These Terms of Use (these "Terms") govern your access to and use of the Sundara Homes website at sundarahomes.com (the "Website"), operated by Sundara Homes LLC ("Sundara," "we," "us," or "our"). By accessing or using the Website, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the Website.
2. Eligibility
The Website is intended for users who are at least 18 years old and legally able to enter binding agreements. By using the Website, you represent that you meet these requirements. The Website is operated from Texas, United States, and is intended primarily for U.S. visitors. We make no representation that the content is appropriate or available for use in any specific jurisdiction outside the United States.
3. Forward-Looking Inventory; No Offer of Sale
All home prices, configurations, lease rates, community amenities, phasing timelines, floor plans, and renderings described on the Website are subject to change without notice. Sundara is a newly formed entity with a pipeline of upcoming communities; with limited exceptions, all inventory described on the Website is pre-sale, pre-lease, or pre-launch. Nothing on the Website constitutes a binding offer to sell or lease real property.
A binding sales or lease commitment can be created only through a fully executed written Earnest Money Contract, Lease Agreement, or comparable written instrument signed by an authorized representative of Sundara and the buyer or lessee. Photographs may include optional features that are not included in base pricing. Square footages are approximate. School district zoning is confirmed lot-by-lot at contract.
4. Texas Real Estate Brokerage Disclosures
Sundara operates as a Texas Real Estate Commission–licensed brokerage. Texas law requires that all real estate license holders provide the TREC Information About Brokerage Services (Form IABS 1-0) at the time of first substantive communication. Texas law also requires the display of the TREC Consumer Protection Notice (Form CN 1-2). Both forms are linked from the footer of every page on the Website and are also available at www.trec.texas.gov.
Sundara's TREC license number is [INSERT VERIFIED COMPANY-LEVEL TREC LICENSE NUMBER — placeholder #9012345]. Sundara's designated broker is [INSERT NAME OF DESIGNATED BROKER].
5. Pre-Sale, Pre-Lease, and Pre-Launch Lists
When you join a pre-lease list, reservation list, pre-launch list, or commercial inquiry list through the Website, you acknowledge that:
• Joining a list does not create any obligation by Sundara to sell, lease, or commit any specific home, lot, or commercial unit to you. • Joining a list does not lock in any specific price, lease rate, configuration, delivery date, or other commercial term. • Sundara may close, modify, or reorder any list at our sole discretion, with or without notice. • List position is offered as a courtesy. It does not constitute a contract right. • Any deposit, earnest money, or reservation fee, if requested at any future stage, will be governed by a separate written agreement at that stage.
6. Equal Housing Opportunity
Sundara is an Equal Housing Opportunity builder and operator. We comply with the federal Fair Housing Act and Texas fair housing rules. We do not discriminate on the basis of race, color, religion, sex, national origin, familial status, disability, sexual orientation, gender identity, military or veteran status, or any other basis protected by applicable federal, state, or local law.
7. Acceptable Use
You agree not to use the Website to: (i) violate any applicable law or regulation; (ii) submit false, misleading, or fraudulent information through any form; (iii) impersonate any person or misrepresent your affiliation with any person or entity; (iv) interfere with or disrupt the Website or the servers or networks connected to it; (v) attempt to gain unauthorized access to any portion of the Website or to any Sundara system; (vi) use any automated means (including bots, scrapers, or crawlers) to access the Website except as expressly permitted by Sundara's robots.txt file; or (vii) collect or harvest any information from the Website, including the personal information of other users.
8. Intellectual Property
All content on the Website — including text, graphics, photographs, renderings, floor plans, site plans, logos, the Sundara name and marks, the Centenarian Village model and its associated framework, the phrase "Beautiful Living, Beautifully Made," the phrase "Active Connected Living Communities," and the names of the Sundara communities (Bluebonnet, Magnolia, Larkspur, Paintbrush, Sunflower, and Camellia) — is owned by Sundara or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. See the separate Copyright Notice for additional detail. You may view and print Website content for your personal, non-commercial use only. Any other use — including reproduction, distribution, modification, public display, or creation of derivative works — requires our prior written consent.
9. Third-Party Links and Content
The Website may contain links to third-party websites and may reference third-party services, products, or organizations (including K7 Capital Partners, the Texas Real Estate Commission, school districts, regional employers, and others). These references are provided for convenience and do not constitute Sundara's endorsement of any third party. We are not responsible for the content or practices of any third-party website or service.
10. Disclaimers
THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUNDARA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. SUNDARA DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Any descriptions of communities, phases, floor plans, amenities, school districts, regional employers, infrastructure investments, Centenarian Village model concepts, market conditions, delivery timelines, or sustainability features reflect Sundara's good-faith intentions and information believed accurate at the time of publication. None of those descriptions is a guarantee, warranty, or binding commitment.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUNDARA, ITS AFFILIATES (INCLUDING K7 CAPITAL PARTNERS WHERE APPLICABLE), OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUNDARA'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless Sundara and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your access to or use of the Website; (ii) your violation of these Terms; (iii) your violation of any applicable law; or (iv) your violation of any third-party right, including any intellectual property right or right of privacy.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Website will be resolved exclusively in the state or federal courts located in [INSERT COUNTY — typically Harris County, Texas], and you consent to the personal jurisdiction of those courts. [Sundara's attorney should advise on whether to include a binding arbitration clause and class-action waiver.]
14. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms on the Website with a revised Effective Date. Your continued use of the Website after we post revised Terms means you accept the changes.
15. Severability and Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with the Privacy Policy and the Copyright Notice, constitute the entire agreement between you and Sundara regarding your use of the Website, and supersede any prior agreements on the same subject.
16. Contact Us
Questions about these Terms? Write to legal@sundarahomes.com or to: Sundara Homes LLC Attn: Legal 13100 Wortham Center Dr, Ste 358, 3rd Floor Houston, TX 77065