Orchard at Cottages at Clearwater Creek
631 Marysville Way
Richland, WA 99352
$457,257 MOVE-IN Summer
TERMS AND CONDITIONS
- 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.
- 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.
- 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.
- 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.
- Withdrawal of Consent. You may withdraw your consent to transact business electronically by contacting Hayden Homes in writing at email@example.com or by sending a certified letter to Hayden Homes addressed to 2464 SW Glacier Place, Suite 110 Redmond, OR 97756.
- 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.
- 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 firstname.lastname@example.org 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- Information we receive and collect through email and other electronic means, off-line communications and in-person contacts.
Personal Information We Collect
What is Personal Information?
Categories of Personal Information We Collect
The categories of personal information we collected and used for our business purposes during the past 12 months are the following: personal identifiers (e.g., name, address, Internet Protocol address); consumer information (e.g., telephone number, email address, internet browsing history and other online usage; and geolocation data. In the course of doing business with a customer, we may incidentally obtain gender, professional or employment-related information. We maintain records about our customers and prospective customers that may combine personal information from various sources and reflect the individual’s needs, preferences and interests.
Specific Types of Personal Information You Provide:
- Home buying and other services requested on our website. If you submit an online request to receive information about our products and services, we will collect your contact information including name, address, email address, telephone numbers and other information we need to fulfill your request.
- Credit card and bank account information. If you enter into a contract to buy or finance a home or for other services, your credit card, debit card or bank account information will be processed by a third-party service provider on our behalf.
- Comments to our blog posts. When you post a comment to our blog or other social media websites, we collect your comment, name, or profile name.
- Business contacts. We request contact information from real estate agents seeking information on our Hayden Homes communities and other parties interested in conducting business with Hayden Homes or letting us know about land available for sale.
- Job applicant information. When you make inquiries concerning career opportunities, we will request a copy of your resume, your highest level of education, employment history, and information about the type of job you are seeking.
- Other information you provide. In the course of doing business with Hayden Homes, you may choose to provide information about your employment, education, family, gender, or other personal matters. However, unless specifically necessary (for example, in connection with accommodations for your home), we ask that you not send or disclose to us any sensitive or personal medical information to us.
- Business Associates’ and marketing information. We may receive personal information from Business Associates and other companies (not owned or controlled by Hayden Homes) for marketing programs and prospective customer lead generation as you may authorize.
- Publicly available and commercial databases, including marketing research and data analytics resources. We may, for example, receive demographic information (age, sex, household income, job industry, and job title) from these sources.
- Aggregated information. We may combine information gathered through our Online Services with information collected from other online and offline sources. For example, we may aggregate information to correlate IP addresses to zip codes to assess the performance of a marketing campaign.
Information Collected about Your Online Activities
When you visit our website, we automatically collect and store data using cookies and other online technologies. These data include:
- Device – your IP address, browser type, operating system and other usage information about the use of our Online Services.
- Usage – browsing history, search history, and information regarding your interactions with our Websites and other websites, applications, or advertisements.
- Location information – your IP address or mobile device identification transmits general information about your geo-location and you may allow us to obtain more specific geolocation information.
Although the data points collected this way may not specifically identify you, they can be combined with other information about your internet activities to identify your interests and preferences. The information from many separate websites is aggregated by third parties such as Google Analytics and Google Ads and used for data analytics, marketing, and interest-based advertising. For more information about these technologies, how they function, why we use them, and how you can restrict them, see the section titled “How We Use and How You Can Limit Cookies and Interest-Based Advertising.”
How We Use Personal Information
Hayden Homes collects and uses your personal information for the business and commercial purposes summarized below, but our use of your information is subject to the following limitations:
- Any specific terms applicable to the services or products you request;
- Your instructions to us that limit the use of certain information when you exercise an “opt-in” or “opt-out” or “unsubscribe” option we provide; and
- The requirements of applicable law.
Subject to those limitations, Hayden Homes may use your personal information in the following ways:
- Establish, maintain and service our customer accounts, provide customer service, process and or fulfill requests for information, contracts, orders and other transactions, verify customer information, or other home purchase related services, engage in advertising, marketing, and online analytic services.
- Process payment information for transactions with Hayden Homes (although we will not retain your credit card information).
- Build long-term customer relationships by communicating and working closely throughout the contracting, planning, financing, and completion of a project, requesting feedback on the customer’s experience, and offering products and services in the future.
- Maintain records of our customers’ needs, preferences and interests so that we may assist customers to identify properties and services provided by Hayden Homes and letting them know about services or promotions that may be of interest to them, including by email, mail, or telephone. These are marketing messages and you are able to control whether you receive them. To learn how you can choose to stop receiving some or all of these messages, see the section titled “Opt-In/Opt-Out Procedures”.
- Undertake activities to maintain the quality of Hayden Homes products and services and to improve, upgrade, and enhance those products and services including research and development.
- Develop demographic information for statistical and market research for new communities and product development, project planning, development of prospect lists, and other strategic marketing purposes.
- Manage our contractual relations, protect our business interests, enforce our terms and conditions and comply with applicable law by monitoring, investigating, and taking other actions to detect and prevent illegal or fraudulent activities and risks to the personal safety of any individual.
- Comply with valid legal process and respond to appropriate governmental requests.
- When necessary, aggregate and de-identify personal information so that it is no longer reasonably associated with an identified or identifiable natural person and may then be used for any lawful purpose.
Transfer of Data
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out emails or surveys. We may share your information with these third parties for those limited purposes provided that you have not opted-out.
Opt-In / Opt-Out Procedures
In the process of purchasing a Hayden Homes home, you may be interested in receiving information about a variety of related products and services including, but not limited to, home loan, title and community resource such as telecommunications services and local merchants. When you provide us with your contact information, you will be asked to consent to authorize us to share your personal information with our Business Associates to market services relating to the purchase of a home to you. If, after you authorize any such sharing of personal information, you determine that you prefer that we not disclose your personal information to Hayden Homes Business Associates, Third Parties, or other non-affiliated companies to market their products and services to you, you may change your election at any time by emailing us at email@example.com.
You may change your selection at any time in the future through the same web address. (Note that you cannot opt-out of disclosures to Service Providers because they perform business services on behalf of Hayden Homes and do not use personal information for their own commercial purposes).
If you would like to restrict the automated collection of your personal information while using our Online Services, see the section titled, “How We Use and How You Can Limit Cookies and Interest-Based.”
If you are a California resident, please review the information regarding your Right to Opt-Out provided in section titled “Rights of California Residents – Right to Opt-Out of the Sale of Personal Information.”
How We Use and How You Can Limit Cookies and Interest-Based Advertising
We may engage third parties, such as Google Analytics, to collect activity and usage data. Hayden Homes does not disclose any directly identifying personal information to a third-party data analytics provider. However, the provider may monitor a user’s interactions with our website and combine this data with data from other websites monitored by the same service provider and then use these findings for its own business and commercial purposes. The provider may have means of correlating data from our Website to an identifiable individual, in which case the processing of personal information will be the responsibility of the service provider.
To learn more about how Google collects and processes data and the choices Google may offer to control these activities, you may visit www.google.com/intl/en/policies/privacy/partners.
We may use third-party advertising companies to serve ads when you visit our website. These companies may collect information about your visits to our website or model homes in order to provide advertisements about goods and services of interest to you. We also partner with ad networks and other companies that serve ads on behalf of us and others on non-affiliated digital properties. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information these ad networks collect about your visits to our Online Services and other non-affiliated websites or apps over time.
You may visit www.aboutads.info/choices to learn more about interest-based advertising and how to opt-out of this form of advertising on your web browser by companies participating in the Digital Advertising Alliance (“DAA”) self-regulatory program.
You may also be able to limit data collection by using your browser or mobile device settings. Please note that electing to limit interest-based advertising will not stop all advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. Additionally, please note that if you use a different browser or erase cookies from your browser, or use a different device, you may need to renew your setting selections.
Protecting And Retention of Personal Information
Hayden Homes maintains administrative, technical and physical safeguards to protect the security, confidentiality, and integrity of your personal information appropriate for the nature of the information we collect. While the measures we implement are intended to reduce the likelihood of security problems, we cannot guarantee that these measures will prevent unauthorized access to your personal information. Information transmitted over the Internet may find its way to recipients to whom it is not intended or persons you may not want to have such information. Under certain circumstances, this may be beyond the control of Hayden Homes, and you are advised that such transmission may not be secure.
We retain personal information for as long as we reasonably require it for legal or business purposes. In determining retention periods, Hayden Homes takes into consideration warranty periods, other contractual obligations, applicable laws, and what we reasonably believe are your expectations and requirements. For example, if you purchase a home, we will retain your information for as long as you own your home and if required by our contracts and by law. If you submit a request for information about our products or services, we will retain your contact and preferences information and consider our relationship to remain active for marketing purposes after fulfilling any request you submit and until we take note that you no longer show interest in our products or services.
Linking to Other Websites and Social Network Access
For Nevada Residents
Starting January 30, 2020 Nevada residents may elect to opt-out of the sale of their personal information by sending a request to: opt-out@Hayden-Homes.com. Please provide the full name and email address of the party requesting to opt-out.
Rights of California Residents
California Consumer Privacy Act
Notice at Collection of Personal Information
- PERSONAL INFORMATION WE COLLECT
- HOW WE USE YOUR PERSONAL INFORMATION
- TRANSFER OF DATA
Notice of Right to Opt-Out of the Sale of Personal Information
Right to Opt-Out. California consumers have the right to direct a business not to sell their personal information to others (“Right to Opt-Out”). You can exercise your Right to Opt-Out by emailing us at opt-out@Hayden-Homes.com. You may also exercise your Right to Opt-Out by submitting your request as explained below under “How to Make a California Consumer Request.”
Changing Your Preferences
You may change your mind and opt-in to allowing sales of your personal information at any time by emailing us at firstname.lastname@example.org. However, once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.
Right to Know About Personal Information Collected, Disclosed, or Sold
California consumers have the right to request any of the following information from Hayden Homes regarding personal information collected about the consumer or the consumer’s household during the last twelve (12) months:
- The categories of personal information collected about you.
- The categories of sources from which the personal information is collected.
- The business or commercial purpose for collecting or selling personal information.
- For personal information sold or exchanged for value with a third party: categories of personal information and categories of third parties.
- For personal information disclosed to a third party for a business purpose: categories of personal information; and categories third parties.
- The specific pieces of personal information collected about you (except for very sensitive personally identifiable information).
The process by which we verify and respond to your requests is explained below under “How to Make a Verifiable California Consumer Request” and “How We Will Respond to a California Consumer Request.” You may submit a Right to Know request to: info@Hayden-Homes.com.
Right to Deletion of Personal Information
California consumers have the right to request that Hayden Homes delete any personal information about the consumer which Hayden Homes has collected from the consumer, subject to a range of exclusions permitted by law. For example, Hayden Homes is not required to delete personal information if it is necessary to complete a transaction, reasonably used for an ongoing business relationship, or used internally in a lawful manner that is compatible with the context in which the consumer provided the information. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exclusion applies. You may request deletion of your personal information by emailing us at opt-out@Hayden-Homes.com. Please include the necessary information (e.g. name, email address, etc.) to verify your identity.
How to Make a Verifiable California Consumer Request
California consumers may submit a request to exercise any of their rights describe above using any of the following methods:
By phone: 1-800-923-6607
By email: email@example.com
By postal mail: 2464 SW Glacier Place, Redmond, OR, 97756
Please note that in order for a request to be verifiable (including verification of your identity and your California residency), you may be required to confirm information that we have on file for you; including email address, phone numbers, full names, addresses and other personal information. We reserve the right to deny a consumer request if the identity or authority of the requesting party cannot be confirmed.
How We Will Respond to a California Consumer Request
We will respond to a verifiable consumer request within forty-five (45) days of receiving it, subject to delays and exclusions permitted by law. If we require more time to respond, we will let you know the reason why and extension period in writing.
Our response will cover the twelve (12) month period preceding our receipt of the request. If we cannot comply with all or part of your request, we will explain the reasons why. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information readily from one entity to another entity.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Protection from Discrimination for Exercising California Consumer Rights
We will not discriminate against a California consumer for exercising any of the rights described in this section. This means that except as legally permitted we will not:
- Deny you goods or services.
- Charge different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we are permitted to offer certain financial incentives that can result in different prices, rates, or quality levels if the material terms are provided to you in writing and you affirmatively opt-in to participate. You may revoke your opt-in consent at any time.
California Rights under “Shine the Light” Law
If you are a California resident, you may request a list of the types of customer information we provided to third parties for their direct marketing purposes and the names and addresses of all third parties with which we have shared such information during the past calendar year. We will provide the information to you free of charge within 30 days of your request. To request that we provide you with such information, please send a written request to info@Hayden-Homes.com. Within thirty (30) days of receiving your request, we will provide you with the information at the address you designate in your request, which may be an email address or physical address.
Please contact us to make requests about your personal information. We may require verification of your identity before acting on your request.
- Restrict our use of your personal information and transfer of your personal information to Hayden Homes Affiliates or non-affiliated third parties (including profiling to the extent that it is related to our marketing activities) as described above in “Opt-in/Opt-out Procedures;”
- Withdraw your consent to the processing of your personal information (after receiving your notice of withdrawal of consent) for any purpose other than implementation of pre-contractual measures or performance of a contract currently underway by notifying us at info@Hayden-Homes.com; or by mail to Hayden Homes, to 2464 SW Glacier Place, Redmond, OR, 97756.
- Access to your personal data and request that we provide you with your personal data in machine readable form;
- Request us to rectify any inaccurate personal data that we may hold;
- Request us to erase personal data where: it is no longer necessary for us to hold such personal data; you no longer consent to the processing of your personal data; your personal data has been unlawfully processed; we are otherwise required by law to erase your personal data;
- Make a complaint with the national data protection authority in the country where you are based.
Privacy Rights In Other Jurisdictions
You may have rights, under applicable data privacy laws, to request information about or access to the personal information that we hold about you, to require that information be corrected if it is inaccurate or, in some circumstances, to object to our processing of your personal information. If you wish to exercise those rights, please send a written request to firstname.lastname@example.org.
Personal Information of Children
We do not knowingly collect or sell personal information from children under 18 years of age without appropriate parent or other consent. If we learn that personal information from individuals under 18 years of age has been collected without appropriate consent, we will take reasonable measures to promptly delete such data from our records. If you become aware of any personal information, we have collected from children under age 18, please contact us as explained below under “How to Contact Us.”
How to Contact Us
By email: email@example.com
By U.S. Postal Mail: 2464 SW Glacier Place, Redmond, OR 97756
By phone: 1-800-923-6607
Copyright © 2020 Hayden Homes, LLC. All rights reserved.
Hayden Homes is committed to providing accessibility to its electronic media to persons with disabilities. If you have difficulty accessing content on our website or notice any accessibility problems, please contact firstname.lastname@example.org and specify the nature of the accessibility issue and whether you are using any assistive technology. One of our representatives will attempt to assist you with any accessibility concerns.
For individuals who are visually impaired:
There are several things you can do to adjust your web browser and make your online experience more accessible. If you have trouble seeing web pages, please consider these suggestions from the US Social Security Administration to optimize your system and browser and improve your online experience:
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