AGREEMENT BETWEEN USER AND THE COUNTY OF LOS ANGELES
The County of Los Angeles (County), through the Department of Regional Planning (DRP), is providing the public with access to an artificial intelligence-powered cloud based residential sales service (CanIBuild AI Service) provided by a third party supplier, CanIBuild LLC (Supplier). Each individual who accesses or uses the CanIBuild AI Service is a User.
This CanIBuild AI Service is offered to the User of the CanIBuild AI Service conditioned on User's acceptance without modification of the terms, conditions, and notices contained herein. User's use of the CanIBuild AI Service constitutes User's agreement to all such terms, conditions, and notices.
The CanIBuild AI Service is a third-party, automated translation service that is intended to provide preliminary general planning summary and associated visualizations. The responses to User's inquiry are generated by an artificial intelligence machine and are provided as a convenience to the public.
**Please be advised that this CanIBuild AI Service is not intended to replace human or traditional methods. The CanIBuild AI Service may not capture all nuances and could contain inaccuracies. This CanIBuild AI Service, and any of its report(s), visualizations, outputs, estimates, calculations, or other information that it generates, are for informational and illustrative purposes only. The CanIBuild AI Service does not replace the advice, guidelines, ordinances, permits, inspections, surveys, engineering analyses, or submission and approval processes required by the County of Los Angeles, and its directors, employees, agents, volunteers, or its agencies (collectively, County) and any applicable governmental authorities, nor do they replace any additional downstream code, zoning, environmental, fire, accessibility, or other regulatory compliance requirements. This CanIBuild AI Service offers no guarantee whatsoever regarding the legality, feasibility, buildability, permittability, cost, suitability, or any other determination as to whether a home or other structure can or cannot be built on any parcel or built as visualized. Parcel boundaries, setbacks, dimensions, orientations, floor plan placements, and any indication that a use or design is "allowed," "permitted," or "pre-approved" are approximations only and are not surveys, legal opinions, or governmental approvals. User must independently verify all information with licensed professionals and the authorities having jurisdiction before making any decision or taking any action. **
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CANIBUILD AI SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. The County and/or its Suppliers hereby disclaim all warranties and conditions with regard to the accuracy, reliability, or timeliness of the services provided by the CanIBuild AI Service.
IN NO EVENT SHALL THE COUNTY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER arising out of or in any way connected with the User's use or performance of the CanIBuild AI Service.
User agrees that User's use of the CanIBuild AI Service is governed by and will be construed according to the laws of the State of California, and that for any disputes related to User's use and agrees to the exclusive jurisdiction of the courts of the State of California and that venue of any related action will be exclusively in the County of Los Angeles.
User's use of this CanIBuild AI Service is also governed by the County's Privacy Notice.
If User is dissatisfied with the performance of the CanIBuild AI Service, or with any of these terms of use, User's sole and exclusive remedy is to discontinue using the CanIBuild AI Service.
The County reserves the right to update these terms at any time by posting updated terms here. User's continued use of the CanIBuild AI Service constitutes acceptance of the updated terms and conditions.
**The **CanIBuild AI Service planning summary and all associated visualizations, outputs, and information are for general informational and conceptual planning purposes only. They do not replace formal surveying, engineering, architectural documentation, or governmental plan-check review. The County and CanIBuild do not endorse or recommend any design or building professional. Inclusion in the catalog does not constitute an endorsement, certification, or guarantee of services, nor does it imply that the individual or company specializes in rebuilding services. Consumers are encouraged to conduct their own research and due diligence before hiring any design or building professional
User must not rely on this information for any final decision regarding real estate purchase, financing, permitting, or construction. At a minimum, before taking any action, one should consider the following:
· Obtain a certified boundary survey from a licensed surveyor;
· Consult licensed architects, engineers, and contractors;
· Verify all requirements directly with the applicable Los Angeles County Staff having jurisdiction; and
· Investigate site-specific conditions (topography, grade, utilities, easements, environmental factors, etc.).
Key limitations User should understand:
· Parcel boundaries, dimensions, and areas are approximations based on governmental GIS and assessor records, which use mathematically rounded measurements. They are not surveys.
· Setback designations (front, rear, side) and building envelope calculations are generalized estimates and may not match how the applicable jurisdiction classifies User's parcel.
· Floor plan placement, rotation, and orientation shown are illustrative only. The ability to manipulate placement on-screen does not mean such placement is permissible, practical, or achievable.
· The CanIBuild AI Service** **does not display or account for slope, grade, underground utilities (gas, sewer, water, electrical), easements, Covenants, Conditions, and Restrictions (CC&Rs), environmental restrictions, or other physical or regulatory constraints that may prevent or limit construction.
· Additional site costs including, without limitation, grading, excavation, retaining walls, utility connections, landscaping, and drainage, are not estimated and may be substantial.
· Any indication that a use or structure is “allowed,” “permitted,” or “pre-approved” is preliminary and informational only. It is not a permit, approval, or entitlement from any governmental authority.
· Builder-specific pre-approvals may not remain valid if a different builder or floor plan is selected.
A property visualized here may not be buildable as shown, or at all, due to factors not reflected in or by this CanIBuild AI Service.
To the maximum extent permitted by law, neither County, Supplier nor Company is responsible for any decisions made or actions taken in reliance on this CanIBuild AI Service, and neither will be liable for any indirect, consequential, special, punitive, or similar damages, including loss of profits or inability to complete the User's project.
This does not modify, limit, or supersede Supplier's Terms and Conditions (below). In the event of any ambiguity, conflict, or inconsistency between the County and the User, the full Supplier's Terms and Conditions shall govern and control.
By continuing, you acknowledge these limitations and agree to CanIBuild’s full [Terms & Conditions].
CANIBUILD LLC TERMS & CONDITIONS
The following terms and conditions (these “Terms”) constitute a binding legal agreement between you (“you” or “your”) and the operator of this website (henceforth, “Company”, “us”, “we”, or “our”). Company may operate as a single entity, through affiliates, subsidiaries, parent companies, joint ventures, partners, related entities, or participating builders. These Terms apply to Company in whichever capacity it operates. These Terms govern your use of Company’s online platform, powered by Company’s vendor, Canibuild LLC (“Canibuild”), and any related services we provide (collectively, the “Website”). By using the Website, you agree to be bound by these Terms and our Privacy Policy (if no Privacy Policy is provided, then Company must contact Canibuild and request guidance before use). If the client does not provide a Privacy Policy, they must contact us and request guidance before use. If you do not agree with all of these Terms, then you are expressly prohibited from accessing or otherwise using the Website and you must discontinue use of the Website immediately.
IMPORTANT NOTICE. PLEASE READ FIRST.
THIS SERVICE PROVIDES CONCEPTUAL AND ILLUSTRATIVE INFORMATION ONLY. IT MUST NOT BE RELIED UPON FOR ANY FINAL FINANCIAL, LEGAL, PERMITTING, SURVEYING, ENGINEERING, CONSTRUCTION, OR REAL ESTATE PURCHASE DECISIONS.
All outputs including but not limited to building envelopes, setback calculations, parcel boundaries, lot dimensions, floor plan placements, orientation, zoning interpretations, and any indication that a use or structure is “allowed,” “permitted,” or “pre-approved” are approximations, estimates, and visualizations for informational purposes only. They are not surveys, legal opinions, engineering analyses, or governmental approvals.
Before purchasing property, engaging contractors, or making any commitment based on information from this Website, the user should consider the following:
· Obtain a certified boundary survey from a licensed surveyor;
· Consult with licensed architects, engineers, and contractors;
· Verify all zoning, building code, and development requirements directly with the applicable governmental authorities;
· Conduct title searches and review all recorded instruments, easements, and encumbrances; and
· Investigate site-specific conditions including but not limited to topography, grade, soil, utilities, and environmental factors.
NEITHER COMPANY NOR CANIBUILD MAKES ANY GUARANTEE THAT ANY STRUCTURE CAN BE BUILT AS VISUALIZED, THAT ANY PERMIT WILL BE ISSUED, OR THAT ANY PROPERTY IS SUITABLE FOR YOUR INTENDED USE.
You are not a customer of Canibuild and are not entering into any agreement with Canibuild by using this Website. Canibuild provides the underlying technology platform to Company but has no direct contractual relationship with you. Your sole contractual relationship for purposes of the Website is with Company.
1. Parties and Third-Party Builders
a) These Terms are between you and Company. Company is made up of a group of independent, unaffiliated builders (“Third-Party Builders”) who may be shown on the Website and offer you services separate from the Website. No Third-Party Builder is a party to these Terms, and Company is not responsible for or affiliated with any Third-Party Builders. Further, no Third-Party Builder is responsible for or affiliated with any other Third-Party Builder or Company.
b) Any services performed for you by a Third-Party Builder are not subject to these Terms, and instead will be subject to the terms, conditions and policies, including privacy policies, of such Third-Party Builder, and any other agreements between you and such Third-Party Builder. Such services performed by a Third-Party Builder are considered Third-Party Services, as described below in Section 12.
c) IF YOU EXPERIENCE ANY ISSUE OR SUFFER ANY LOSS DUE TO THE ACTS OR OMISSIONS OF A THIRD-PARTY BUILDER, YOU AGREE THAT YOU WILL SEEK RECOURSE DIRECTLY ONLY AGAINST THAT THIRD-PARTY BUILDER AND NOT AGAINST COMPANY, COUNTY, OR ANY OTHER THIRD-PARTY BUILDER. COMPANY AND EACH THIRD-PARTY BUILDER WILL BE SEVERALLY LIABLE TO YOU FOR ANY APPLICABLE DAMAGES, MEANING THAT EACH IS RESPONSIBLE ONLY FOR THEIR OWN ACTS OR OMISSIONS. COMPANY AND EACH THIRD-PARTY BUILDER WILL NOT BE JOINTLY LIABLE FOR ANY DAMAGES RELATED TO THE WEBSITE, ITS CONTENT OR ANY SERVICE PROVIDED BY COMPANY OR A THIRD-PARTY BUILDER.
2. Nature of the Website; Limitations; No Reliance
a)** Illustrative and Informational Purposes Only.** The Website is a conceptual planning and visualization tool. All outputs, displays, calculations, and information provided by the Website including without limitation parcel boundaries, shapes, dimensions, and areas; building envelopes, setbacks or design perimeters’ labels (e.g., front, rear, side, or otherwise), and allowable building footprints; floor plan placements, orientations, and rotations; indications of zoning compliance, permitted uses, or development potential; any visualization of a structure on a parcel; and any statement that a use, design, or configuration is “allowed,” “permitted,” “approved,” “pre-approved,” or similar are estimates, approximations, and illustrations only. They are provided for general informational and conceptual exploration purposes and are not intended to be, and must not be, relied upon for any final decision regarding real estate acquisition, financing, construction, permitting, or any other purpose.
b)** No Substitute for Professional Advice**. The Website is not a substitute for, and does not provide: a boundary or topographic survey by a licensed surveyor; architectural, engineering, or construction advice from licensed professionals; legal advice regarding zoning, land use, title, easements, or any other matter; financial advice regarding property valuation, financing, or investment; a permit, variance, approval, or any other entitlement from any governmental authority; or verification of site conditions including but not limited to grade, slope, soil composition, drainage, flood zones, environmental contamination, utility locations, or subsurface conditions. You are solely responsible for engaging qualified licensed professionals and for independently verifying all information before making any decision or taking any action.
c)** Accuracy Limitations.** You acknowledge and agree that:
(i) Parcel and boundary data is derived from governmental GIS systems and assessor records that use rounded measurements and closure corrections. Displayed boundaries, dimensions, and areas are approximations that may differ from recorded legal descriptions, certified surveys, or actual conditions on the ground.
(ii) Setback and envelope calculations are based on generalized interpretations of zoning codes and may not account for site-specific conditions, overlays, variances, nonconforming status, or other factors. The designation of “front,” “rear,” “side,” or other orientations may not match how the applicable jurisdiction classifies your parcel.
(iii) Floor plan placement and rotation within the Website is for visualization purposes only. The ability to move, rotate, or position a floor plan on a parcel does not indicate that such placement is permissible, practicable, or possible. Floor plans displayed are locked designs provided by Third-Party Builders; any apparent ability to manipulate placement is illustrative only and does not modify the actual floor plan or guarantee that such placement is feasible.
(iv) Orientation and directional information (e.g., front door location relative to street frontage, rotational orientation, cardinal directions) may not be accurate and must be independently verified.
(v) The Website does not display or account for topography, grade, slope, elevation changes, utility easements, underground infrastructure (including gas lines, sewer, water, electrical), environmental restrictions, soil conditions, drainage patterns, flood zones, or other physical or regulatory constraints that may affect buildability.
(vi) The Website does not estimate or account for site preparation costs including but not limited to grading, excavation, retaining walls, landscaping, utility connections, access roads, drainage improvements, or remediation of any kind.
d)** Risk of Non-Buildability. **YOU EXPRESSLY ACKNOWLEDGE THE RISK THAT A PROPERTY VISUALIZED ON THE WEBSITE MAY NOT BE BUILDABLE AS SHOWN, OR AT ALL, DUE TO FACTORS NOT REFLECTED ON THE WEBSITE. Such factors may include but are not limited to: easements, covenants, conditions, and restrictions (CC&Rs) affecting the property; utility easements, rights-of-way, or infrastructure conflicts; environmental regulations, protected species, wetlands, or other restrictions; homeowners association rules or architectural review requirements; building code requirements not reflected in zoning (e.g., fire, accessibility, structural); changes in law, regulation, or interpretation after your use of the Website; errors or omissions in underlying third-party data sources; and site-specific conditions discoverable only through professional inspection. You assume all risk associated with any decision to purchase property, engage professionals, or proceed with any project based in whole or in part on information from the Website.
e)** Pre-Approvals and Builder-Specific Information.** Where the Website displays information specific to a particular builder, floor plan, or “pre-approved” configuration: (i) such information reflects only that builder’s internal determinations and does not constitute approval by any governmental authority; (ii) any such “pre-approval” may be contingent on site-specific verification that has not been performed for your parcel; (iii) if you select a different builder or floor plan, any displayed pre-approvals or builder-specific information will not apply and you must independently verify all requirements; and (iv) pre-approvals are subject to change and may be withdrawn or modified by the applicable builder at any time without notice.
f)** Parcel Data; GIS and Assessor Records.** The Website ingests parcel boundaries and related attributes from governmental geographic information systems (“GIS”) and associated assessor and plat records (collectively, “Parcel Data”). Parcel Data is derived from legal descriptions that typically use rounded bearings and distances, which do not mathematically “close” when reconstructed as polygons. To create usable parcel maps, counties and other agencies apply coordinate-geometry (“COGO”) methods and closure corrections to adjust these descriptions and generate GIS parcel polygons. As a result, the area and dimensions computed from GIS parcel geometries will often differ slightly from assessor-published areas, recorded plats, or a current on-the-ground survey. Where Parcel Data includes an assessor-published area for a parcel, the Website is designed to display and rely on that assessor area for reference and consistency with county records, even if it differs from the area implied by the GIS geometry. The parcel polygons shown on the Website, and any associated dimensions or computed areas, are therefore approximations only and may not match a certified survey, legal description, or recorded instrument. The Parcel Data and outputs provided by the Website are for informational and conceptual planning purposes only. They do not constitute, and are not a substitute for, a boundary survey, legal description, title report, engineering analysis, or any other professional opinion. In the event of any inconsistency between the Website and a recorded instrument, assessor record, or certified survey, those official records and professional surveys will control.
g)** Thresholds and Buffers Around Regulatory Cutoffs.** Certain zoning, subdivision, and development standards apply only above or below specified parcel-size or dimensional thresholds (for example, minimum lot area requirements). Because Parcel Data and GIS geometries are approximate, the Website may apply internal buffers or tolerance ranges when evaluating whether a parcel appears to meet a given threshold, and may flag parcels as “near” or “borderline” for such thresholds. These buffers and flags are heuristics intended to reduce false precision and highlight parcels that warrant closer review; they do not represent a determination that a parcel legally satisfies or fails any specific standard. You are solely responsible for confirming whether any parcel meets applicable regulatory thresholds and requirements and for obtaining all necessary surveys, professional analyses, and governmental approvals before relying on any such determination.
h)** No Approvals or Entitlements.** Any indication on the Website that a particular use, building envelope, or development concept is “allowed,” “permitted,” “pre-approved,” or similar is preliminary, generalized, and informational only, and is not an application, approval, permit, variance, inspection, or other entitlement from any governmental authority and does not guarantee that any future application will be accepted or that any permit or approval will be issued. Building, zoning, fire, accessibility, environmental, and other codes are complex, subject to change, and often applied based on site-specific conditions and professional judgment. You are solely responsible for confirming all requirements with the authorities having jurisdiction and for obtaining all necessary approvals and inspections. NEITHER COMPANY NOR CANIBUILD SHALL HAVE ANY LIABILITY FOR FAILURES TO OBTAIN APPROVALS OR FOR ANY CHANGES IN APPLICABLE LAWS, REGULATIONS, OR AGENCY PRACTICES.
i)** Third-Party Data; No Obligation to Update.** The Website relies on data from third-party sources including governmental agencies, assessors, GIS providers, and others. Such data may contain errors, may be outdated, and may change without notice. Neither Company nor Canibuild has any obligation to update the Website or any outputs when underlying third-party data changes. You are responsible for verifying all information with authoritative sources.
3. Account Registration
You may be required to create an account in order to access or use certain features of the Website. When you create an account, we may ask you to provide to us certain information about yourself, including your name and email address, and to create a username and password (collectively, “Account Information”). You agree to provide true and accurate Account Information. You are responsible for keeping your Account Information up to date. You shall not impersonate any person, misrepresent your affiliation with any person, use false information or conceal your identity from us, and shall not attempt to do any of the foregoing. You are solely responsible for maintaining the confidentiality and security of your password, and shall not share your password with any other person. If you do share your password with another person or otherwise permit or authorize another person to use your account in any way, you are responsible for such person’s actions and we will consider such person’s actions to have been authorized by you. If you believe that your account is no longer secure, you shall notify us immediately.
4. Changes to these Terms; Use of the Website; Changes to Website
a) We may modify these Terms from time to time in our sole discretion. All changes, modifications, or amendments shall be effective upon posting, and we will notify you of any material changes, modifications or amendments. Continuing to use the Website following the posting of changes, modifications or amendments to these Terms constitutes your agreement to and acceptance of those changes, modifications and amendments. If you do not agree with all of the changes, modifications and amendments to these Terms, then you are expressly prohibited from continuing to access or otherwise use the Website and you must discontinue use of the Website immediately.
b) All information you provide to us must be accurate and complete. Company grants you the right to access and use the Website only for your own personal, non-commercial use or, solely if you are or are interested in becoming a Third-Party Builder, for your own internal business purposes.
c) We reserve the right to modify the Website, or any component thereof, at any time for any reason in our sole discretion, including without limitation, to cease providing the Website, or any component thereof.
d) Your right to access and use the Website is conditioned upon your compliance with these Terms. If you materially violate these Terms, the rights granted to you in Section 4.b will automatically terminate and we may, in our sole discretion, terminate your account and/or access to the Website without liability. If you violate any of the provisions of these Terms, or if we reasonably suspect that you have violated any of the provisions of these Terms, we may, in our sole discretion, suspend your account or your access to the Website without liability, until the applicable violation has been remedied. We may also suspend access to the Website as necessary to perform maintenance on the Website or for any security concerns.
e) If we terminate or suspend your account for any reason, you are prohibited from creating a new account, including under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and/or injunctive redress.
f) The Website is intended for users who are at least 18. If you are under 18, you are prohibited from using the Website.
5. Restrictions and Responsibilities
a) You shall not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Website; modify, translate, or create derivative works based on the Website; use the Website for timesharing or service bureau purposes or otherwise for the benefit of any third party; or remove any copyright or other proprietary rights notices or labels posted on the Website or any content or data made available on the Website.
b) You are responsible for obtaining and maintaining any systems, equipment and ancillary services needed to connect to, access or otherwise use the Website, including, without limitation, computers, modems, hardware, servers, software, operating systems, networking, web servers and the like.
6. Acceptable Use Policy
a) You may not use, or facilitate or allow others to use, the Website:
· for any illegal or fraudulent activity;
· to violate the rights of others, including any copyright or other intellectual property rights of any third party;
· to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device; or
· to systematically retrieve data or other content from the Website or elsewhere to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
b) In addition, you will not:
· circumvent, disable, or otherwise interfere with security-related features of the Website, including attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
· engage in unauthorized framing of or linking to the Website;
· engage in any automated use of the Website, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
· interfere with, disrupt, disable, overburden, or impair the Website or any networks the Website is connected to;
· attempt to impersonate Company or another user or person;
· use any information obtained from the Website in order to harass, abuse, or harm another person;
· use the Website as part of any effort to compete with us or any Third-Party Builders or otherwise use the Website for any revenue-generating endeavor or commercial enterprise that competes with us or any Third-Party Builders;
· decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website, except as expressly permitted by applicable law;
· delete the copyright or other proprietary rights notices posted on the Website or any content or data made available on the Website;
· copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
· upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s or person’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;
· scrape or crawl or otherwise copy or extract data or other content from the Website; or
· use the Website in a manner inconsistent with any applicable laws or regulations.
7. Proprietary Rights
a) We, Canibuild, the Third-Party Builders or our or their respective licensors own and retain all right, title and interest in and to (i) the Website, including all visual interfaces, graphics, designs, trademarks, images, information, data, and all other content included on the Website, and all improvements, enhancements or modifications thereto, (ii) any software, applications, algorithms, databases, inventions or other technology developed or provided in connection with the Website or support, (iii) any Aggregated Data, (iv) all reports, metrics, or other content generated or provided by Company or the Website and (v) all intellectual property rights related to any of the foregoing. You may not copy, distribute, modify, create derivative works of, reproduce, publish, publicly perform or display, use or otherwise commercially exploit, in whole or in part, any of the contents of the Website, including without limitation any data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Website (“Content”), except as expressly authorized by these Terms.
b) We may monitor your use of the Website and collect and compile data and information related to your use of the Website. We, our licensors (including Canibuild), and Third-Party Builders may use such data and information in an aggregate manner (“Aggregated Data”), including to compile and analyze statistical and performance information related to the provision and operation of the Website and as part of the features and functionality of the Website. You acknowledge and agree that we and our licensors may compile Aggregated Data and use it to improve the Website or other products and services and as otherwise permitted by law.
8. Indemnity
You will defend and indemnify Company, its affiliates, officers, directors, shareholders, employees, agents, contractors, and licensors (including Canibuild) and Third-Party Builders (collectively, “Covered Entities”) and hold them harmless from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and out-of-pocket expenses) incurred by the Covered Entities as a result of any claim by a third party arising from your (i) use of the Website or any Third-Party Website; (ii) violation of applicable law; (iii) breach of these Terms; or (iv) any decision or action you take based on information from the Website.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COVERED ENTITIES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ABOUT THE WEBSITE AND ITS CONTENT, INCLUDING THE SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, QUALITY, COMPLETENESS AND ACCURACY THEREOF. THE COVERED ENTITIES DO NOT PROMISE ANY OUTCOMES, AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK.
10. Limitation of Liability; Waiver
a) NO COVERED ENTITY WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES BASED ON LOSS OF PROFITS, REVENUES, SALES, COMPANYS, REPUTATION, BUSINESS OR DATA, TRADING LOSSES, BUSINESS INTERRUPTION, DIMINUTION IN VALUE OR MULTIPLES OF EXPECTED REVENUE OR FINANCIAL PERFORMANCE, OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY OR PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THESE TERMS, INCLUDING USE OR INABILITY TO USE THE WEBSITE. THE TOTAL LIABILITY OF COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND CONTRACTORS TO YOU WILL NOT EXCEED $100.00.
b) THE COVERED ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY PERFORMANCE DEGRADATION, INTERRUPTION, OR DELAYS OF THE WEBSITE, OR ERRORS OR OMISSIONS IN ANY DATA, INFORMATION, OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE (INCLUDING PRICING ESTIMATES, INFORMATION, SPECIFICATIONS AND DIMENSIONS, VISUAL DEPICTIONS, ETC.). YOU ACKNOWLEDGE AND UNDERSTAND THAT THE WEBSITE IS FOR ILLUSTRATIVE PURPOSES ONLY AND IS NOT TO BE RELIED ON AS A GUARANTEE OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE (FINANCIAL, LEGAL, OR OTHERWISE).
c) YOU HEREBY WAIVE ANY AND ALL CLAIMS THAT YOU MAY HAVE AGAINST CANIBUILD AND/OR THE COUNTY ARISING OUT OF YOUR USE OF THE WEBSITE, AND COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES IN CONNECTION WITH THE WEBSITE OR OTHERWISE UNDER THESE TERMS.
11. Privacy
If you submit personal information (including Account Information) to Company, such personal information will be handled in accordance with our Privacy Policy. Please review our Privacy Policy, accessible through this Website, for an explanation of how we collect, use, and disclose your personal information. If no Privacy Policy is currently available, please contact us through the contact information provided on this Website for guidance on how your information is handled.
12. Third-Party Services
a) The Website may provide access or links to websites, applications, software, content, resources, services, or products made available by third parties, including Third-Party Builders (collectively, “Third-Party Services”). Your use of the Third-Party Services is entirely at your own risk. Company has no control over such Third-Party Services, and you acknowledge and agree that (i) Company is not responsible for the availability of any Third-Party Services and (ii) Company does not endorse and is not responsible or liable for any Third-Party Services, or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Services. Without limiting the generality of the foregoing, your access to and use of any Third-Party Website is subject to any terms, conditions, policies, including privacy policies, and other agreements applicable to such Third-Party Website. Company reserves the right to change the available Third-Party Services or remove a Third-Party Website from the Website at any time for any reason in our sole discretion.
b) For clarity, information you submit through a Third-Party Website is subject to the terms, conditions, policies, including privacy policies, and other agreements applicable to such Third-Party Website, and Company has no control over how information through a Third-Party Website is collected, used, or otherwise handled. You understand and agree that the third parties that provide the Third-Party Services may collect, use, and share certain information about you, if you use the Third-Party Services. You understand and agree Company is not responsible for these third parties’ use of any of the information you submit through a Third-Party Website.
13. Dispute Resolution
a) These Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Except as with respect to Company seeking injunctive relief, including a temporary restraining order, or declaratory relief, all disputes arising out of or in connection with these Terms, including use or inability to use the Website, will be resolved solely by binding arbitration in Los Angeles County, California. The arbitration will be conducted before one independent arbitrator who is a retired judge (to be designated through JAMS) and pursuant to the Comprehensive Arbitration Rules and Procedures (as then in effect) of JAMS. The arbitrator’s award will be final and binding, and judgment thereon may be entered in any court of competent jurisdiction. For all disputes arising out of or relating to these Terms, including use or inability to use the Website, that are not covered by this agreement to arbitrate, you hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California and waive any and all objections to the exercise of jurisdiction over you by such courts.
b) YOU HEREBY AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND YOU WILL NOT FILE OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION AGAINST US.
c) WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND COMPANY BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THESE TERMS, INCLUDING USE OR INABILITY TO USE THE WEBSITE, BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES UNDER APPLICABLE LAW.
14. Miscellaneous
a) These Terms and our Privacy Policy, which is hereby incorporated by reference, constitute the entire agreement between the parties with regard to the subject matter hereof and thereof. No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter hereof and thereof.
b) You hereby consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, such as via email or on the Website, satisfy any legal requirement that such communications be in writing.
c) If you submit comments, suggestions, ideas, notes, concepts, or other information to us through the Website or otherwise about the Website to us (“Feedback”), you acknowledge and agree that Company may use such Feedback for any purpose without obligation of any kind. To the extent a license is required to make use of the Feedback, you hereby grant to Company an irrevocable, non-exclusive, perpetual, worldwide, fully-paid-up, royalty-free license to use the Feedback in connection with Company’s business, including the enhancement of the Website.
d) Except as expressly set forth in these Terms, there are no third party beneficiaries to these Terms.
e) If you have any questions, complaints, or claims about the Website, or if you are having any technical difficulties or other issues viewing or using the Website, please contact us through the contact information provided on this Website.
f) Notices to us under these Terms may be provided through the contact information provided on this Website, or by any other method specified by Company.
g) Neither party will by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party of any of the provisions of these Terms. Further, the waiver by either party of a particular breach of these Terms by the other party will not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of these Terms. If any of the provisions of these Terms are found or deemed by a court to be invalid or unenforceable, they will be severable from the remainder of these Terms and will not cause the invalidity or unenforceability of the remainder of these Terms.
h) For the avoidance of doubt, any provisions of these Terms that by their nature would reasonably apply to the parties even after you cease using the Website will continue to apply, including Section 1 (Parties and Third-Party Builders), Section 2 (Nature of the Website; Limitations; No Reliance), Section 5 (Restrictions and Responsibilities), Section 6 (Acceptable Use Policy), Section 7 (Proprietary Rights), Section 8 (Indemnity), Section 9 (Disclaimer of Warranty), Section 10 (Limitation of Liability), Section 11 (Privacy), Section 12 (Third-Party Services), Section 13 (Dispute Resolution) and Section 14 (Miscellaneous).