Updated October 13, 2021
Your privacy is important,
the information we collect about you,
how that information may be used,
with whom it may be shared,
how you may access the information you provide us,
and your choices about such uses and disclosures.
Highgarden Real Estate, Inc., Highgarden Real Estate Arizona, Inc., Highgarden Real Estate Denver, Inc., Highgarden Real Estate North Carolina, Inc., Highgarden Real Estate South Carolina, Inc., Highgarden Real Estate Indiana, Inc. are companies that engage in real estate and real estate brokerage activities.
By submitting your information and/or creating a user account, you agree that you are giving your express written consent to the all the terms contained in this document. You also agree that your doing so constitutes your electronic signature, and is equivalent to a written signature.
EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE EMAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE.
E-MAILS, CALLS, AND TEXTS. THESE COMMUNICATIONS MAY INCLUDE TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, AND TEXT MESSAGES (INCLUDING SMS AND MMS).
DATA DELETION REQUESTS
To request that all your personal data for which we hold be permanently erased and deleted from all means in which we hold it, please email email@example.com or send a written request to:
Highgarden Real Estate
8500 Keystone Crossing, Suite 170
Indianapolis, IN 46240
Attention: Client Care / Chris Kukelhan
INFORMATION WE COLLECT ABOUT YOU
In General. We may collect personal information that can identify you such as your name and e-mail address, as well as other information that does not identify you. When you provide personal information through our websites, the information may be sent toHighgarden Real Estate, Inc., Highgarden Real Estate Arizona, Inc., Highgarden Real Estate Denver, Inc., Highgarden Real Estate North Carolina, Inc., Highgarden Real Estate South Carolina, Inc., Highgarden Real Estate Indiana, Inc. servers located in the United States and other countries around the world.
Information you provide.
We may request at times that you voluntarily supply us with personal information. Such personal information includes information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number, and other contact information, whether at work or at home. Generally some or all of this information is requested when you register on the companies websites (highgarden.com, highgarden-charlotte.com, highgarden-denver.com, highgarden-indianapolis.com, highgarden-phoenix.com, highgarden-myrtlebeach.com, highgarden-raleigh.com, highgarden-charleston.com).
We may collect and store any personal information you enter on our websites or provide to us in some other manner. This includes identifying information (such as your name, home or mailing address, e-mail address, and telephone number), information about your home or prospective home, personal information, responses you voluntarily provide to surveys, and, if you purchase certain services from us, information about your payment method (such as valid credit card number, type, expiration date or other financial information).
Information from other sources. We may also periodically obtain both personal and non-personal information about you from other Highgarden Real Estate businesses, business partners, contractors and other third parties. Examples of information that we may receive include information about your home and additional demographic information.
Information about others. We may also collect and store personal information that you provide to us about another person, including name, address, phone number, or other personal information.
We use various technologies to collect information from your computer and about your activities on our sites.
Information collected automatically. We automatically collect information from your browser when you visit our websites. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
Cookies. When you visit our websites, we may assign your computer one or more cookies, to facilitate access to our websites, to personalize your online experience, and to record information about your visit to our websites. Through the use of a cookie, we also may automatically collect information about your online activity on our websites, such as the web pages you visit, the links or advertisements you click, or the other actions you conduct while on our websites. The cookies do not store any personally identifiable information about you. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our websites.
Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use on our websites. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
HOW WE USE THE INFORMATION WE COLLECT
In general. We may use information that we collect about you to:
deliver the products and services that you have requested; manage your customer relationship and provide you with customer support; perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others; communicate with you by e-mail, chat, text message, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, High Garden Real Estate companies or other third parties; develop and display content and advertising tailored to your interests on our site and other websites; verify your eligibility and deliver prizes in connection with promotions, contests and sweepstakes; enforce our terms and conditions; manage our business and perform functions as otherwise described to you at the time of collection.
Financial information. We may use financial (or home) information to match you with real estate agents and/or brokers, to verify your identity, to protect against or identify possible fraudulent transactions, otherwise as needed to manage our business, and, if you request real estate brokerage services through a highgarden.com, highgarden-charlotte.com, highgarden-denver.com, highgarden-indianapolis.com, highgarden-phoenix.com, highgarden-myrtlebeach.com, highgarden-raleigh.com, highgarden-charleston.com -affiliated agent, to provide real estate brokerage services directly to you.
We will send you emails relating to certain activities including when you request property information. We may send you email notices about new features, products and services. We may also send you email notices regarding service announcements containing important information about the services of highgarden.com, highgarden-charlotte.com, highgarden-denver.com, highgarden-indianapolis.com, highgarden-phoenix.com, highgarden-myrtlebeach.com, highgarden-raleigh.com, highgarden-charleston.com. You can unsubscribe to these notifications by following the 'unsubscribe' instructions at the bottom of the email you receive.
Job applicants. If your personal information is submitted through our websites when applying for a position with our company, the information will be used solely in connection with considering and acting upon your application. We may retain your personal information for a period of time, but only for the purpose of considering your application for current or future available positions. This information may be shared with the other Highgarden Real Estate companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.
Please review "Your choices about collection and use of your information" below.
WITH WHOM WE SHARE YOUR INFORMATION
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our websites or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share all types of personal information with:
Authorized service providers. We may share your personal information with our authorized service providers that perform certain services on our behalf in connection with your request for real estate brokerage services. These service providers may include marketing and customer services firms, credit card payment processors, as well as companies that support contests, sweepstakes, surveys, or other features offered through our websites, or that provide business analysis or website support. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Real estate agents / brokers and home builders. If you submit a form, we may share your personal information with real estate agents / brokers or home builders with which you have expressed interest. Because these parties may retain or use your personal information whether or not you obtain services from them, you should contact these parties directly concerning their privacy and information sharing practices.
Other business partners / Mortgage and Finance Companies. When you express interest in promotions or services offered through our websites, we may share your expression of interest with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. For example, if you express interest in mortgage companies, moving companies or self-storage companies through one of the companies websites, we will provide your information to the companies you select. When you elect to engage in a particular offer or program, you authorize us to provide your e-mail address and other information to the business providing that offer or program.
We also may disclose your information:
In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Aggregated and non-personal information. We may share aggregated information (i.e., information about you and other customers collectively, but not specifically identifiable to you) and other non-personal information we collect under any of the above circumstances. We may also share it with third parties and Highgarden Real Estate companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our websites and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
HOW YOU CAN ACCESS YOUR INFORMATION
If you have submitted a highgarden.com, highgarden-charlotte.com, highgarden-denver.com, highgarden-indianapolis.com, highgarden-phoenix.com, highgarden-myrtlebeach.com, highgarden-raleigh.com, highgarden-charleston.com form to us, you can update your personal information by contacting our Customer Care Department at 317-205-4320 for assistance. More information about how to contact us is provided below.
YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION
You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our websites because such information may be required in order for you to obtain services from highgarden.com, highgarden-charlotte.com, highgarden-denver.com, highgarden-indianapolis.com, highgarden-phoenix.com, highgarden-myrtlebeach.com, highgarden-raleigh.com, highgarden-charleston.com.
On occasion, Federal and state regulations require that we store certain customer information for various periods of time. In order to comply with these requirements, we may be unable to delete your information from the highgarden.com, highgarden-charlotte.com, highgarden-denver.com, highgarden-indianapolis.com, highgarden-phoenix.com, highgarden-myrtlebeach.com, highgarden-raleigh.com, highgarden-charleston.com database.
When you initially use our websites, you may be given a choice as to whether you want to receive e-mail messages or newsletters from highgarden.com, highgarden-charlotte.com, highgarden-denver.com, highgarden-indianapolis.com, highgarden-phoenix.com, highgarden-myrtlebeach.com, highgarden-raleigh.com, highgarden-charleston.com. You may later modify your choice by contacting our Customer Care Department at 317-205-4320. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 15 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as loan offers, requests for additional information, service updates or announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that opting out of receipt of promotional e-mail communications will only affect future activities or communications from us. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change you preferences directly with that third party.
Under our Do Not Call policy you may instruct us not to call you for marketing purposes by calling our Customer Care Department at 317-205-4320. We will implement your instructions within 30 days. We have policies and procedures in place and train our employees to honor your request. Please note that we may still need to call you for servicing or other non-marketing purposes.
If you do not want us to send you postal mail for marketing purposes, you may remove your name from current and future mailing lists by contacting our Customer Care Department at 317-205-4320.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees and authorized third-party service providers are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of your sensitive personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information.
We want you to feel confident using our websites to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information. Please refer to the Federal Trade Commission's website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
OTHER INFORMATION ABOUT OUR PRIVACY PRACTICES
Notice to California Residents
the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
the names and addresses of the third parties that received that information; and
if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated e-mail address for these requests is firstname.lastname@example.org
Our websites are general audience sites, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
No Rights of Third Parties
How to contact us
Highgarden Real Estate, Inc.
8500 Keystone Crossing, Suite 170
Indianapolis, IN 46240
YOUR ACCEPTANCE OF THESE TERMS
Disclaimer, Legal Notices, and Terms of this site.
As a visitor to highgarden.com, highgarden-charlotte.com, highgarden-denver.com, highgarden-indianapolis.com, highgarden-phoenix.com, highgarden-myrtlebeach.com, highgarden-raleigh.com, highgarden-charleston.com you are bound by the terms and conditions contained herein.
Despite the efforts of Highgarden Real Estate, Inc, and its affiliates to provide accurate information, it is not possible to ensure that all information is correct. The materials contained on this server and within this web site could include inaccuracies, typographical or other errors. As such, Highgarden Real Estate does not accept any responsibility or liability for any actions taken as a result of using this server or website. Further, Highgarden Real Estate, Inc. assumes no responsibility for errors or omissions in the materials on this server or website. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, NOR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER WARRANTY. Highgarden Real Estate further does not warrant the accuracy or completeness of information, text, graphics, links or other items contained within these materials. In no event shall Highgarden Real Estate be liable for any special, indirect, incidental, consequential or other damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, or on any theory of liability, arising out of or in connection with the use of these materials. These materials are subject to change without notice and do not represent a commitment of Highgarden Real Estate, Inc. in the future or otherwise. THE COMPANY, ITS SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES AND AGENTS PROVIDE THIS SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY, ITS SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES AND AGENTS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES AND AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE COMPANY'S LIABILITY, THE LIABILITY OF OUR SUBSIDIARIES, AND THE LIABILITY OF AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES AND AGENTS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF ANY COMMISSION OR OTHER FEE RECEIVED BY THE COMPANY, ITS SUBSIDIARIES, AND ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES AND AGENTS ARISING FROM THE TRANSACTION GIVING RISE TO LIABILITY THAT IS THE SUBJECT OF THE DISPUTE, AND (B) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event a dispute arises between you and the Company, the Company's goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and the Company agree that any claim or controversy at law or equity that arises out of the user's use of the Site or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or the Company may elect to resolve the dispute through binding arbitration. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Indianapolis , IN . You and the Company agree to submit to the personal jurisdiction of the courts located within Indianapolis , IN .
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this section by the first party to file a Claim. Should either party file an action contrary to the above, the other party may recover attorneys' fees and costs up to $2,000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has filed to withdraw the Claim.
Trademark and Copyright Notice
Copyright © 2022 Highgarden Real Estate, Inc. All rights reserved. These materials are provided by Highgarden Real Estate, Inc. as a service to the public and are to be used for personal informational purposes only. We grant you permission to download this web site's content and to print a single hard copy for your use only. You may not otherwise use, copy, modify, distribute, republish, or transmit any of the content or materials from this web site without the written permission of Highgarden Real Estate, Inc. You agree that if you violate this prohibition, you may be subject to all legal remedies available to of Highgarden Real Estate, Inc., and you will additionally be responsible for any other losses, attorneys' fees or costs may incur as a result of your violation. The following are some of the proprietary trademarks and service marks of Highgarden Real Estate, Inc or its related entities: Highgarden Real Estate, Inc., Highgarden Real Estate Arizona, Inc., Highgarden Real Estate Denver, Inc., Highgarden Real Estate North Carolina, Inc., Highgarden Real Estate South Carolina, Inc., Highgarden Real Estate Indiana, Inc. , highgarden.com, highgarden-charlotte.com, highgarden-denver.com, highgarden-indianapolis.com, highgarden-phoenix.com, highgarden-myrtlebeach.com, highgarden-raleigh.com, highgarden-charleston.com. A number of these trademarks and service marks are registered with the United States Patent and Trademark Office. Highgarden Real Estate, Inc. also claims trademark rights to other marks that may not be explicitly listed, registered and unregistered, including its several logos and designs.
THESE MARKS ARE NOT TO BE USED WITHOUT THE EXPRESS WRITTEN PERMISSION OF Highgarden Real Estate, Inc OR ITS AFFILIATES. You agree that if you violate this prohibition, you will be subject to all legal remedies available to Highgarden Real Estate, Inc, and you will additionally be responsible for any other losses, attorneys' fees or costs Highgarden Real Estate, Inc may incur as a result of your violation.
The web site also contains trademarks and service marks that belong to third parties. These other trademarks and service marks are the property of their respective owners. In the event that a third party makes a claim or initiates suit against Highgarden Real Estate, Inc due to your use of these other trademarks and service marks without the permission of the proper party, you agree to indemnify and hold Highgarden Real Estate, Inc harmless from such claim or suit, and to reimburse Highgarden Real Estate, Inc for all losses, attorneys' fees and costs that Highgarden Real Estate, Inc incurs in connection with such claim or suit.
You are prohibited from reproducing or downloading any of the materials (content or images) posted to this web site without the prior written permission of the owner, Highgarden Real Estate, Inc.
You are prohibited from: uploading any material that infringes on any copyright, trademark or other proprietary rights; from uploading any material that is obscene any material that is libelous.
Photos, Renderings, Floor Plans PLEASE READ
Information presented is considered reliable, however, Highgarden Real Estate does not guarantee the accuracy of any information for builder or showcased homes, as the above pricing, interest rates, floor plans, elevations, incentive packages, and features are subject to change at any time and without notice. Reported square footage is approximate and may vary by design, home site, and construction. A free service for all home buyers, the seller pays our commission at no additional cost to the buyer. In typical transactions, the seller pays all commissions for buyer's agent. Buyer's are not required to pay any portion of the commission for the purchase of any home in which the Company represents the buyer as its agent. Stated price may not include elevation or options shown in artist renderings or photographs. Please call toll free (877) 993-3279 for more information.
Items shown on photos or floor plans may not be standard or offered in all communities. Photos are for illustration purposes only, actual payments will be calculated on individual buyer selected builder plan, community, homesite, and financing. Advertised incentive packages are only available to new buyers not currently under contract for the purchase of a home. Mortgage amount and estimated payments calculated as follows:
If price is equal to or less than $343,850 , then the following was used to calculate estimated monthly payment…
96.50% of sales price +1.75%(UFMIP), plus 0.000 loan discount points. Points may be negotiated between buyer and seller. Rates, sales price, floor plans, incentive packages, and availability may vary from location and builder (seller), and are subject to change without notice. Estimated payments based on 30 year (360 payments) "FHA 30 Year Fixed", (grant money, 30 yr fixed rates, 1st. time buyers and VA ($0) down loans also available). 4.250 % note rate, 5.342APR. Principal and interest only, taxes and insurance may vary. 3.50% Down Payment. Estimates only: Please call for more information.
If price is greater than $343,850 , then the following was used to calculate estimated monthly payment…
**Mortgage Amount and payments calculated as follows: 4.500% note rate, 4.924APR conventional 30 year 30 Year Fixed, 80.00% loan to value, 20.00% down , plus 0.000 loan discount points. (may be negotiated between buyer and seller), Estimated Payment includes Principal and Interest Only, Taxes and insurance may vary from location to location and builder to builder. Rates, sales price, floor plans, incentive packages, and availability may vary by location and builder (seller). VA $0 loans also available, Mortgage amount is equal to Sales Price X .80.00% + 0.000 loan discount points. Estimates only: Please call for more information.