work requires that they have the information. Individuals who are not Employees and who receive material non-public information should be advised of their insider status and required to sign a confidentiality agreement, if appropriate, or instructed not to further disclose such information. Material non-public information should not be passed on to others, including family members or others living in the same household, friends, acquaintances, members of the media or analysts.

To facilitate compliance with this Section 8.0 and applicable Laws and Regulations, the Company permits trading in the Company’s securities by Employees and Directors at certain, regularly-scheduled times. During such “Open Periods,” all Employees and Directors, including those individuals with access to financial and other material information about the Company, may purchase or sell any Company securities. Individuals with access to financial and other material information about the Company may purchase or sell any Company securities only during such Open Periods. Even during Open Periods, however, you may not buy or sell Company securities if you are in possession of material non-public information at the time you seek to make the transaction. If an Employee or Director leaves his or her employment with the Company other than during an Open Period, the former Employee or Director must not buy or sell any Company securities until the next Open Period begins. In certain limited circumstances, such as financial hardship, trading other than during an Open Period will be evaluated on a case-by-case basis and will be permitted only with the prior approval of: (a)the Chair of the Nominating/Corporate Governance Committee (the “NCGC”), in the case of an executive officer, a senior financial officer or a Director (other than the Chair of the NCGC); (b) the Non-Executive Chairman of the Board, in the case of the Chair of the NCGC; or (c) the General Counsel (or his or her designee), in the case of other Employees.

At any time, the Company may close an Open Period, during which time all trading by all or certain identified Employees and Directors in Company securities (or the securities of companies identified by the Company with which the Company may do business or in which the Company may invest) is prohibited. Other than the regularly scheduled Open Periods (and corresponding periods of restricted trading), you may not disclose to any outside party that a period of restricted trading has been designated.

In addition to this Section 8.0, Employees and Directors must strictly adhere to the Company’s Use of Inside Information & Trading in Company Securities policy found on The Beazer Way. Any questions regarding compliance with this Section 8.0 should be directed to the Company’s General Counsel.

9.0 FAIR DEALING

The Company is committed to fair dealing. Each Employee or Director shall endeavor to deal fairly and in good faith with the Company’s customers, Employees, Partners, stockholders, regulators, competitors and others. No Employee or Director shall take unfair advantage of anyone through manipulation, concealment, use of privileged or confidential information, misrepresentation, fraudulent behavior or any other unfair dealing practice, and the Company shall provide equal housing opportunities for all. Unfair dealing is both unethical and can rise to the level of fraud, thereby exposing Employees, Directors and the Company to criminal and/or civil liability for violation of anti-fraud laws, as well as antitrust laws.

10.0 WORKPLACE ENVIRONMENT

The Company is committed to providing a safe, respectful and professional workplace environment that is free from acts or threats of violence, harassment or discrimination. In addition to this Section 10.0, Employees must strictly adhere to the Company’s Employment Practices found in the Employee Handbook on The Beazer Way.

10.1.Discrimination

It is the Company’s policy to provide equal employment opportunities to all Employees and prospective employees in every facet of its business. All employment-related decisions, including hiring, training, compensation, promotion, transfer, benefits and disciplinary action, shall be made without regard to race, color, religion, national origin, sex, sexual orientation, marital status, gender identity, age, disability, pregnancy and related medical conditions, veteran status or any other basis prohibited by law. Deviation from this policy will not be tolerated and will be pursued aggressively by the Company.

10.2.Harassment

Any form of harassment prohibited by law is unacceptable in the workplace and will not be tolerated by the Company. Behavior constituting harassment on the basis of race, color, religion, national origin, sex, sexual orientation, marital status, gender identity, age, disability, pregnancy and related medical conditions, veteran status or any other basis prohibited by law will be dealt with appropriately and may result in disciplinary action, up to and including termination of employment. Conduct constituting harassment by the Company’s customers or Partners toward Employees or in the workplace will also not be tolerated.

10.3.Workplace Health and Safety

Everyone in the Company shares the responsibility to make safety and health a daily priority. The Company is committed to conducting its business in compliance with all applicable environmental and workplace health and safety Laws and Regulations. Employees are responsible for maintaining the Company’s facilities free from recognized hazards, obeying all Company safety rules and complying with all applicable environmental laws. Employees are expected to report any known violation of an environmental or safety Law or Regulation to their supervisor, a representative of the Human Resources Department or the Company’s Compliance Officer. Please see the Workplace Health & Safety policy found in the Employee Handbook on The Beazer Way for more detail and reporting procedures.

11.0 ANTITRUST AND COMPETITION

The activities of the Company are subject to the antitrust and anti-competition laws of the United States and the states in which the Company conducts business. Federal and state anti-competition laws prohibit agreements that may restrain trade or reduce competition. Violations may include agreements with competitors or others to fix or control prices or to allocate territories or markets, and criminal violations are punishable by large fines and incarceration. You must consult with the Company’s General Counsel on any matters that may raise potential antitrust concerns.

Unless prior approval has been received from the Company’s General Counsel, the Company prohibits Employees and Directors from participating in any discussions or other communications, understandings or agreements with, or for the benefit of, a competitor regarding matters that may raise potential antitrust concerns such as:

  • raising, lowering, stabilizing or otherwise affecting prices, rates or commissions;
  • allocating markets, territories or potential homebuyers or other customers;
  • limiting the number of builders competing to sell homes;
  • encouraging the boycott of a product or service;
  • discussing what constitutes a “fair” profit level; or
  • discussing credit terms.
 

Industry exchanges of price data or other sensitive information must strictly comply with legal requirements and may not be undertaken without approval of the Company’s General Counsel.

Employees and Directors are also prohibited from discussing with or providing to any competitor or other third party any artificially inflated bids, prices and/or other terms and conditions in order to lessen competition by, for example, conferring a commercial advantage upon a third party and/or creating a false appearance of legitimate competition within the industry.

In addition to this Section 11.0, Employees and Directors must strictly adhere to the Company’s Antitrust Compliance Policy found on The Beazer Way.

12.0 PROHIBITION AGAINST BRIBERY OF GOVERNMENT OFFICIALS

Employees coming into contact with government officials, political parties, political party officials, political candidates and officials of public national and international organizations must never make or offer any payment, or any other inducement, either directly or indirectly, to any of the foregoing individuals or related parties in an attempt to obtain a particular result for the Company.

13.0 PROHIBITION AGAINST COMMERCIAL BRIBERY

No commercial bribes or other similar payments or benefits shall be paid, either directly or indirectly, to the Company’s customers or Partners. Commercial bribery includes any payment, or inducement, either directly or indirectly to any Employee or representative of a customer or Partner of the Company made for the purpose of influencing or affecting that individual’s business judgment or action.

14.0 ANTI-MONEY LAUNDERING AND ANTI-TERRORIST FINANCING

The Company is committed to complying with all applicable Laws and Regulations designed to combat money laundering and any action that facilitates the funding of criminal activities. Money laundering involves the process of integrating profits from illegal activities into the legitimate financial system, and no Employee or Director shall knowingly be involved in any such activity or ignore signs of suspicious activity. Doing so will result in disciplinary action against the Employee or Director by the Company and may subject both the Company and Employee or Director to criminal and/or civil penalties. If you become aware of or suspect potential money laundering activities, you must immediately report the activity to the Company’s General Counsel or the Company’s Compliance Officer.

It is the policy of the Company, in accordance with applicable Laws and Regulations, not to willfully transact business with suspected terrorists or with entities or individuals that support terrorism or persons deemed to be associated with such persons or other Specially Designated Nationals identified by the Office of Foreign Asset Control. Each Employee and Director must adhere to federal Laws and Regulations blocking business with persons and entities from countries subject to sanction programs and must not transact business with any such individuals or entities. If you become aware of or suspect potential violations of the applicable Laws and Regulations, or have any questions regarding those Laws and Regulations, you should contact the Company’s General Counsel or the Company’s Compliance Officer.

The Company cooperates with its Partners to provide customer information that may be disclosed under the law so that the Company’s Partners may comply with the Laws and Regulations to which they are subject.

15.0 PROTECTION OF CONFIDENTIAL INFORMATION AND CUSTOMER PRIVACY

All Employees and Directors must maintain the confidentiality of information entrusted to them by the Company, its potential or existing customers, Partners or others r elated to the Company’s business. Such information must not be used by an Employee or disclosed to others, except in support of Company business after disclosure is authorized by the Company or the customer, or when legally mandated. Confidential information includes all non-public information that, if disclosed, might be of use to competitors or harmful to the Company’s potential or existing customers, the Company or others.

The Company respects the privacy of its customers, and violating that privacy may result in criminal and/or civil liability for both the Company and the responsible Employee(s). Employees must maintain the confidentiality and privacy of all personal, non-public information regarding the Company’s customers in accordance with all applicable Laws and Regulations, including customer financial information and medical information. Employees must employ reasonable safeguards, including any appropriate physical, electronic and procedural measures to ensure that personal data about customers is not misused and is made available only to those persons who require such data in connection with the Company's business.

In addition to this Section 15.0, Employees must strictly adhere to the Company’s Acceptable Use of Company Property and Data policy found in the Employee Handbook on The Beazer Way.

16.0 PROTECTION AND USE OF COMPANY ASSETS

Company information, materials, supplies, time, intellectual property, software, hardware, facilities and other assets are valuable resources owned, licensed or otherwise belonging to the Company. Safeguarding Company assets is the responsibility of all Employees. All Company assets are to be used primarily for legitimate Company purposes. Non-incidental personal use of Company assets without permission of your immediate supervisor is strictly prohibited. Use of Company assets for other for-profit business affiliations, as defined in Section 4.3, is strictly prohibited.

In addition to this Section 16.0, Employees must strictly adhere to the Company’s Acceptable Use of Company Property and Data policy found in the Employee Handbook on The Beazer Way.

17.0 ELECTRONIC COMMUNICATIONS AND COMPUTER SYSTEMS

Electronic communications include all aspects of voice, video and data communication, such as e-mail, voicemail, fax, instant messaging, text messaging and the Internet. It is the Company’s policy that Employees should use electronic communications on systems provided by the Company primarily for business purposes. Use of Company electronic communications and computer systems for other for-profit business affiliations, as defined in Section 4.3, is strictly prohibited.

The Company reserves the right to inspect all electronic communications made using systems provided by the Company within the confines of local Laws and Regulations. You should not have an expectation of privacy when using Company systems.

The use of the Company’s technology systems to copy software or other copyrighted material is strictly prohibited.

In addition to this Section 17.0, Employees must strictly adhere to the Company’s Acceptable Use of Company Property and Data policy found in the Employee Handbook on The Beazer Way.

18.0 CIVIC DUTIES AND COMPANY CONTRIBUTIONS

18.1.Civic and Political Participation

The Company believes it is important to actively participate in governmental affairs. Similarly, the Company encourages you to participate in our political system by voting, speaking out on public issues and becoming active in civic and political activities where appropriate. It is important, however, that Employees and Directors clearly distinguish their personal views and activities from those of the Company, unless specifically authorized by the Company to speak or otherwise act on the Company’s behalf.

18.2.Lobbying

The Company recognizes your right, as an individual, to communicate with your elected public officials, and the Company encourages you to do so. However, if requested to make such contact on behalf of the Company, Employees and Directors must be cognizant of all Laws and Regulations regarding lobbying activities and strictly follow the applicable guidelines and reporting requirements.

18.3.Charitable Activities and Outside Not-for-Profit Positions

The Company is committed to maintaining good will and to being a good civic neighbor. Employees and Directors are encouraged to serve on not-for-profit boards and to participate in other volunteer capacities.

If an Employee or Director intends to accept a position, whether volunteer or paid, or otherwise is or becomes affiliated with a not-for-profit organization with which the Company is involved in any transaction or to which the Company makes contributions, he or she must notify the Company’s General Counsel or Compliance Officer. If an Employee or Director fails to so notify the Company’s General Counsel or Compliance Officer, prior to accepting such position because the Employee or Director was unaware of the relationship between the Company and the organization, then the Employee or Director must provide notice thereof immediately after becoming aware of the relationship and the General Counsel or Compliance Officer shall then review the situation to determine if a conflict exists. If an Employee serves in any capacity with a not-for-profit organization, that Employee may not represent either the Company or the organization in any transactions between them.

18.4. Company Contributions (Charitable, Political or Business-Related)

All contributions made on behalf of the Company or with any Company funds must be approved in advance by the CEO.

Personal contributions of any kind may not be expensed.

In addition to this Section 18.0, Employees must strictly adhere to the Company’s Political and Business-Related Contributions policy and Charitable Contributions policy found on The Beazer Way.

19.0 SALES CONCESSIONS

One of the most heavily regulated areas of the home building industry is the sales and closing process. State and federal Laws and Regulations impose a multitude of restrictions and requirements across all aspects of the process. Unfortunately, these requirements are not always clear or easy to understand. But in many instances, failing to comply can result in severe consequences for you and the Company. Therefore, it is crucial that you abide by all Company sales policies, including the Full Disclosure of All Concessions policy (the “Concessions Policy”). With very limited exception, the Concessions Policy requires that all concessions connected to the sale of a Beazer Home must be reported to the Lender in writing and in advance of closing. All Company sales policies can be found on The Beazer Way.

________________________________

1      The Code applies to all Employees including the Company’s senior financial officers as set forth in Section 406 of the Sarbanes-Oxley Act of 2002 and applicable rules.

2      “Partner” is defined as  any individual or entity that supplies products or services to the Company and includes for example, vendors, subcontractors, suppliers, service providers, trade partners, contractors and any other person or entity that otherwise conducts business with the Company. 

 

Terms and Conditions

Last Updated July 1, 2020

These Terms and Conditions (“Terms”) apply to the Websites, online platforms, and mobile applications of Beazer Homes and its affiliates, including companies with Beazer in their name, such as Beazer Homes USA, Inc., Beazer Homes, LLC., Beazer Home Sales, Inc., Beazer Homes Holdings, LLC, Beazer Homes Texas, LP, Beazer Homes Indiana, LLP and Beazer General Services, Inc., and those without Beazer in their name, such as Charity Title Agency, LLC and Charity Title Group, LLC (collectively referred to as “Beazer Homes,” also, “we,” or “us,” or “our”), such as beazer.com, any mobile site and applications, the Mortgage Choice CompARE technology, and any of the features of the Websites (collectively, the “Websites”). Your use of the Websites constitutes your agreement to be bound by these Terms. If you do not wish to be bound by these Terms, you may not access or use this Websites. “You”, “Your” and “User” refers to the individual accessing the Websites.

1. Scope of Terms

This Websites and all content and information provided therein (“Beazer Homes Content”) may be used only under these Terms. User represents and warrants that it possesses the legal right and ability to enter into the Terms and use the Websites in accordance with the Terms.

Beazer Homes reserves the right to modify the Terms at any time, which shall become effective immediately upon posting, without further notice to User. It is your responsibility to review these Terms prior to each use of the Websites, and User's continued access or use of this Websites after modifications have become effective shall be deemed conclusive acceptance of the modified Terms.

Beazer Homes has the exclusive right to control accessibility, hours of use, features on the Websites, and any other information found on the Websites. Beazer Homes can restrict access to any or all portions of the Websites or remove any information or content from the Websites at any time. Beazer Homes reserves the right, but shall not be obligated, to monitor use of the Websites.

User is solely responsible for providing the equipment related to accessing the Websites, including but not limited to all computer, remote communications equipment, telephone, and other equipment.

2. User Account and Limitations

Certain features and areas of the Websites may be available only with registration and login. If you are required to register and select a login and password ("Login Information"), you must keep Your Login Information confidential. Your Login Information is personal to you, and you may not allow any third party to use it under any circumstances. Beazer Homes is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of Your Login Information. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Websites, including, without limitation, information required to be provided through a Websites registration or when accessing Websites content. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by You, Beazer Homes reserves the right to terminate your access and use of the Websites.

Beazer Homes is not responsible for and makes no warranties, express or implied, as to any information submitted by users through the Websites ("User Content"). User content may be edited, removed, modified, published, transmitted, and displayed by Beazer Homes and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. User Content may also be included in Beazer Homes’ RSS feeds, APIs and made available for republishing through other formats.

You grant Beazer Homes a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the User Content, which includes without limitation the right for Beazer Homes or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any User Content posted by You on or to the Websites, including any User Content posted on or to the Websites through a third party.

Users may not do any of the following while using the Websites: Interfere with another user's use and enjoyment of the Websites; upload any message, information, data, text, software, graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, racially, sexually, ethnically, or otherwise objectionable; upload Content that contains a virus, corrupted file, or other harmful component; impersonate any person or entity, including but not limited to Beazer Homes personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name; intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another's use of the Websites; or upload any Content that violates or infringes any patent, trademark, trade secret, copyright, privacy or any right, of whatever nature, of anyone.

If you violate any of the terms of this Section, your permission to use the Websites automatically terminates.

3. Proprietary Rights

Copyright © 2020 Beazer Homes USA, Inc. All rights reserved. The information and material provided on this Websites is provided as a service to the public and are to be used for personal informational purposes only. No content from this Websites may be copied, uploaded, posted, transmitted, distributed or reproduced in any way, except that users, subject to any express restrictions relating to specific content, may display, download or print portions of the content solely for user's own non-commercial use. User agrees not to alter any proprietary notices from content downloaded from the Websites.

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Websites and the Beazer Homes Content, conditioned on your continued acceptance of, and compliance with the Terms.

Beazer Homes’ trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "Beazer Homes Marks") are exclusively owned by Beazer Homes and may not be used without the express prior written permission of Beazer Homes.

4. Equal Housing Opportunity

Beazer Homes and its affiliated companies are pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin.

5. Equal Opportunity Employer

Beazer Homes is an equal opportunity employer, and considers all applicants without regard to race, color, sex, religion, disability, marital status, age, national origin, or any other legally protected status.

6. Mortgage Choice

Beazer Homes allows customers to seek information regarding financing for a home purchase by allowing customers to provide information to potential lenders and mortgage loan originators (“Lenders”) through the use of the Mortgage Choice program pages and the CompARE technology. Beazer Homes is not a Lender, mortgage broker, loan originator, loan processor, or underwriter. Beazer Homes does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. Beazer Homes does not take applications for credit or issue pre-approval letters. Any request for quotes or pre-approval submitted by a customer to a Lender through the CompARE technology is not an application for credit. Beazer Homes does not endorse or recommend the products of any particular lender. The “Choice Lenders” listed in the Mortgage Choice program and in the CompARE technology are independent entities and there is no affiliation between Beazer Homes and the Choice Lenders. Nothing contained in the Mortgage Choice program is an offer to lend or a commitment for a loan, and Beazer Homes does not guarantee any specific loan terms and conditions offered to you by a Lender will be granted, or that you will be offered any type of loan by any Lender. Beazer Homes is not an agent of either any customer or any Lender. Beazer Homes is only providing an administrative service to customers and participating lenders.

The CompARE technology is designed to assist home buyers in comparing loan estimates they receive from Lenders after home buyers submit loan applications to those Lenders. The CompARE technology analyzes those disclosures and provides comparison points to help the home buyer decipher which Lender is offering the best mortgage based on the home buyer’s preferences and costs to obtain the mortgage. Beazer Homes will not counsel home buyers in making loan estimate comparisons or selecting a Lender.

Beazer Homes does not require use of a Choice Lender in order to purchase a home, and home buyers are free to choose any lender. Beazer Homes does not (and will not) accept or receive compensation of any kind in connection with the Mortgage Choice program or the CompARE technology.

Lenders may elect to respond to your requests with non-binding proposals of the terms they would offer you, as well as their contact information. Beazer Homes also allows customers to request that Lenders pre-qualify them for home loans. Qualification for pre-approval does not constitute an offer to lend, a commitment for a loan, or a guarantee of specific rates or terms. If you, as a customer, choose to contact a Lender through the Mortgage Choice program, you authorize Beazer Homes to provide your name and contact information you provide to the Lender(s) you choose, along with your quote or pre-qualification request. You acknowledge that, by submitting your contact request form through Mortgage Choice, you may receive telemarketing calls from or on behalf of the Lender you choose at the telephone number(s) you provide.

Any loan or other business conducted is between you and the Lender. Lenders participating in Mortgage Choice are solely responsible for their services. Beazer Homes is not responsible for any errors or delays caused by customers or any Lenders in the loan process. When a Lender requests to participate in Mortgage Choice, Beazer Homes uses commercially reasonable efforts to confirm the Lender's license (in the states claimed in the Lenders profile) and/or employment with a lending institution. You are responsible, however, to confirm credentials if you choose to contact the Lender.

Beazer Homes assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that customers take based on use of Mortgage Choice and the CompARE technology. Beazer Homes shall not be liable for any damages or costs of any type arising out of or in any way connected with participation in the Mortgage Choice program and any use of the CompARE technology or the services offered by Lenders. Beazer Homes reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the Mortgage Choice program or the CompARE technology or participation of any Lender or other user from the Mortgage Choice program and the CompARE technology.

7. Charity Title Agency, LLC

Charity Title Agency, LLC is a wholly-owned subsidiary of Charity Title Group, LLC, which is ultimately owned by Beazer Homes. Charity Title Agency, LLC operates as a title insurance agency in the State of Texas. Beazer Homes does not require use of Charity Title Agency, LLC in order to purchase a home, and home buyers are free to choose any title insurance agency. For more information about Charity Title Agency, LLC’s charitable giving, please visit https://CharityTitleGroup.com.

8. Third Party Links and Content

As a convenience to our users, our Websites may include links to other web sites and third party content. Inclusion of any third party link or content does not imply an endorsement or recommendation by Beazer Homes. Any mention on the Websites of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Beazer Homes. Beazer Homes assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the Websites are solely between the User and the third parties, and are subject to any terms, conditions, warranties, or representations associated with those dealings.

9. Notice Regarding Solicitation, Prices, Specifications and Related Information

The information contained on this Websites may contain products, specifications, services, and prices that are not available in your state or local market. This information does not constitute an offer to sell real property, and is not intended as a solicitation of users residing in states where Beazer Homes and its affiliates are not authorized to conduct business. This information is for informational purposes only, and does not constitute a warranty of any product or service provided by Beazer Homes.

10. Notice Regarding Floorplans, Diagrams, Graphical Depictions and Photographs

Photos of completed homes are provided for general reference only. Please see your New Home Counselor for renderings and photos of any home or model under construction. Floorplans are general depictions of similar plans. All measurements, dimensions, sizes and wall angles are approximate and vary for each plan type. Stated dimensions and square footages are approximate and should not be used a representation of the home's precise or actual size. Actual views may vary. Artist’s renderings are conceptual and all features are subject to change without notice. All amenities are subject to change without notice. These drawings and floor plans are conceptual only and for the convenience of reference. They should not be relied upon as representation express or implied, of the final detail, features or dimensions of any home. Beazer Homes expressly reserves the right to make any modifications, revisions, and changes it deems desirable in its sole and absolute discretion or as may be required by law or governmental bodies. All features, specifications, plans and decorator items are subject to change without notice. Beazer Homes reserves the right, in its sole discretion, to make modifications to the plans, features, and specifications. Beazer Homes may substitute items of equal or greater value or as provided in a purchase contract signed with a purchaser.

If gate(s) and gatehouse(s) are located in a community, they are not designed or intended to serve as a security system. Beazer Homes makes no representation, express or implied, concerning the operation, use, hours, method of operation, maintenance or any other decisions concerning the gate(s) and gatehouse(s) or the safety and security of a home and a community in which it is located. Any access gate(s) may be left open for extended periods of time for the convenience of Beazer Homes and its subcontractors during construction of the home and other residences in a community. Gates may not be routinely left in a closed position until such time as most construction within a community has been completed. Crime exists in every neighborhood and Beazer Homes is not a provider of security and makes no representations regarding crime or security. If you are concerned about crime or security, please consult a security expert.

11. Disclaimers and Limitation of Liability

Beazer Homes takes reasonable efforts to ensure the information contained on this Websites, including pricing and availability, is accurate. However, Beazer Homes does not warrant the completeness or accuracy of such information, which is subject to change without notice. Beazer Homes cannot accept responsibility or liability for actions taken as a result of the use of this Websites.

USER ACCESSES THIS WEBSITES AT HIS OR HER OWN RISK. THE WEBSITES IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING, TRADE OR PERFORMANCE, ARE SPECIFICALLY DISCLAIMED. NEITHER BEAZER HOMES NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS WEBSITES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PROVISIONS IN THIS SECTION ARE APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF BEAZER HOMES, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF, USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. USER AGREES THAT BEAZER HOMES IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS WEB SITE.

12. Dispute Resolution

Your use of this Websites, and any disputes arising out of such use, shall be governed by the laws of the State of Georgia, without regard to choice of law provisions. Any claims or disputes relating to the Websites shall be resolved exclusively by binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (AAA) and the arbitration shall occur in the State of Georgia, County of Fulton, unless Beazer Homes expressly consents in writing to a different location. The arbitration shall be conducted by one arbitrator who is selected pursuant to the rules of the AAA. The award of the arbitrator shall be final and judgment upon the award may be entered in a court of competent jurisdiction in the State of Georgia, County of Fulton, unless Beazer Homes expressly consents to a court in different jurisdiction. No arbitration shall be consolidated or combined with any other arbitration, or proceed on a representative basis or capacity for other parties, except with our Beazer Homes’ express written consent. THESE TERMS AND CONDITIONS PROVIDE THAT ALL CLAIMS OR DISPUTES REGARDING THE WEBSITES SHALL BE RESOLVED BY BINDING ARBITRATION, WHICH MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT BEAZER HOMES EXPRESS WRITTEN CONSENT. THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT, AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. Any disputes regarding the arbitration provisions shall be resolved by the arbitrator. In the event that any issues not addressed by this arbitration provision will be entertained by a court, the court must be a court of competent jurisdiction in the State of Georgia, County of Fulton. Each party will bear their own costs in connection with the arbitration.

13. Representations and Warranties; Indemnification

User understands and agrees that he or she is personally responsible for his or her behavior on the Websites.

User represents, warrants and covenants (a) that no User Content of any kind submitted by You to the Websites will (i) violate, plagiarize, or infringe the rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old.

User hereby indemnifies, defends and holds harmless Beazer Homes, and all officers, directors, owners, agents, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of your use of the Websites, and/or any breach by You or any user of your account of these Terms or the foregoing representations, warranties and covenants. You shall reasonably and fully cooperate as reasonably requested by Beazer Homes in the defense of any such claim. Beazer Homes reserves the right, at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you.

14. User-Generated Content

Beazer Homes allows customers to post reviews, testimonials, comments, photos, videos, and other content; so long as the content is related to the purpose of the site and is not illegal, obscene, threatening, defamatory, or infringing of intellectual property rights (including copyright). All content that you submit may be used, in whole or in part, at Beazer Homes’ sole discretion. Beazer Homes reserves the right (but not the obligation) to remove or edit such content that, in Beazer Homes’ sole discretion, violates these terms and conditions. If you do post content or submit material, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate either the social media site or Beazer Homes’ Terms and Conditions.

By posting on any Beazer Homes site, you grant Beazer Homes a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, distribute, and display such content throughout the world in any media and display the name provided with the post.

DMCA Notification Process

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Beazer Homes in writing with the following information:

• A full description of the copyrighted work that you claim has been infringed upon;

• A detailed description of where the material that you claim is infringing is located on the site;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

• An electronic signature of the person authorized to act on behalf of the owner of the copyright interest

The notice should include the follow in the RE line: Copyright Infringement Notice and should be sent to:

  Marketing
  1000 Abernathy Road, Suite 260
  Atlanta, GA 30328
  phone: 770.829.3700
  fax: 770.390.3048
  e-mail: customerservice@beazer.com

Please note that this procedure is exclusively for notifying Beazer Homes that your copyrighted material has been infringed.

15. Termination

Beazer Homes may terminate access to this Websites or cancel any service that Beazer Homes provides on the Websites, for any reason in its sole discretion, including without limitation, if User breaches these Terms in any way or engages in conduct that Beazer Homes deems inappropriate.

16. Miscellaneous

These Terms and the policies incorporated by reference herein constitutes the entire agreement between Beazer Homes and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Beazer Homes and User dealing with the subject matter hereof is superseded.

Upon User's breach of the Terms, Beazer Homes may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages as well as injunctive relief. Beazer Homes' remedies are cumulative and not exclusive. Failure of Beazer Homes to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

User agrees that, regardless of any statute or law to the contrary, any claim or action arising out of or regarding the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. Privacy

Beazer Homes respects your privacy and is committed to handling information about you in a safe and responsible manner. To see our Privacy Notice, which describes the types of information we collect from you, how we collect it, and how we use it, please visit our Privacy Notice page and our Financial Privacy Notice page. For residents of California, effective January 1, 2020, please refer to our California Privacy Policy for additional information concerning your rights regarding the personal information we collect, use, and disclose. If you have any questions concerning our privacy practices, you may contact us at 888-623-2937 or homeinfo@beazer.com.

Privacy Policy

Last Updated April 26, 2018

Your use of beazer.com, any mobile site and applications, and any of the features of the website (collectively, the “Website”) constitutes your agreement to be bound by these Terms and Conditions (“Terms”). If you do not wish to be bound by these Terms, you may not access or use this Website. “You”, “Your” and “User” refers to the individual accessing the Website.

Beazer Homes’ Privacy Commitment.  Beazer Homes respects the privacy of our customers and protection of your personal information is important to us. Beazer Homes believes in communicating clearly with our customers.

This Privacy Policy (“Policy”) describes our policies with respect to information that Beazer Homes collects through the website at www.beazer.com ("Website"). By visiting the Website you are acknowledging that you have read, accept, and agree to the terms of this Policy.

Privacy Policy Support.  If you have an inquiry or concern about our Policy, please contact us using the contact information below.

Changes in this Policy.  Beazer Homes may amend this Policy at any time, but we will communicate with you, as required by law, when any changes are made. Please visit our Website to obtain current information about our Policy. This Policy replaces all previous notices or statements with respect to this subject, and cannot be modified orally by any of our representatives, employees or officers.

1. Information Beazer Homes Collects

Beazer Homes and its Affiliates, as defined below, collect personal information for permissible business purposes to assist in meeting our customers’ needs. We do not require anyone to divulge any personally identifiable information to use the Website. Certain types of information available to you on the Website (for example, pricing information) may only be accessible after you provide us with requested personally identifiable information. Beazer Homes will not collect personal information about you through the Website unless the information is provided voluntarily by you.

The information we collect generally includes: (1) personal information and (2) tracking information collected as you navigate through the Website.

Personal Information.  We collect personal information about you for many reasons and at a variety of different times. The type of personal information we collect depends on the community you’re looking at or live in, or the services you’ve requested. Our computer servers automatically log your IP address, the pages you click on and how long you spend there, and the web page you came from and go to next; we also save the data you type in if you want us to send you brochures or applications.

The personally identifiable information we request from you may include your: (i) first, middle, and last name; (ii) home or office phone and fax numbers; (iii) home or office address; (iv) home or office e-mail address; and (v) any other information you provide to us via our contact form.

Beazer Homes also collects personal information for market research and product development so we can understand your needs as a home buyer. We may also collect personal information about you from third- parties or other sources, such as information we receive from a credit reporting agency, information about your payment history, or the status of a loan application.

MCOT Program.  If you choose to participate in the Mortgage Choices On-Line Tool (MCOT), you may be asked to provide information such as your monthly income and debt levels. Please visit our Financial Privacy Notice found at Financial Privacy Notice for the privacy terms governing the collection of financial information through MCOT, which are incorporated herein by reference. Our MCOT privacy policy differs in several important respects from this Policy.

Information Collected Through Technology.  Primarily to tailor the Website to your needs, Beazer Homes collects information using technology, such as IP addresses and cookies. For example, your IP address provides Beazer Homes with non-personally identifiable information about how you entered the Internet, namely through your Internet service provider, your company, or some other source, and can permit Beazer Homes to identify the frequency with which you visit the Website. Standard features in Internet browser software such as "cookies" allow Websites to track certain user activities by assigning each of our visitors a unique number that resides on your computer. Beazer Homes uses cookies to make the Website more interesting and useful, including, in the following ways: (a) to personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide customized third party advertisements, content, and information; (c) monitor and analyze the effectiveness of the Website and third party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.

Beazer Homes cookies are limited to our Websites only. In addition to Beazer Homes cookies, various third parties may also place cookies on your computer's hard drive when visiting this website. While Beazer Homes does not track its customers across other websites, we do use advertising companies to serve ads after you visit our Website while you are visiting other websites. These companies may collect information about your visits to our Website and other websites and/or apps in order to provide advertisements about goods and services of interest to you. Beazer Homes is not responsible for the technological capabilities or practices employed by third parties in connection with third party cookies.

If you would prefer not to have the benefits of cookies, your internet browser or other third party software on your workstation can be adjusted to treat cookies in different ways. Depending upon the type of browser you are using, you may be able to configure your browser so that: (i) you are prompted to accept or reject cookies on an individual basis; or (ii) you may be able to prevent your browser from accepting any cookies at all. You should refer to the supplier or manufacturer of your web browser for specific details about cookie security. However, you should also understand that rejecting cookies might affect your ability to perform certain transactions on our Website and our ability to recognize your browser from one visit to the next.

Beazer Homes does not respond to Do Not Track (“DNT”) signals. Some third party sites, including third-party advertising companies that Beazer Homes has a relationship with, however, do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.

For more information about your choices with regard to interest based advertising, you may wish to visit the Digital Advertising Alliance’s Consumer information page: http://www.aboutads.info/consumers/

Information Is Not Collected Online from Children Under 13.  Beazer Homes does not knowingly collect any personally identifiable information online from children under the age of 13. If you are under the age of thirteen (13), we ask that you do not use the Website. Beazer Homes does not seek to obtain, nor does it wish to receive personally identifiable information directly from minors; however, we cannot always determine the age of persons who access and use our Websites. If we do learn that personally identifiable information has been collected on the Website from a minor and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your minor child has obtained an account on the Website or has otherwise provided personally identifiable information, you may alert us at 888-623-2937 or homeinfo@beazer.com, and request that we delete that child’s personally identifiable information from the Website.

2. How Beazer Homes Uses That Information

Beazer Homes uses your personally identifiable information for the purposes for which it was submitted. For example, we collect this personal information so we can provide you with the services you want, make it possible for you to build, buy and insure your home and help you settle into and enjoy your new home and your community.

Beazer Homes may also contact you with information on promotional offers or incentives based on information you have provided. However, you may at any time "opt-out" by following the opt-out procedures below.

We may also use your personal information as required by law, in response to governmental orders or requests, to enforce the Terms and Conditions applicable to the Website, and as we deem reasonably necessary to investigate, prevent or take other appropriate measures in connection with fraudulent or illegal activities.

Beazer Homes may use information about use of the Website and aggregated information about you and other visitors to our Website in order to improve our Website and develop content and services that may be of interest to you and for its other business purposes.

3. Security Measures Taken to Protect Personally Identifiable Information

Beazer Homes uses firewalls, vulnerability scans, and secure network encryption technology to protect personally identifiable information. Beazer Homes also employs internal physical and technologic security measures to detect and block unauthorized intrusions to its computer systems. However, while we employ reasonable security measures to protect your personal information, please be aware that no method of electronic transmission is completely infallible, and we cannot guarantee its absolute safety.

4. Information Sharing

Sharing of personal information between Affiliates.  Beazer Homes is made up of a number of companies (“Affiliates”). Beazer Homes may share with and between its Affiliates personal information you provide to Beazer Homes or any of its Affiliates.

Non-Affiliates/Associates/Joint Marketing.  We also share personal information with our “Associates” - third parties that we have partnered with to share in the development or management of a community. Our Associates are third parties that are not affiliated with us and who perform services or functions on behalf of Beazer Homes or its Affiliates (such as accountants, attorneys, management companies, credit bureaus and banks). They are required to hold the personal information we provide to them in confidence, and use the personal information only to provide the services we’ve hired them to perform for us or for you. We may provide personal information about you to trusted companies pursuant to a written agreement with them when we jointly market our services to you. An example of this would be if a company wanted to offer insurance services in your community. The written agreement requires that they use your personal information only for the purposes of the joint marketing and that they not share it with others.

We do not sell any customer lists that contain your personal information.

Marketing.  We also share personal information with third parties that we have partnered with to market Beazer Homes. They are not affiliated with us and perform services or functions on behalf of Beazer Homes. They are required to hold the personal information we provide to them in confidence, and use the personal information only to provide the services we’ve hired them to perform for us pursuant to a written agreement. An example of this would be to perform a marketing match back to gauge success of a direct mail marketing campaign.

Other Circumstances.  We may disclose your personal information as you consent or direct. We may disclose your personal information to third parties as required by law. For example, we may disclose your personal information in connection with a subpoena or other legal process, in an audit, or when we record your mortgage or deed in public records. We reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful, or in the interest of national security, law enforcement activities, or other issues of health and safety as reasonably necessary or appropriate under the circumstances. We may share information to prevent illegal uses of the Website, or defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.

We may also transfer user or customer information, including personally identifiable information, in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale.

5. Updating Contact Information and Opt-Out Choices

We give customers control over their personal information.

We provide you with access to your personal information in various ways, including statements and community mailings, and want you to make sure that the personal information we have about you is accurate and current. Beazer Homes enables users of its Website to update contact information and to opt out of the collection of personally identifiable information or particular communications or services. You may do so by going to this opt-out link, or by contacting us at 888-623-2937 or homeinfo@beazer.com. Due to production, mailing, and system timelines, it may take some time to process your request. In addition, we may still use your information to communicate with you for other purposes, such as for customer service.

6. Questions or Comments

If you have any questions or comments about this Policy, please contact us at: 888-623-2937 or homeinfo@beazer.com.

7. Miscellaneous

Terms and Conditions.  This Policy is subject to, a part of, and incorporated into the Terms and Conditions which can be found at Beazer Homes Terms and Conditions.

Changes and Updates to this Policy.  Please revisit this page periodically to stay aware of any changes to this Policy, which may be revised periodically at our sole discretion. If we modify this Policy, we will make it available through the Website, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your e-mail address, if we have one on file, or generate a pop-up or similar notification when you sign-in to the Website for the first time after such material changes are made. Our amended Policy will automatically take effect 30 days after it is made available through the Website, except that (i) we generally only use your personally identifiable information in the manner described in the Policy in effect when we received that information and (ii) if you do not agree with any changes to the Policy, you may terminate your account. Your continued use of the Website after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

International Users.  This Website is operated, in whole or in part, from the United States. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed in the United States, and allow Beazer Homes to use and collect your personal information in accordance with this Policy.

Third Party Links.  The Website may also contain links to other third party websites that are not under our control. These websites may have their own policies or no policies at all, regarding privacy. You should seek and review these policies before providing information to these websites. Beazer Homes has no responsibility for linked websites and provides these links solely for the convenience and information of our visitors. Beazer Homes also maintains a strict "no-spam" policy and fully complies with CAN-SPAM Act regulations.

If you end your customer relationship with us, this Policy will apply to personal information we collected while this Policy was in effect. This Policy does not apply to personal information relating to partnerships, trusts or corporations.

1000 Abernathy Road
Suite 260
Atlanta, GA 30328

 

Effective Date

This Policy is effective with respect to all data that we have collected since the date we commenced data collection, April 26, 2018.