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.
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.
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.
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.
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.
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.
This document was last revised on Thursday, September 10, 2020.