Terms and Privacy

Terms of Use

Legal Terms
By using this Web site found at http://www.eastmark.com/, you signify your acceptance of the legal terms contained in this Terms of Use and any legal terms found elsewhere on the Web site. All such legal terms are subject to change without notice to you, except that such changes will be posted on this Web site. Such changes are binding on you and are not subject to further acceptance by you. The Information offered on the Web site for the Eastmark Community is provided with the understanding that DMB Mesa Proving Grounds, LLC and its affiliates that are developing the Community in phases (collectively, “Eastmark” or “We”) are not engaged in rendering legal or other professional services or advice. The use of the Web site is subject to the additional disclaimers, caveats, and notices that may appear throughout the Web site.

Reservation of Rights to Change Information
We reserve the right, without any prior notice, to change any information contained within our Web site, to deviate from the descriptions contained therein, and/or to change the project at any time, and we disclaim any duty to update the information and we make no commitment as to the plans in the future. All information on this Web site is provided by Eastmark without warranty of any kind, either express or implied. Further, we do not warrant that our service in providing this Web site will be uninterrupted.

Reliance on Statements on the Web site
Statements on this Web site that are not historical facts are “forward-looking” statements that involve a number of risks and uncertainties, that could cause actual results to differ materially from those projected in the statements, including, but not limited to: (1) economic conditions in Arizona and elsewhere; (2) market demands; (3) competitive factors and pricing factors in the company’s primary markets; (4) legislative and regulatory environments at the federal and state local levels, such as government rate regulations and land-use regulations; (5) dependence on third-party suppliers; (6) fuel prices; (7) labor relations; (8) risks associated with current or future litigation; and (9) other risk factors described elsewhere in this policy.

Despite efforts of Eastmark to provide accurate information on this Web site at all times, it is not possible to ensure that the information on the subdivisions or housing types within the community and services published on this Web site is correct or up to date and the Web site may unintentionally include inaccuracies or typographical errors with respect to the description of a lot size, site plan, floor plan, a rendering, a photo, the elevation, prices or other important pieces of information. Square footage and room sizes are approximate and may vary. Prices shown, if any, do not include premiums or other optional features. Also, we make regular changes and additions to the information herein and have a right to do so at any time. To the fullest extent permitted by law, Eastmark and its subsidiaries and affiliates shall not be liable for any direct, indirect, actual, punitive, incidental, special or consequential damages whatsoever resulting from loss of use, data or profits, even if Eastmark and its subsidiaries and affiliates have been advised of the possibility of damages.

No Investment Advice
No statement contained on this Web site or on any Web site featuring a particular project offered by Eastmark, DMB Associates, Inc. (“DMB”), Brookfield Residential Properties or their subsidiaries or affiliates should be construed as investment advice. Prospective purchasers are urged to seek expert investment, legal or other advice prior to entering into any purchase contract.

State and Federal Regulatory Requirements and Restrictions on Solicitation
The information provided herein will not constitute an offer to sell or lease and shall not be used in any state where prohibited by law and/or where we are not authorized to conduct business, or where prior registration requirements have not been met.

Lot Reservations or Conditional Sales only may be currently offered by Eastmark’s Neighborhood Builders in certain neighborhoods and certain neighborhoods proposed for future phases of the Community. Therefore, nothing contained on this site should be deemed or construed as an offer for the sale of any units or lots and no binding offer to sell or lease may be made or accepted prior to the issuance of the final Arizona Subdivision Public Report for the property. Sales in particular neighborhoods will be initiated as soon as all necessary pre-requisite project approvals are obtained. Please see your Community Consultant for further details on their specific lots currently approved for sale.

This promotional material is not intended to constitute an offering in violation of the law of any jurisdiction. Obtain the Property Report or its equivalent, required by Federal and State law, and read it before signing anything. No Federal or State agency has judged the merits or value, if any, of this property. 
In addition, this Web site may be accessed by users throughout the United States and internationally. It may contain references or cross-references to Eastmark subdivisions or housing types within the Community that are not currently approved for sale in your state. These references do not imply that Eastmark or any Neighborhood Builder intends to seek approval to conduct sales activities in your state. Void where prohibited or otherwise restricted by law. 
The information presented on this Web site is provided for general reference only and is not a representation of the content of the sales contract or other offering documents provided by Eastmark’s Neighborhood Builders and governing documents for the Community or any Neighborhood featured on this Web site. Any offer to sell real property may only be made and accepted at the applicable neighborhood’s community sales centers located within Eastmark.

Links to Other Web sites
Eastmark neither endorses nor guarantees the accuracy of the information contained in any Web site that is linked to or from this site. Links to other sites and Web site addresses are provided solely for the convenience of the user. In addition, other Internet sites may link to this Web site without our knowledge or permission. Because Eastmark and its subsidiaries and affiliates have no control over such linked sites, we assume no obligation to review, and are not responsible for the availability or content of, any off-site pages or any other sites linked to this Web site. Your linking to off-site pages or other sites is at your own risk.

Equal Housing Opportunity
Eastmark is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. Eastmark encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin and all lots and homes advertised by Eastmark are available on an equal opportunity basis. In addition, Eastmark is committed to its compliance with the laws and regulations of other jurisdictions that may add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and the like.

Maps, Development Plans and Views for Eastmark
Maps on this Web site are not to scale and represent an artist’s depiction of the existing and/or planned elements of the current proposed development concepts for Eastmark. Artist’s renderings, photos, prices, specifications and planned amenities continue to evolve and are based on current proposed development plans that are subject to change without notice. Use of certain recreational amenities or participation in certain activities may be subject to additional fees and availability. No guarantee is made that the facilities and features depicted within Eastmark will be constructed, or that if constructed, the number, type, size and location will be as depicted. Currently, certain planned amenities featured on this Web site may not yet be bonded and/or guaranteed for completion. Please refer to the final Arizona Public Report applicable to your subdivision provided by your Neighborhood Builder for complete details. Photos and renderings may show upgraded features and landscaping and may not represent the base price house in any neighborhood within Eastmark. Eastmark does not own or control the land outside the boundaries of Eastmark and does not guarantee the current or future use thereof. Views vary significantly by lot location and may be affected by future development. Eastmark does not guarantee the preservation of any view or the natural environment surrounding Eastmark that remains subject to change and may be a factor in your purchase decision. Promotional programs offered by Eastmark’s Neighborhood Builders are typically available only on select lots for a limited period of time at select neighborhoods, and are not available in conjunction with other offers. Please consult your Eastmark Community Consultants for current programs. Payment of any real estate broker fee will be subject to certain conditions set forth by the individual Neighborhood Builder, including but not limited to, completion of a registration card offered by that particular Neighborhood Builder evidencing that the home purchaser was accompanied by the broker on the first visit to the home and closing on the purchase of the home.

The zoning and land use designations for Eastmark are subject to change from time to time. Each Buyer is strongly advised to investigate and determine for his, her or their own account if the zoning and land use designations for Eastmark and other real properties in the vicinity of Eastmark are compatible with such Buyer’s occupancy, use and enjoyment of the lot and residential dwelling purchased by such Buyer. Neither the Neighborhood Builder nor Eastmark nor any of their respective agents, employees, or affiliates, has made any representation concerning the timing, location, configuration or existence of any non-residential use on or about Eastmark. The total number of residential units may increase or decrease from the current plan, depending upon market conditions or other conditions, including acquisition of additional property. Plans for common area surrounding the residential areas may be affected by such changes.

Copyright Information
Copyright ©DMB Mesa Proving Grounds, LLC. All rights reserved.

DMB Mesa Proving Grounds LLC and its affiliates invite viewers to browse this Web site and the linked pages for their individual entertainment and to obtain information about Eastmark, Brookfield Residential and the DMB family of communities. The entire contents of this Web site, including images and text, graphics, charts, pictures, photographs, images, icons, renditions and floor plans, as well as works that are licensed to Eastmark and found within http://www.eastmark.com’s related pages are copyrighted as a collective work and currently owned by Eastmark, its related entities or its partners. Eastmark grants a limited license to viewers to download or print pages from the Web site for personal informational purposes only, and not for any commercial purposes. Use of this Web site by viewers is based upon their agreement to abide by these terms. Any violation of the foregoing conditions or use will subject the user to the possibility of full prosecution under applicable law. If you have any questions regarding a specific mark or any other Eastmark™ Brookfield Residential or DMB intellectual property, please contact us at info@eastmark.com.

Neighborhood Builders
The homebuilders within Eastmark are independently owned and operated and are not affiliated with Eastmark, Brookfield Residential, DMB, or any affiliates thereof (collectively, the “Neighborhood Builders”). References to or approval of such builders by Eastmark Brookfield Residential or DMB shall not be construed as an endorsement, warranty or certification by developer of builder or builder’s performance by Eastmark, Brookfield Residential, DMB, or any affiliates or subsidiaries thereof.

All floor plans listed on this site by Neighborhood Builders are protected by U.S. copyright laws and are the intellectual property of the respective owners. Unauthorized reproduction, sale, or transfer of floor plan images (including to another website) contained on this site or any other work produced herein is a violation of these laws. All content, graphics, and other data stored on this web site not expressly stated as being from another source is copyrighted by DMB Mesa Proving Grounds LLC This material may not be reused in any form, or for any purpose, without the consent of the owner. Permission is hereby granted to download and view the floor plans for personal, non-commercial purposes only. 

Elevations, square footage, options and conditions are all subject to change without notice. Due to the very large number of plans and options offered by the Neighborhood Builders at Eastmark, data entry and other errors inevitably may occur on this site. Consequently, please be advised that we assume no liability and reserve the right to correct such errors as they are discovered. All details relating to floor plans shall only be finalized when confirmed by the terms of the respective Neighborhood Builder’s purchase contract.

Resident Portal Terms of Use

Contact Us
If you have any other questions regarding these legal terms, please contact us at info@eastmark.com



Privacy Policy Effectiveness
This Privacy Policy shall apply only to individual consumers and solely to information collected by this Web site. This Privacy Policy is effective as of October 15, 2012 (“Effective Date”) and applies to personal and financial information submitted on this Web site on or after the Effective Date.

Our Commitment to Privacy
Your privacy is important to us, as well as to our respective subsidiaries and affiliates (collectively, “we,” “us” or “our”) 
and we are committed to treating your personal information responsibly. To better protect your privacy, we provide this notice explaining our online information gathering and dissemination practices and the choices you can make about the collection and use of the personal information you submit on this Web site on which this Privacy Policy is posted. Use of this Web site constitutes your consent to our collection and use of personal data in accordance with the terms hereof. We use industry standard safeguards to protect the confidentiality of personal information we collect from visitors to this Web site. Personal information collected is accessible only by designated staff or agents of our organization who are also bound to this statement, except as expressly described below. However, it is important to recognize that “perfect security” does not exist on the Internet. Therefore, while we endeavor to maintain appropriate physical and electronic procedures and safeguards to protect information collected from this Web site, we cannot guarantee the confidentiality of any information that you disclose online and transmit to us, and you understand that you do so at your own risk.

Personal Information that We May Collect
We will not collect any personally identifiable information about you through this Web site unless you provide it to us voluntarily, with the exception of your computer’s IP address. The information we collect will vary depending on how you use this Web site. On some pages you can register or request to receive materials, announcements and other information from us or from others. The types of personal information collected may include, without limitation, your name and contact information (such as your postal address, zip code, phone number or e-mail address), 
your gender, the number and/or ages of members of your household or business, 
information about the type of properties you are interested in and other general information relating to product preferences, personal interests, 
household income or areas of interest on our Web site.

We do not collect or maintain information from those actually known to be under the age of 18. We will not contact children under age 18 without a parent’s permission. In addition to the information provided by Web site visitors, our computers automatically receive and record information from your Internet browser, including your IP address, cookie information, and the pages you request (see “Cookies and Other Tracking Methods”).

How We Use and Disclose Your Information
We use information you provide on an aggregated basis to do such things as operate our site, enhance our site, and to better understand the profile of our online audience. We may also use this data, both aggregate and personal to you, to enhance your site experience on our site by displaying content and marketing messages that we believe will be of interest to you. In some cases we use your personal information to contact you or to provide information to you, such as to send newsletters to you that you request. We may provide your information to third parties such as homebuilders and service and product providers to enable them to follow-up with you on your requests. In addition, the Eastmark Community Association, Inc. (“Association”) may also provide information to us and we may provide information to the Association on updated resident information. We may also use your information for market research purposes, for project planning or for developing prospect lists for our existing and future communities involving Eastmark or other affiliates within Brookfield Residential or the DMB Family of Communities. In doing so, we may reproduce, publish, broadcast or post such information to third parties assisting with our planning who also are bound to this privacy commitment.

Information Sharing and Disclosure
We do not sell or rent your personal information or share your personal information with other people or nonaffiliated companies, except with your permission, or under the following limited circumstances:

  • We may need to share the information or send the information to partners who work on our behalf under confidentiality agreements in order to provide the information, product or services you have requested or to help us communicate with you about offers (provided that these companies do not have any independent rights to use the personally identifiable information we provide to them beyond what is necessary to assist us, unless they have your consent to do so).
  • We may share aggregated, non-personally identifiable information about our users with homebuilders and service and product providers for marketing and promotional purposes.
  • We may store and disclose personal information as allowed or required by applicable law, including making disclosures in order to respond to subpoenas, court orders, or legal process.
  • We may establish or exercise our legal rights or defend against legal claims as necessary or advisable to protect the rights, safety or property of our communities or others and to conform to legal or regulatory requirements.
  • We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Web site terms of use, or as otherwise required by law.
  • We may transfer information about you if this company is acquired by or merged with another company.
  • Third parties (hackers) may unlawfully intercept or access information or confidential transmissions.

This Web site may contain links to third-party Web sites for homebuilders, retailers, service providers and others, which are provided solely as a convenience to viewers and not as an endorsement of the contents of such sites. While we endeavor to only provide links to Web sites maintained by reputable organizations, you should be aware that these third parties might be able to gather information from and about you if you visit their Web sites. In these cases, those third parties will use such information in accordance with their own privacy policies, which may differ substantially from our policy. We assume no liability for the privacy practices of such other sites and are not responsible for the availability or content of, any off-site pages or any other sites linked to our Web site. Your linking to off-site pages or other sites is at your own risk.

Cookies and Other Tracking Methods
“Cookies” are small pieces of information stored on your computer. We may use cookies or, in a limited number of cases IP addresses, for a number of reasons. Cookies allow us to better understand how users use our site and can help us to tailor our Web site or a marketing message to better match your needs and interests. Cookies can also help you remember your user name and password on protected areas of Web sites. We and our partners use various technologies to collect and store information when you visit our site, such as age, ethnicity, sex and interests, and this may include sending one or more cookies or anonymous identifiers to your device. For example if you visit text that relates to activities within our Eastmark Great Park, you may start to see ads related to this interest as you browse the web. We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy. You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services or your preferences in using our site may not function properly if your cookies are disabled.

Correction of Personal Information; Opt-Out Right
We make every effort to keep your information current and accurate. Accordingly, we ask that you notify us in the manner described below of any changes to your personal information.

For clients with the profile update feature
If any of your personal information changes, please click on the “update your profile” link in any email you receive from us to make the changes online. Alternatively, you may notify us of any changes to your personal information via e-mail, telephone or postal mail at the address shown in the last section of this Privacy Policy.

For clients without the profile update feature
We ask that you notify us of any changes to your personal information via e-mail, telephone or postal mail at the address shown in the last section of this Privacy Policy.

You may at any time request to be removed from our email list by clicking the unsubscribe link in any email you receive from us. Alternatively, you may notify us via e-mail, telephone or postal mail at the address shown in the last section of this Privacy Policy. In the event you elect not to receive any future contacts from us, we will endeavor to remove your name from our email list within 10 
business days

Notification of Changes in Privacy Policy or Use of Information Collected
This Privacy Policy may be updated and modified from time to time by us in our sole discretion. If we decide to change our Privacy Policy or if we make any material changes in our privacy practices that affect user information already collected through our site, we will post a notice of those changes on our Homepage. We will use information in accordance with the Privacy Policy under which the information was collected.
If you do not agree to any provision of this Privacy Policy, or any update or modification thereto, please do not use our Web site.

Resident Portal Privacy Policy

Questions and Suggestions
Contact us via U.S. Mail
14646 N. Kierland Blvd. STE 165
Scottsdale, AZ 85254
Contact us via email
Contact us by telephone
(602) 903-7490