Effective as of December 1, 2015
WELCOME TO THE EARTHQUAKE BRACE + BOLT PROGRAM WEBSITE
Thank you for visiting the official website for the Earthquake Brace + Bolt Program (“EBB”), a project of the California Residential Mitigation Program (“CRMP”)(collectively “we’, “us”, “our”).
As a condition of your use of our services, including this website or others we maintain, or to participate in any way in EBB or other programs we provide, (our “Services”) you agree without limitation or qualification to these Terms.
The Terms may be revised in the future and posted on this website or otherwise provided to you and require no further notice or action to be effective. By continuing to use our Services, you acknowledge and agree to our current and any future Terms. We encourage you to regularly review our Terms.
If you fail to comply with our Terms, or other reasonable requests that may be made to you by us, we may restrict, suspend or stop your use of our Services. Your only recourse if you do not agree with our Terms is to cease your use of our Services. If you do not comply with these Terms, and we don’t take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
REGISTERING WITH EBB
In order to take advantage of our Services, we require that you register on our EBB website and open an online account for communicating with us. There are no charges for registering with us and opening an online account.
In order to become a Participating Homeowner, you must register with us and submit an application. If you are a contractor, you must register with us to be able to access the training materials for contractors on this website and to become a Participating Contractor. If you are not a contractor, you must register with us to access the training materials for contractors on this website.
By providing us with your contact information, you give us permission to send you information, messages or otherwise contact you using any of the contact methods you provide (including email and text messages). We may provide you with options on designating your preferred methods of communication and you may always contact us to modify your contact information.
You are responsible for maintaining the confidentiality of your registration and account information, including your username and password. We encourage you to safeguard this information and not share it information with anyone. You must promptly notify EBB of any unauthorized use of your registration and account.
If your EBB registration or account has been restricted, suspended or terminated, neither you nor anyone acting on your behalf may register again or open another account with us.
If you have any questions about registering or opening an account with us, please contact us at firstname.lastname@example.org.
RELATIONSHIP WITH HOMEOWNERS, CONTRACTORS, AND DESIGN PROFESSIONALS
We are not involved in communications between homeowners and contractors or design professionals, such as architects and engineers, that a homeowner may hire. We do not advise, negotiate or interpret contracts between homeowners and contractors or design professionals. We do not endorse or recommend any contractor or design professional.
We are never liable for any acts or omissions of homeowners or contractors or design professionals, the content of any communications between homeowners and contractors and design professionals, the ability of contractors and design professionals to provide services, the ability of homeowners to pay for those services, and the results of work performed, or not performed, by homeowners and contractors and design professionals. We cannot and do not ensure that a homeowner or contractor or design professional will complete services, conduct any transaction, or perform with any specific standard of care.
EMERGENCY AND SAFETY ISSUES
Any questions or concerns relating to emergency or safety issues should be directed to appropriate authorities and qualified professionals (such as by calling 911 for emergencies or your local building inspection offices for building safety issues). We have no responsibility to deal with such emergency or safety issues.
THIRD PARTY CONTENT AND INFORMATION ON THIS WEBSITE
We provide information from a variety of sources, including third parties, through our Services, on this website or through links on this website (collectively, “content”). We may change content at any time without notice and expressly disclaim any assurance or guarantee that content will be up-to-date, accurate or free of viruses. While we strive to provide reliable content, because much of the content is provided by third parties, all content is provided “AS IS” and we make no warranty as to whether it is accurate or complete.
OWNERSHIP OF INTELLECTUAL PROPERTY
Using our Services does not give you ownership of any intellectual property rights or other rights in the content you access.
These Terms do not grant you the right to use any branding, logos or other proprietary materials that belong to EBB or CRMP or any third party. References by third parties to any specific service mark or trademark, or the use of proprietary images, are not controlled by us. We make no claim regarding the service marks, trademarks or proprietary images of third parties and do not constitute or imply association, endorsement or recommendation of the owners or users of such marks. To the greatest extent possible, we rely on the principles of fair use in the inclusion of proprietary materials in our website and our Programs, including EBB.
We are concerned about the use of intellectual property and we have adopted procedures in accordance with the US Digital Millennium Copyright Act. You can learn more about submitting a copyright violation notice to us by clicking here.
PROHIBITED AND RESTRICTED ACTIVITIES
You agree that your use of our Services, will not:
(1) be fraudulent, inaccurate or misleading;
(2) infringe any third party's proprietary intellectual property rights or rights of publicity or privacy;
(3) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code;
(4) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(5) be obscene or contain inappropriate material;
(6) be used to solicit users of our Services for any purpose except those we have specifically permitted in these Terms or otherwise in writing;
(7) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(8) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
(9) link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms or to which you do not have a right to link to or include.
NO WARRANTIES OR LIABILITIES
CRMP and EBB provide content through our Services, including this website and our programs. We provide this content using a commercially reasonable level of skill and care and we hope you find our content helpful. However, please note that all content on our website is provided “AS IS” and for your information only.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, WE DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE CONTENT, PROGRAMS OR SERVICES WE PROVIDE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT, PROGRAMS OR SERVICES WILL BE RELIABILE, CONTINUOUSLY AVAILABILITY OR HAVE THE ABILITY TO MEET YOUR NEEDS. ALL SUCH CONTENT, PROGRAMS AND SERVICES ARE PROVIDED “AS IS.”
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION IN OUR CONTENT, PROGRAMS OR SERVICES, WHETHER SUCH ARE FROM EBB, CRMP OR FROM THIRD PARTIES (SUCH AS CONTRACTORS, DESIGN PROFESSIONALS, HOMEOWNERS, GOVERNMENTAL AGENCIES OR OTHER THIRD PARTIES) OR A LINKED SITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THE CONTENT, PROGRAMS OR SERVICES WE PROVIDE IS AT YOUR SOLE DISCRETION AND FULL ASSUMPTION OF RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR CONTENT, PROGRAMS OR SERVICES SHALL CREATE ANY WARRANTY OR LIABILITY. AS PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY CLAIM UNDER THESE TERMS, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OR DAMAGES, INCLUDING LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
CRMP AND EBB NOT RESPONSIBLE FOR INSPECTORS AND INSPECTIONS
Participation in EBB will require local building permit-related inspections and sometimes require additional inspections by third party contractors. CRMP and EBB do not participate in or control any such inspections and shall not be responsible for the acts or omissions of the inspectors.
FURTHER INFORMATION ABOUT THESE TERMS
These Terms control the relationship between you and CRMP and EBB. They do not create any rights for anyone else.
If it turns out that a particular Term is not enforceable, no other Term will be affected.
The laws of the State of California will apply to any disputes arising out of or relating to these Terms.
If you have any questions about these Terms, please contact us at email@example.com.
Informal Procedure. In the event a controversy or claim arises out of your use of our Services, you may contact us to discuss the matter informally with the managing director or her designee. If the controversy or claim is not resolved through that discussion, you may send a letter to the managing director.
The managing director or her designee will meet in person or by telephone or both with you within 10 business days of receipt of the letter or such longer period as may be mutually acceptable.
The managing director will provide you with a written decision within 20 days of the conclusion of the meeting.
You are not required to follow this informal dispute resolution procedure, and following this informal dispute resolution procedure does not prevent you from initiating the arbitration procedure described below.
Mandatory Arbitration. By participating in any way in EBB or any other program that we provide or otherwise using our Services, you agree that any claim or controversy arising out of your participation in EBB or any other program that we provide or the use of our Services must be settled solely by arbitration administered by the American Arbitration Association in accordance with its Home Construction Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
You acknowledge that (1) you are giving up the right to sue in court, including the right to trial by jury, except as provided by the rules of the American Arbitration Association; (2) arbitration awards are generally final and binding and the ability to have a court reverse or modify an arbitration award is limited; (3) the ability to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings; (4) the arbitrators do not have to explain the reasons for their award; and (5) the rules of the American Arbitration Association may impose time limits for bringing a claim in arbitration.
Please contact us at firstname.lastname@example.org with any questions or comments regarding the Terms.