- Hello! We, CBH Homes, are super excited you are interested in one of our homes! By clicking on the “I accept” box on the appropriate online screen, you accept and agree to be bound and abide by these Terms and Conditions. Please read the information below carefully.
- Reservation Fee. The reservation fee is paid to CBH Homes and is refundable only in limited circumstances. Once you complete the online reservation process and pay us the reservation fee, you must attend the sales meeting scheduled through the reservation process and sign a purchase and sale agreement for the home you selected at the meeting. At the sales meeting, the purchase price for the home you selected will be reduced by the amount of the reservation fee. If you do not meet with one of our sales associates or complete and sign a purchase and sale agreement for the home you selected at the scheduled sales meeting, $50 of the reservation fee will be retained by us and the balance will be refunded to you as a reverse charge on your credit or debit card, your reservation on that home will be cancelled and there will be no further obligations or liabilities between us relating to these Terms and Conditions. Time is of the essence with respect to the obligations to be performed under these Terms and Conditions. In the event you sign the purchase and sale agreement and pay the earnest money required in that agreement, your reservation fee will be refunded in full if you are entitled to a refund of the earnest money according to the terms of the purchase and sale agreement.
- Authorization to Conduct Business Electronically. You are consenting to transact business electronically with us, as well as receive, review, sign, transmit and accept all contracts, disclosures, addenda, amendments, communications, notices and related documents electronically, according to these Terms and Conditions. However, we may transact business with you and send you certain documents via paper as required by law or as determined by us in our sole discretion.
- Withdrawal of Consent. You may withdraw your consent to transact business electronically by contacting us at 208-991-4931, 877-288-5560, firstname.lastname@example.org or at 1977 East Overland Road, Meridian, ID 83642. In the body of such request, you must state your e-mail address, full name, U.S. Postal Address, telephone number and the address of the home you selected. At our option, we may treat an invalid email address or the subsequent malfunction of a previously valid address as a withdrawal of your consent to receive electronic communications. We will not impose any fee to process the withdrawal of your consent to transact business electronically. If, however a discount is given now or in the future for conducting business electronically, a withdrawal of consent could result in the removal of any such discount. A withdrawal of your consent to transact business electronically will be effective only after we have had reasonable time to process your request.
- 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 the authority to bind that trust, company or other legal entity to these Terms and Conditions and, in such event, “you” and “your” will refer and apply to that trust, company or other legal entity. If you do not want to agree to these Terms and Conditions, you must not access or use our on-line reservation portal.
- Contact Information. It is your responsibility to provide us 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 e-mail address) by contacting us at 208-991-4931, 877-288-5560, email@example.com or at 1977 East Overland Road, Meridian, ID 83642. In the body of such request, you must state your previous e-mail address as well as your new email address.
- As-Is. You agree to accept all electronic communications and services on an “AS-IS” basis. CBH Homes does not guarantee that our communications or services will be without defect, interruption or flaw and we will not be held responsible for any loss associated with the use of our electronic services. Further, you are solely responsible for the selection, maintenance and operation of the hardware and software that you use to receive electronic notices and disclosures and otherwise transact business electronically. We are 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 that may be associated with the use of an online service. Further, 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. We may assign our rights or obligations under these Terms and Conditions, but no assignment shall relieve us of any of our obligations hereunder. Subject to the foregoing, these Terms and Conditions shall be binding upon and shall inure to the benefit of you and us and our respective successors, heirs and permitted assigns.
- Limitation on Liability. IN NO EVENT WILL CBH HOMES, ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS 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, ANY 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 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. These Terms and Conditions shall be governed by and construed in accordance with the internal laws of the state of Idaho without giving effect to any choice or conflict of law provision or rule (whether of the state of Idaho or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the state of Idaho. Notwithstanding your state of residence or the place where you accept these Terms and Conditions, it is expressly agreed that 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 of Idaho. You agree that these Terms and Conditions made and accepted within Ada County, Idaho and that, to the fullest extent permitted by law, any court action or proceeding shall be instituted exclusively in the federal or state courts located in Ada County, Idaho.
- 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 in our sole and absolute discretion up to acceptance of contract of your purchase and sale agreement for that home as described in Section 2. If we remove the home you selected from the market or accept a prior offer, your reservation fee will be refunded in full.
- Your Representations to Us. By accepting these Terms and Conditions, you represent and warrant to us as follows:
(a) All funds to be used by you for payment of the home you selected are from sources operating under, and in compliance with, all federal, state and local statutes and regulations and are free of all liens and claims of lien. You are not currently an individual or entity with whom United States persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute, executive order (including, without limitation, the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action, and you are not engaging and will not engage in any dealings or transactions or be otherwise associated with such individuals or entities.
(b) Your acceptance of these Terms and Conditions, together with our receipt of the reservation fee, will not breach any applicable money laundering or related rules or regulations (including, without limitation, any statutes, rules or regulations in effect under the laws of the United States pertaining to prohibitions on money laundering or to transacting business or dealing in property that may be blocked or may belong to Specially Designated Nationals as those terms are used by OFAC).
- Hardware and Software Requirements. In order to receive, access, view, sign and retain electronic communications that we make 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, 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.
- General Provisions. The headings in these Terms and Conditions are for convenience purposes only and are not to be used to interpret the provisions of these Terms and Conditions. These Terms and Conditions were written in the English language, and the English version shall prevail over any translation thereof. These Terms and Conditions are solely for your benefit, our benefit and the benefit of our successors and permitted assigns. These Terms and Conditions shall not otherwise be deemed to confer upon or give to any other third party any right, claim, cause of action, or other interest herein. For purposes of these Terms and Conditions, a business day shall not include Saturday, Sunday or any holiday as defined by Idaho Code § 73-108. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent such prohibition or unenforceability without invalidating the remaining provisions hereof, (provided the substance of the agreement between the parties is not thereby materially altered) and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the parties hereto hereby waive any provision of law which renders any provision hereof prohibited or unenforceable in any respect.
Last Modified February 13, 2020