Terms of Use
These Terms of Use ("Terms of Use") apply to our websites, microsites, mobile versions of these websites, and mobile applications (collectively, the “Site”) that expressly adopt and display or link to these Terms of Use, as may be revised from time to time, and that are owned, operated or controlled by M/I Homes, Inc., its affiliates and subsidiaries (collectively referred to as “M/I Homes”). By accessing and using the Site, you (the “User”) acknowledge and agree to accept and be bound by these Terms of Use.
Content: All Site content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, charts, renditions and floor plans, HTML code and scripts (collectively, the “Site Content”), and the collection, arrangement and assembly of the Site Content, is the property of M/I Homes and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Site Content other than the limited license expressly set forth in these Terms of Use. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, copy, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Site Content, or any portion thereof, without the express written permission of M/I Homes.
Use of Site Content: The Site, including all Site Content, is provided for informational purposes only. Certain images, including but not limited to maps, renderings, drawings, plans, and site plans on the Site may not be to scale and represent an artist’s rendition, which may not accurately represent the actual condition of the item being represented. The present, future, or proposed roads, easements, land uses, conditions, plat maps, lot sizes or layouts, zoning, school district, drainage, land conditions or development of any type, whether inside or outside the boundaries, may or may not change in the future without notice. Subject to these Terms of Use, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Site and the Site Content for the User’s own informational purposes only. All rights not expressly granted are reserved by M/I Homes and its licensors. This limited license may be revoked at any time for any reason or no reason.
Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Site are expressly reserved by M/I Homes and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms of Use or by virtue of User’s use of the Site. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of M/I Homes or the applicable rights holder.
Links: The Site may include links to third party websites not operated by M/I Homes. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. ACCESS TO ANY SUCH LINKED SITE IS AT THE USER’S OWN RISK, AND M/I HOMES WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.
User Information: Some functionality of the Site may require the transmission of information provided by the User (“User Information”). User Information may include, but is not limited to, a User’s name, address, telephone number, email address, sign-in information such as username and password or Lot ID, job title, and place of employment. The User agrees to keep the User Information provided to the Site current at all times and to promptly update such information in the Site to the extent of any change. By using such functionality, the User consents to the transmission of User Information to M/I Homes and/or its agents and authorizes M/I Homes and/or its agents to record, process, and store such User Information as necessary for the Site functionality and for the purposes described in the Privacy Policy located at: https://www.mihomes.com/policies/privacy-policy, which is incorporated herein by reference. Please be sure to protect and maintain the confidentiality of any User Information, such as your username and password or other identifying information you may obtain in connection with your use of this Site. You agree to notify M/I Homes immediately if you believe your User Information has been lost, stolen, or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided your User Information, or by any person who has obtained such information from you.
User Content: The Site may allow the User to upload photographs, videos or other content (“User Content”). The User shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Site. The User shall retain ownership of all User Content and hereby grants to M/I Homes a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Site and for our business purposes. The User also grants to the other users of the Site a non-exclusive license to access the User Content via the Site, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms of Use. The User grants M/I Homes the right to identify the User as the author of any such User Content by name, email address, or screen name, and the User acknowledges that M/I Homes has the right, but is not obligated, to use any such User Content and that M/I Homes may cease utilizing such User Content at any time for any reason. The User agrees not to submit, upload, or otherwise make available via the Site any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the User does not have the rights necessary to transmit and publish such content or materials, or to grant M/I Homes the license to use such content or materials as described herein. The User acknowledges that M/I Homes has no obligation to monitor or screen User Content submitted to the Site, but that M/I Homes shall have the right (but not the obligation) to reject, remove or delete any User Content at its sole discretion.
Third Party Content: The User understands and agrees that M/I Homes does not control and is not responsible for any Content made available on the Site by other users. The User’s use of, or reliance on, any information contained in such third party Content is at the User’s sole risk. Under no circumstances will M/I Homes be liable for any such third party Content or for any loss or damage resulting from the User’s use of, or reliance on, such third party Content.
Acceptable Use: The User’s permitted use of the Site and Site Content is limited to the standard functionality of the Site. In no event may the Site be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of M/I Homes or any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by M/I Homes to access Site Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access to M/I Homes’ systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden M/I Homes’ servers or networks, or (viii) fails to comply with applicable third party terms. The User must comply with all applicable third-party terms of use (e.g., wireless carrier terms of service) at all times while using the Site. M/I Homes reserves the right to, in its sole discretion, terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or M/I Homes reasonably believes the User has engaged in or is engaging in, use that violates these Terms of Use. M/I Homes’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.
Eligibility; Jurisdiction: The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into these Terms of Use and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. The Site is not intended for children under the age of 18 M/I Homes provides the Site for use in the United States of America. M/I Homes does not represent the Site is available or appropriate for use in other jurisdictions. Any access to or use of the Site from other jurisdictions is at the User’s sole risk and the User is responsible for complying with all applicable local laws.
Forward Looking Statements: Certain statements contained herein are or may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “expects,” “anticipates,” “targets,” “goals,” “projects,” “intends,” “plans,” “believes,” “seeks,” “estimates,” variations of such words and similar expressions are intended to identify such forward-looking statements. These statements involve a number of risks and uncertainties. Any forward-looking statements that we make herein and in any future reports and statements are not guarantees of future performance, and actual results may differ materially from those in such forward-looking statements as a result of various factors, including, without limitation, factors relating to the economic environment, interest rates, availability of resources, competition, market concentration, land development activities, construction defect, product liability and warranty claims and various governmental rules and regulations, as more fully discussed in the then current Risk Factors section in the M/I Homes Annual Report on Form 10-K, as the same may be updated from time to time in our subsequent filings with the Securities and Exchange Commission. All forward-looking statements speak only as of the date they are made. Except as required by applicable law, M/I Homes undertakes no duty to publicly update any forward-looking statements, whether as a result of new information, future events or otherwise.
Disclaimers: M/I HOMES AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE CONTENT OR REPRESENT THAT THE SITE OR THE SITE CONTENT IS ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. M/I HOMES SHALL NOT BE SUBJECT TO ANY LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF OUR SITE OR THE SERVICES OR INFORMATION WE PROVIDE ON OUR SITE FROM WHATEVER CAUSE. YOU ACKNOWLEDGE AND AGREE THAT M/I HOMES IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE SITE OR ITS OPERATION. THE SITE IS PROVIDED “AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. M/I HOMES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE CONTENT OR ITS USE THEREOF. THE SITE CONTENT ON OR AVAILABLE THROUGH THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURING AFTER RESPECTIVE DATES OF PREPARATION OR PUBLICATION. M/I HOMES HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY SITE CONTENT ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT YOU, AND NOT M/I HOMES, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE OR RELYING ON SITE CONTENT.
Limitation of Liability: USE OF THE SITE IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, M/I HOMES AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE SITE OR THE SITE CONTENT; (II) INABILITY TO ACCESS OR USE THE SITE OR THE SITE CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE SITE; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, M/I HOMES VIA THE SITE; (V) ANY DELAY IN THE PUBLICATION OR RELEASE OF INFORMATION ON THE SITE; OR (VI) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE SITE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT M/I HOMES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Not an Offering of Property; Interstate Land Sales Disclaimers: This is not an offering of property in any jurisdiction that may have restrictions on interstate offerings of real estate, unless the property has been so qualified or exemptions are available. Any information entering such jurisdictions shall be considered void and not an offering by M/I Homes. M/I Homes will not knowingly disseminate information in such jurisdictions prohibiting an offering without complying with such requirements. An offer of property may only be made in the jurisdiction in which the property is located at the sales center or other locations utilized for sales at the discretion of M/I Homes. It is the intent of M/I Homes to sell its residential homes pursuant to an exemption from the registration requirements the Intestate Land Sales Full Disclosure Act (15 U.S.C. 1701, et seq.).
Notice to New York State Residents: M/I Homes and principal(s) taking part in the public offering or sale of M/I Homes properties are not incorporated in, nor do they currently maintain an office within the State of New York. Unless the offering of any cooperative interests in real estate is otherwise qualified under applicable New York law as described below, the offering for sale of M/I Homes properties is neither made in the State of New York nor made to the residents of the State of New York. Until such time as all registration and filing requirements under the Martin Act and the Attorney General’s regulations are complied with; a written exemption is obtained pursuant to an application and such is granted pursuant to and in accordance with the Cooperative Policy Statements #1, #7, or #12; or a “No-Action” request is granted (i.e., the offering has been “qualified” under New York law), no offering for sale of M/I Homes properties will be directed to any person or entity in or from the State of New York by, or on behalf of, M/I Homes or anyone acting with M/I Homes' knowledge, nor will any activities by M/I Homes under such circumstances target New York State residents. These disclosures have been made to ensure that M/I Homes has taken adequate measures to notify residents of the State of New York that it will not offer property that has not been previously qualified for sales in New York in or from the State of New York.
Indemnity: Upon M/I Homes’ request, the User agrees to indemnify, defend and hold harmless M/I Homes and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) the User’s use or misuse of the Site; (ii) the User’s violation of these Terms of Use; or (iii) the User’s violation of any third party right, including without limitation any copyright, property or privacy right. M/I Homes reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with M/I Homes in asserting any available defenses.
Changes to Site: At any time and without notice to the User, M/I Homes may change or modify the Site, or any features or functions thereof, or may suspend or discontinue the Site, or stop supporting the Site, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.
Changes to Terms; Updates: M/I Homes reserves the right to change these Terms of Use at any time, and in its sole discretion, by changing these Terms of Use within the Site. The User’s continued use of the Site after any such changes to these Terms of Use are made available through the Site will constitute the User’s acceptance of those changes. These Terms of Use shall govern any updates to, or supplements or replacements for, the Site unless separate terms are provided in conjunction with such updates, supplements, or replacements – in which case such separate terms will apply.
Governing Law: These Terms of Use are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Franklin County, Ohio, USA for purposes of any legal action arising out of or related to these Terms of Use or use of the Site.
Agreement to Arbitrate: Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the Site will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of access to or use of the Site, and to arbitrate any part of these Terms of Use, including any claim that all or any part of the this section or these Terms of Use is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Franklin County, Ohio, under the AAA’s rules and procedures, as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Franklin County, Ohio.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU MAY BRING CLAIMS AGAINST M/I HOMES ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Severability: You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.
Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing M/I Homes with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your content that was removed from the Site (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the DMCA Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Franklin County, Ohio and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Contact: If you have any questions, complaints, or claims regarding the Site please submit your inquiry at: https://www.mihomes.com/support/general or write to 4131 Worth Ave. Suite 500, Columbus, Ohio 43219 ATTN: TERMS OF USE.
Effective as of April 2nd, 2018This document was last revised on Thursday, September 10, 2020.