Hayden Homes Terms & Conditions

1. Thank you for your interest in Hayden Homes. By clicking on the “I accept” box, you accept and agree to be bound and abide by these Terms and Conditions. Please read the information below carefully.
2. Reservation Fee. The refundable reservation fee is paid to Hayden Homes to reserve your home and is fully refundable. Once you complete the online reservation process and provide your reservation fee you will be contacted by a Hayden Homes Community Manager. You will need to meet with a Community Manager within 24 hours of being contacted to review and execute the Purchase and Sale Agreement and any other documents associated with the home you have selected.
3. Failure to Complete Purchase and Sale Agreement. If you do not meet with a Community Manager or complete and sign a Purchase and Sale Agreement for the home you selected within 24 hours, your reservation on the particular home will be cancelled and there will be no further obligations or liabilities between us relating to these Terms and Conditions. While your reservation fee will be refunded within 48 hours of payment, it may take up to 10 days to appear on your bank statement, depending on your bank and/or credit card company processing the refund.
4. Authorization to Conduct Business Electronically. You are consenting to transact business electronically with Hayden Homes, as well as to receive, review, sign, transmit and accept all contracts, disclosures, addenda, amendments, communications, notices and related documents electronically, according to these Terms and Conditions. However, Hayden Homes may transact business with you and send you certain documents via hand delivery or regular mail as required by law or as determined by Hayden Homes in its sole discretion.
5. Withdrawal of Consent. You may withdraw your consent to transact business electronically by contacting Hayden Homes in writing at mailto:onlinesales@hayden-homes.com or by sending a certified letter to Hayden Homes addressed to 2464 SW Glacier Place, Suite 110 Redmond, OR 97756.
6. Due Authority. If you accept or agree to these Terms and Conditions on behalf of a trust, company or other legal entity, you represent and warrant that you have actual authority to bind such trust, company or other legal entity to these Terms and Conditions and, in such event, “you” and “your” will refer and apply to the trust, company or other legal entity. By using the Hayden Homes on-line Buy Now reservation process, you have consented to abide by these Terms and Conditions.
7. Contact Information. It is your responsibility to provide Hayden Homes with true, accurate and complete e-mail address, contact, and other information related to these Terms and Conditions, and to promptly update or notify us of any changes in this information. You can update your information (such as your mailing or e-mail address) by contacting Hayden Homes via writing at onlinesales@hayden-homes.com or by sending such information via certified mail addressed to Hayden Homes On-Line Sales at 2464 SW Glacier Place Suite, 110 Redmond, OR 97756. Please include your previous e-mail address as well as your new email address in your written request.
8. As-Is. You agree to accept all electronic communications and services on an “AS-IS” basis. Hayden Homes does not guarantee any communications or services will be without defect, interruption or flaw and Hayden Homes shall not be responsible for any loss associated with the use of our electronic services; including actual or consequential damages of any nature. Further, you are solely responsible for the selection, maintenance and operation of the hardware and software you use to receive electronic notices and disclosures and otherwise transact business electronically. Hayden Homes is not responsible for any errors or failures (or any damages arising out of such errors or failures) resulting from your hardware or software or any virus problems associated with the use of an online service. Furthermore, we are not liable for your failure to comply with these Terms and Conditions (including those relating to withdrawal of your consent), interruptions in the delivery of electronic documents due to problems with your equipment or with communication and transmission lines, or any other occurrence beyond our reasonable control.
9. Assignment. You may not assign, transfer or delegate any of your rights or obligations under these Terms and Conditions. Any attempted assignment, transfer or other conveyance in violation of the foregoing shall be null and void. Hayden Homes may assign our rights or obligations under these Terms and Conditions, but no assignment shall relieve Hayden Homes of any obligations hereunder. Subject to the foregoing, these Terms and Conditions shall be binding upon and shall inure to the benefit of you and Hayden Homes and all respective successors, heirs and permitted assigns.
10. Limitation on Liability. In no event will Hayden Homes, its affiliates, agents, service providers, employees, executives or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use our website or any other websites linked to it, any content on our website or such other websites or any services or items obtained through the website or such other websites including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of revenue, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
11. Governing Law and Jurisdiction. It is expressly agreed your reservation of the home you selected, and these Terms and Conditions will be construed in accordance with and governed by the laws of the state and county where the reserved home is located within.
12. Dispute Resolution. Any dispute arising from or under these Terms and Conditions shall be resolved via arbitration in the state and county where the reserved home is located. Hayden Homes shall have the sole and exclusive right to select the arbitration service for resolution of the dispute. Any arbitration shall be before a single arbitrator appointed in conjunction with the rules and regulations promulgated by the selected arbitration service. The decision of the arbitrator shall be final. The arbitrator shall not have the right or authority to award attorney fees to any party to the dispute regardless of who prevails. The costs of the arbitration shall be shared between the parties to the dispute.
13. Removal from Market. We reserve the right to remove the home you selected from the market and to accept other offers on the home you selected at our sole and absolute discretion up to the acceptance of your executed Purchase and Sale Agreement. If we remove the home you selected from the market or accept a prior offer, your reservation fee will be refunded in full.
14. Hardware and Software Requirements. In order to receive, access, view, sign and retain electronic communications Hayden Homes makes available to you, you must have a personal computer or electronic device with internet connectivity and each of the following:
    • Browser support of Internet Explorer 10.0 or higher, Firefox 59 or higher, Safari 10 or higher, Chrome 54 or higher;
    • Ability to view the disclosures on your monitor/screen, which can be done with your internet browser;
    • Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit; and
    • A valid e-mail account with an internet service provider.
    • Pre-release (e.g. beta) versions of operating systems and browsers are not supported.

Last Modified April 27, 2020