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CORPORATE GOVERNANCE GUIDELINES

CORPORATE GOVERNANCE GUIDELINES

  Corporate Governance Guidelines
 


BEAZER HOMES USA, INC.

CORPORATE GOVERNANCE GUIDELINES

Initially Adopted: December 19, 2002
Last Revised: November 10, 2017

Corporate Governance Guidelines Quicklinks
Introduction
Board Responsibilities
Board Composition and Selection; Independent Directors
Board Meetings/Communications
Performance Evaluation; Succession Planning
Compensation
Committees

I. Introduction

The Board of Directors (the "Board") of Beazer Homes USA, Inc. (the "Company") has adopted the following corporate governance guidelines to provide high level standards and policies with respect to the Board and to help it fulfill its responsibility to the stockholders to oversee the work of management and the Company´s business results. The guidelines are in addition to and are not intended to change or supersede any applicable federal or state law or regulation, including the Delaware General Corporation Law, or the Certificate of Incorporation or By-Laws of the Company. The guidelines are also intended to align the interests of directors with those of Beazer´s stockholders.

It is intended that these guidelines will be reviewed by the Board annually and are subject to future refinement or changes as the Board may find necessary or advisable for the Company.

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II. Board Responsibilities

The Board is responsible for oversight of management´s strategy and operation of the business and performance evaluation, so as to promote the long-term successful performance of the Company and to maximize long-term stockholder value. Accordingly, the directors' primary functions include:

  • Assessing management´s efforts to develop sound business strategies;
  • Assessing and monitoring the Company´s financial results and risks;
  • Reviewing, and where appropriate, approving and evaluating financial and internal controls;
  • Selecting and evaluating the performance of the CEO, reviewing management succession planning, and when necessary selecting a replacement for the CEO;
  • Assessing Company policies and procedures and monitoring management´s efforts to promote high standards of ethical conduct and legal compliance in the conduct of Company business; and
  • Reviewing actions taken by Board committees on major issues delegated to them.

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III. Board Composition and Selection; Independent Directors

  1. Board Size. Based on recommendations of the Nominating/Corporate Governance Committee, the Board will periodically evaluate the appropriate size of the Board and will set the number of directors in accordance with the Company´s By-Laws.
  2. Selection of Board Members. All Board members are elected annually by the Company´s stockholders, except as noted below with respect to vacancies. Each year at the Company´s annual meeting, the Board recommends a slate of directors for election by stockholders. The Board´s recommendations are based on its determination (based on recommendations, advice and information supplied by the Nominating/Corporate Governance Committee) as to the qualifications of each individual, and the slate as a whole, to serve as directors of the Company, taking into account the membership criteria discussed below.

    The Board may fill vacancies in existing or new director positions in accordance with the Company´s By-Laws. Such directors elected by the Board serve only until the next election of directors unless elected by the stockholders to a full term at that time.
  3. Board Membership Criteria. The Nominating/Corporate Governance Committee works with the Board on an annual basis to determine the appropriate characteristics, skills and experience for directors and for the Board as a whole. In evaluating the suitability of individual Board members, the Board takes into account many factors, including general understanding of marketing, finance, understanding of the Company’s business on an operational level, educational and professional background, willingness to devote time to Board duties and other elements relevant to the success of a large publicly-traded company in today´s business environment. The Board evaluates each individual in the context of the Board as a whole, with the objective of recommending a group that can best represent stockholder interests through the exercise of sound judgment using its diversity of experience in these various areas. In determining whether to recommend a director for re-election, the Nominating/Corporate Governance Committee also considers the director´s past attendance at meetings and participation in and contributions to the activities of the Board.

    In addition, the Board will review annually the relationship that each director and each director´s family members have with the Company (either directly or as a partner, stockholder or officer of an organization that has a relationship with the Company) to determine whether each director is independent within the meaning of the New York Stock Exchange listing requirements and Securities and Exchange Commission regulations. Following such annual review, only those directors who the Board affirmatively determines meet the requirements for independence will be considered independent. The basis for any determination that a relationship is not material will be published in the Company´s annual proxy statement.

    Directors should be committed to devoting the time and effort necessary to learn the business of the Company and to carrying out the obligations of the Board.
  4. Board Composition - Mix of Management and Independent Directors. At least a majority of the Company´s directors must be independent directors.
  5. Orientation and Continuing Education. All directors, following their initial appointment shall be given the opportunity to attend, at Company expense, a Company sponsored orientation and thereafter shall be given the opportunity to attend educational opportunities relevant to their service as directors in accordance with policies and guidelines established by the Nominating/Corporate Governance Committee from time to time.
  6. Retirement Policy. The general policy of the Board is that an individual who has reached the age of 74 (at the time of nomination) will not be nominated for election or re-election to the Board; provided, however, the Nominating/Corporate Governance Committee may recommend and the Board may approve the nomination for election or re-election of a director at or after the age of 74, if, in light of all the circumstances, it is in the best interests of the Company and its stockholders.
  7. Directors with Significant Job Changes. Directors who are also employees of the Company are expected to retire from the Board at the same time that they retire from their corporate officer position.

    The Board does not believe that non-employee directors who retire or change the position they held when they became a member of the Board should necessarily leave the Board. Upon such event, the non-employee director shall provide notice to the Nominating/Corporate Governance Committee which shall review the independence of the director and the appropriateness of the Board member´s continued service under such circumstances. The affected director shall be expected to act in accordance with the Nominating/ Corporate Governance Committee´s determination.
  8. Selection of Chairman and Lead Director. The Board selects the Company´s Chairman of the Board in the manner that it determines to be in the best interests of the Company´s stockholders. In the event the Chairman is deemed to be not independent under New York Stock Exchange or Securities and Exchange Commission rules, the independent directors shall designate one of its members to act as Lead Director.
  9. Limitation on Other Board Service. In order to promote effective service to the Board, no director should simultaneously serve on the boards of directors of more than four other public companies without express approval of the Nominating/Corporate Governance Committee. No member of the Audit Committee may simultaneously serve on the Audit Committees of more than two other public companies.
  10. Term Limits. The Board does not believe it should limit the number of terms for which an individual may serve as a director. Directors who have served on the Board for an extended period of time are able to provide valuable insight into the operations and future of the Company based on their experience with and understanding of the Company´s history, policies and objectives. The Board believes that, as an alternative to term limits, it can ensure that the Board continues to evolve and adopt new viewpoints through the evaluation and nomination process described in these guidelines. In connection with re-nomination recommendations, the Nominating/Corporate Governance Committee shall consider the issue of continuing director tenure and take steps as may be appropriate to ensure that the Board maintains an openness to new ideas and a willingness to critically re-examine the status quo.
  11. Stockholding Requirements. In order to more closely align the interests of directors and senior corporate management with those of stockholders, the Board has adopted guidelines requiring that directors and certain senior corporate officers acquire and maintain ownership, directly or beneficially, of a meaningful amount of Company stock (“Stock Ownership Guidelines”).

    The Board has delegated to the Compensation Committee the primary responsibility for overseeing and implementing the Stock Ownership Guidelines, including interpreting, monitoring compliance with and enforcing the Stock Ownership Guidelines as adopted or amended by the Board from time to time. A transition period has been established to provide a reasonable time for existing and future covered individuals to achieve the required minimum ownership levels. The Board shall retain the authority to suspend the Stock Ownership Guidelines and to modify the required multiples.
  12. Majority Voting. In accordance with the Company´s By-Laws, if none of the Company´s stockholders provides the Company notice of an intention to nominate one or more candidates to compete with the Board´s nominees in a Contested Election, as defined in the Company´s By-Laws, or if the Company´s stockholders have withdrawn all such nominations in a Contested Election on or prior to the fifth day before the Company mails its notice of meeting to our stockholders, a nominee must receive more votes cast for than against his or her election or re-election in order to be elected or re-elected to the Board. The Board expects a director to tender his or her resignation if he or she fails to receive the required number of votes for re-election. The Board shall nominate for election or re-election as director only candidates who have agreed in writing to tender, promptly following the annual meeting at which they are elected or re-elected as director, irrevocable resignations that will be effective only upon (i) the failure to receive the required vote at the next annual meeting at which they face re-election and (ii) Board acceptance of such resignation. In addition, the Board shall fill director vacancies and new directorships only with candidates who have agreed to tender, promptly following their appointment to the Board, the same form of resignation tendered by other directors in accordance with these guidelines.

    If an incumbent director fails to receive the required vote for re-election, the Nominating/Corporate Governance Committee will act on an expedited basis to determine whether to accept the director´s resignation and will submit such recommendation for prompt consideration by the Board. The Board expects the director whose resignation is under consideration to abstain from participating in any decision regarding that resignation. The Nominating/Corporate Governance Committee and the Board may consider any factors they deem relevant in deciding whether to accept that director´s resignation.

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IV. Board Meetings/Communications

  1. Agenda. The Chairman of the Board and CEO, taking into account suggestions from other members of the Board, will set the agenda for each Board meeting, and will distribute this agenda in advance to each director.
  2. Advance Distribution of Materials. All information and data that is relevant to the Board´s understanding of matters to be discussed at an upcoming Board meeting should, where feasible, be distributed in writing or electronically to all members of the Board in advance of the meeting to facilitate the efficient use of time at Board meetings to deliberate and make decisions on key Company issues. In preparing this information, management should ensure that the materials being distributed are as concise as possible while giving directors sufficient information to make informed decisions. The Board acknowledges that certain items to be discussed at Board meetings are of an extremely sensitive nature and that the distribution of materials on these matters prior to Board meetings may not be appropriate. Directors are expected to review all materials distributed prior to attendance at meetings.
  3. Attendance. Directors are expected to regularly attend, either in person or by telephone or other remote communication, all meetings of the Board and committees on which he or she sits, with the understanding that on occasion a director may be unable to attend a meeting.
  4. Access to Employees and Independent Advisors. The Board shall have reasonable access to Company management and other employees to ensure that directors can ask all questions and obtain all information necessary to fulfill their duties. Board members shall use sound business judgment to ensure that such contact is not distracting. The Board may specify a protocol for making such inquiries. Management is encouraged to invite Company personnel to any Board meeting at which their presence and expertise would help the Board to have a full understanding of matters being considered. The Board, in its discretion, also shall have access to any independent advisors of the Company.
  5. Executive Sessions of Non-Management Directors. As part of each regularly scheduled meeting of the Board, non-management directors of the Company will meet in executive session, i.e., with no employee directors or management present. Executive sessions of the non-management directors will be called and chaired by the non-executive chairman of the Board (or if there is no such individual, by the Lead Director). These executive session discussions may include such topics as the non-management directors determine, but actions of the Board shall be taken separately at a full Board or committee meeting. At the conclusion of executive sessions, the management directors, if any, may be invited to join the executive session in order that they can be informed of all relevant issues. In addition, at least annually, the Company´s independent directors shall meet in executive session, chaired by the Lead Director.
  6. Board Interaction with the Press, Institutional Investors and Others. Directors receiving inquiries about the Company should interact with press and other third parties only with concurrence of the CEO or the CEO's designee.

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V. Performance Evaluation; Succession Planning

  1. Annual CEO Evaluation. The Compensation Committee of the Board must conduct a review at least annually of the performance of the CEO. The Committee establishes the evaluation process and determines the basis on which the performance of the CEO is evaluated.
  2. Board Self-Evaluation. The Board shall conduct a self-evaluation at least annually to determine whether it and its committees are functioning effectively. To accomplish this self-evaluation, the Nominating/Corporate Governance Committee is responsible for conducting an annual evaluation of the performance of the individual directors, the full Board and the committees of the Board and reporting its conclusions and recommendations to the Board. In conducting its review of the recommendations of the Nominating/Corporate Governance Committee, the full Board shall critically assess the self-evaluation of the Nominating/Corporate Governance Committee and evaluate the effectiveness and performance of such committee. The Nominating/Corporate Governance Committee´s report should generally include an assessment of the Board´s compliance with the principles set forth in these guidelines, as well as identification of areas in which the Board could improve its performance.
  3. Succession Planning. As part of the annual CEO evaluation process, the Compensation Committee of the Board should work with the CEO to plan for CEO succession, as well as to develop plans for interim succession for the CEO in the event of an unexpected occurrence. Succession planning may be reviewed more frequently by the Committee or the Board as it deems warranted.
  4. Management Development. The Board shall determine that a satisfactory system is in effect for education, development, and orderly succession of senior and mid-level managers throughout the Company.

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VI. Compensation

  1. Board Compensation. Directors (other than those who also are salaried employees of the Company or any of its subsidiaries) are entitled to receive reasonable compensation for their services, as may be determined from time to time by the Compensation Committee, as well as reimbursement of expenses.

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VII. Committees

  1. Number and Type of Committees. The Board shall have the following 4 standing committees – an Audit Committee, a Compensation Committee, a Nominating/Corporate Governance Committee and a Finance Committee. The Board may add or remove from time to time additional committees as it deems advisable and consistent with applicable law. Each committee will perform its duties as assigned by the Board in compliance with the Company´s By-Laws and each committee´s duly adopted charter. These duties, further outlined in the charter of each committee, may be described briefly as follows:

    Audit Committee. The Audit Committee reviews the Company´s internal accounting and audit processes and the work of the Company´s independent auditors. The Audit Committee has sole authority to appoint and terminate the Company´s independent auditors. The Audit Committee also oversees the Company’s risk assessment, risk management processes, compliance processes as well as certain related party transactions and other matters that may involve conflicts of interest.

    Compensation Committee. The Compensation Committee stays informed as to market levels of compensation and, based on evaluations, recommends to the Board compensation levels and systems for the Company´s purposes. Compensation of the CEO, as well as certain senior executives designated from time to time by the Compensation Committee, will be determined by the Compensation Committee. The Compensation Committee also reviews the relationship between the compensation of employees and the Company’s risk management policies and practices.

    Nominating/Corporate Governance Committee. The Nominating/Corporate Governance Committee is responsible for recommending to the Board individuals to be nominated as directors. This includes evaluation of new candidates as well as evaluation of current directors. The Nominating/Corporate Governance Committee also develops and recommends to the Board the Company’s Corporate Governance Guidelines and Code of Business Conduct and Ethics and any necessary changes thereto as may be appropriate from time to time. This committee also performs other duties as are described in these guidelines.

    Finance Committee. The Finance Committee is responsible for advising and assisting the Board in overseeing the Company´s corporate finance matters. This includes having the authority to approve on behalf of the Board, any and all strategies, plans, policies and actions related to the Company´s corporate finance matters.
  2. Composition of Committees; Committee Chairpersons. Each of the Audit, Compensation and Nominating/Corporate Governance Committees must consist solely of independent directors. The Board is responsible for the appointment of committee members and committee chairpersons according to criteria that it determines to be in the best interest of the Company and its stockholders and in accordance with the listing standards of the New York Stock Exchange and other applicable regulations.

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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.