The website located at https://TheADUPro.com/
(the “Site”) is a copyrighted work belonging to THE ADU PRO Construction
Service, Inc. (“THE ADU PRO”, “us”, “our”, and “we”).
Certain features of the Site may be subject to
additional guidelines, terms, or rules, which will be posted on the Site in
connection with such features. All such additional terms, guidelines, and rules
are incorporated by reference into these Terms.
THESE TERMS OF
USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT
GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING
THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU
REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER
INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU
MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18
YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO
NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION
(SECTION 5.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY
TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE
EVENT OF A DISPUTE.
1.ACCESS TO THE SITE
1.1 Overview.
We provide the Site as an online network and
service to provide homeowners (“Homeowners”) with
resources on custom homes, to be sold as accessory dwelling units, junior
accessory dwelling units or any similar structure, whether attached or detached
from a primary dwelling (collectively, “ADUs”), and to
provide information to Homeowners who are interested in working with THE ADU
PRO to build ADUs on their property (“Property”). The
Site enables Homeowners to schedule a free, zero-commitment phone call or a
home visit to assess and discuss opportunities for ADU development. In the
event a Homeowner decides to work with THE ADU PRO in the purchase of an ADU,
such purchase will be governed by additional terms and conditions to be set
forth in a written agreement between the Homeowner and THE ADU PRO.
1.2 License.
Subject to these Terms, THE ADU PRO grants you a
non-transferable, non-exclusive, revocable, limited license to use and access
the Site solely for your own personal, noncommercial use.
1.3 Our Role.
a) Builder.THE ADU
PRO is a builder (“Builder”) of ADUs as the same is defined by California
Health & Safety Code §18002.6. THE ADU PRO IS NOT A REAL ESTATE BROKER,
REAL ESTATE SALESPERSON, INSURER, OR REAL ESTATE AGENT. THE ADU PRO does not
act as a broker, agent or property manager, nor does THE ADU PRO, under any
circumstance, for compensation or valuable consideration, sell or offer to
sell, buy or offer to buy, lease or offer to lease, rent or offer, to rent, or
manage or offer to manage any Property. THE ADU PRO is solely involved in the
construction of ADUs to Homeowners.
b) Contractor’s License.THE ADU
PRO IS A LICENSED CONTRACTOR UNDER GREEN POINT BUILDERS, INC. (947770). THE ADU
PRO is bonded and insured under the requirements of California’s Contractor’s
License Law. All Contractors engaged to perform any ADU construction will be
bonded and insured as required by law. THE ADU PRO may from time to time use
Sub-Contractors for services needed of ADUs purchased from THE ADU PRO and for
other activities requiring a License, and such Contractors are not employees of
THE ADU PRO. These Terms hereby constitute written certification, pursuant to
Cal Bus & Prof Code 7026.2(c), that all construction of ADUs will be
performed by THE ADU PRO.
c) Insurance.Homeowners
must obtain and maintain appropriate insurance for their Property, including
the ADU. Please make sure that you are familiar with and understand any
exclusions to, and any deductibles that may apply for, such insurance policy,
including, but not limited to, whether or not your insurance policy will cover
the actions or inactions of renters or guests to your Property or ADU and
injuries to such renters or guests. THE ADU PRO is not responsible for damages
or claims to the Property caused during the construction or after the
completion of the ADU which is caused by employees, homeowners, guests or
renters to the Property or ADU.
1.4 Compliance.
HOMEOWNERS SHOULD UNDERSTAND HOW THE LAWS WORK
IN THE JURISDICTION OF THEIR PROPERTY. SOME JURISDICTIONS MAY REQUIRE
REGISTRATION AND CERTAIN LICENSING AND PERMITS AND/OR PAYMENT OF FEES, TAXES,
OR ASSESSMENTS. OTHER JURISDICTIONS MAY PROHIBIT THE USE OF THE ADU AS A
DWELLING, FOR RENTALS (INCLUDING SHORT TERM RENTALS), OR OTHER INTENDED USES,
ENTIRELY. HOMEOWNERS ARE SOLELY RESPONSIBLE FOR ALL SUCH COMPLIANCE. PLEASE
NOTE THAT THE ADU PRO assumes no responsibility for any compliance with any
agreements with or duties to third parties, applicable laws, rules and
regulations. WHILE WE WILL PROVIDE LIMITED INFORMATION AT A SITE VISIT OR
DURING A PHONE CALL, HOMEOWNERS ARE RESPONSIBLE FOR REVIEWING LOCAL LAWS, AND
IF APPROPRIATE, CONSULTING WITH COUNSEL.
1.5 Certain Restrictions.
The rights granted to you in these Terms are
subject to the following restrictions: (a) you shall not license, sell, rent,
lease, transfer, assign, distribute, host, or otherwise commercially exploit
the Site, whether in whole or in part, or any content displayed on the Site;
(b) you shall not modify, make derivative works of, disassemble, reverse
compile or reverse engineer any part of the Site; (c) you shall not access the
Site in order to build a similar or competitive website, product, or service;
and (d) except as expressly stated herein, no part of the Site may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means. Unless otherwise indicated, any future
release, update, or other addition to functionality of the Site shall be
subject to these Terms. All copyright and other proprietary notices on the Site
(or on any content displayed on the Site) must be retained on all copies
thereof.
1.6 Modification.
THE ADU PRO reserves the right, at any time, to
modify, suspend, or discontinue the Site (in whole or in part) with or without
notice to you. You agree that THE ADU PRO will not be liable to you or to any
third party for any modification, suspension, or discontinuation of the Site or
any part thereof.
1.7 No Support or Maintenance.
You acknowledge and agree that THE ADU PRO will
have no obligation to provide you with any support or maintenance in connection
with the Site.
1.8 Ownership.
You acknowledge that all the intellectual
property rights, including copyrights, patents, trademarks, and trade secrets,
in the Site and its content are owned by THE ADU PRO or THE ADU PRO’S
suppliers. Neither these Terms (nor your access to the Site) transfers to you
or any third party any rights, title or interest in or to such intellectual
property rights, except for the limited access rights expressly set forth in
Section 1.2. THE ADU PRO and its suppliers reserve all rights not granted in
these Terms. There are no implied licenses granted under these Terms.
1.9 Feedback.
If you provide THE ADU PRO with any feedback or
suggestions regarding the Site (“Feedback”), you
hereby assign to THE ADU PRO rights in such Feedback and agree that THE ADU PRO
shall have the right to use and fully exploit such Feedback and related
information in any manner it deems appropriate. THE ADU PRO will treat any
Feedback you provide to THE ADU PRO as non-confidential and non-proprietary.
You agree that you will not submit to THE ADU PRO any information or ideas that
you consider to be confidential or proprietary.
2.THIRD-PARTY LINKS, APPLICATIONS & ADS;
OTHER USERS
2.1 Third-Party Links, Applications & Ads.
The Site may contain links to third-party
websites and services, applications and/or display advertisements for third
parties (collectively, “Third-Party Links, Applications & Ads”). Such
Third-Party Links, Applications & Ads are not under the control of THE ADU
PRO, and THE ADU PRO is not responsible for any Third-Party Links, Applications
& Ads. THE ADU PRO provides access to these Third-Party Links, Applications
& Ads only as a convenience to you, and does not review, approve, monitor,
endorse, warrant, or make any representations with respect to Third-Party
Links, Applications & Ads. You use all Third-Party Links, Applications
& Ads at your own risk, and should apply a suitable level of caution and
discretion in doing so. When you click on any of the Third-Party Links, Applications
& Ads, the applicable third party’s terms and policies apply, including the
third party’s privacy and data gathering practices. You should make whatever
investigation you feel necessary or appropriate before proceeding with any
transaction in connection with such Third-Party Links & Ads
2.2 Release.
You hereby release and forever discharge THE ADU
PRO (and our officers, employees, agents, successors, and assigns) from, and
hereby waive and relinquish, each and every past, present and future dispute,
claim, controversy, demand, right, obligation, liability, action and cause of
action of every kind and nature (including personal injuries, death, and
property damage), that has arisen or arises directly or indirectly out of, or
that relates directly or indirectly to, the Site (including any interactions
with, or act or omission of, other Site users or any Third-Party Links,
Applications & Ads). If you are a California resident, you hereby waive
California Civil Code 1542 in connection with the foregoing, which states, “A
general release does not extend to claims that the creditor or releasing party
does not know or suspect to exist in his or her favor at the time of executing
the release and that, if known by him or her, would have materially affected
his or her settlement with the debtor or released party.”
3.DISCLAIMERS
THE SITE IS, AND ANY PURCHASED ADUS WILL BE,
PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS,
AND THE ADU PRO (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING
ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, CONDITION OR FUNCTIONALITY OF THE SITE OR AN ADU (AS APPLICABLE), THE
SUITABILITY OF THE SITE OR AN ADU (AS APPLICABLE) FOR HOMEOWNERS’ PURPOSES OR
ANY PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
UNLESS OTHERWISE EXPRESSLY AGREED BY THE ADU PRO IN WRITING, THE ONLY WARRANTY
FOR ADUS SOLD TO HOMEOWNERS WILL BE THE REQUIRED STATE LAW ON MANUFACTURER’S
WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
4.LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL THE ADU PRO (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS,
OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO
USE, THE SITE, EVEN IF THE ADU PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR A HOMEOWNER’S VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS
(INCLUDING, WITHOUT LIMITATION, ANY PERMIT, LICENSE OR REGISTRATION
REQUIREMENTS, OR FAILURE TO PAY TAXES), OR THE USE, CONDITION OR RENTAL OF AN
ADU BY A HOMEOWNER, OR ANY CLAIMS AGAINST A CONTRACTOR. ACCESS TO, AND USE OF,
THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING
THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR
RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS
(U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR
RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. PLEASE NOTE THAT THE PURCHASE AND SALE OF ADUS BY THE ADU PRO
WILL BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, WHICH WILL BE SET FORTH IN
A SEPARATE WRITTEN AGREEMENT.
5.General
5.2 Dispute Resolution. PLEASE READ THIS
CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) Any and all controversies, disputes,
demands, counts, claims, or causes of action (including the interpretation and
scope of this clause, and the arbitrability of the controversy, dispute,
demand, count, claim, or cause of action) between you and THE ADU PRO and our
employees, agents, successors, or assigns, regarding or relating to the Site or
these Terms shall exclusively be settled through binding and confidential
arbitration.
(b) Arbitration shall be subject to the Federal
Arbitration Act and not any state arbitration law. The arbitration shall be
conducted before one commercial arbitrator with substantial experience in
resolving commercial contract disputes from the American Arbitration
Association (“AAA”) or JAMS. As modified by these Terms, and unless otherwise agreed
upon by the parties in writing, the arbitration will be governed by the AAA’s
or JAMS’s rules for commercial arbitration and, if the arbitrator deems them
applicable, the procedures for consumer-related disputes.
(c) You are thus GIVING UP YOUR RIGHT TO GO TO
COURT to assert or defend your rights EXCEPT for matters that may be taken to
small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and
NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration
procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
Arbitrator decisions are as enforceable as any court order and are subject to
VERY LIMITED REVIEW BY A COURT.
(d) You and we must abide by the following
rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE
THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in
the event that you are able to demonstrate that the costs of arbitration will
be prohibitive as compared to costs of litigation, we will pay as much of your
filing and hearing fees in connection with the arbitration as the arbitrator
deems necessary to prevent the arbitration from being cost-prohibitive as
compared to the cost of litigation, (4) we also reserve the right in our sole
and exclusive discretion to assume responsibility for all of the costs of the
arbitration; (5) the arbitrator shall honor claims of privilege and privacy
recognized at law; (6) the arbitrator’s award shall be final and may be
enforced in any court of competent jurisdiction; (7) the arbitrator may award
any individual relief or individual remedies that are permitted by applicable
law; and (8) each side pays its own attorneys’ fees and expenses unless there
is a statutory provision that requires the prevailing party to be paid its
fees’ and litigation expenses, and then in such instance, the fees and costs
awarded shall be determined by the applicable law.
(e) Notwithstanding the foregoing, either you or
we may bring an individual action in small claims court. Further, claims of
infringement or misappropriation of the other party’s patent, copyright,
trademark, or trade secret shall not be subject to this arbitration agreement.
Such claims shall be exclusively brought in the state or federal courts located
in San Francisco, California. Additionally, notwithstanding this agreement to
arbitrate, either party may seek emergency equitable relief before the state or
federal courts located in San Francisco, California in order to maintain the
status quo pending arbitration, and hereby agree to submit to the exclusive
personal jurisdiction of the courts located within San Francisco, California
for such purpose. A request for interim measures shall not be deemed a waiver
of the right to arbitrate.
(f) With the exception of subparts (1) and (2)
in Section 5.2(d) above (prohibiting arbitration on a class or collective
basis), if any part of this arbitration provision is deemed to be invalid,
unenforceable or illegal, or otherwise conflicts with the Agreement, then the
balance of this arbitration provision shall remain in effect and shall be
construed in accordance with its terms as if the invalid, unenforceable,
illegal or conflicting provision were not contained herein. If, however, either
subparts (1) and (2) in Section 5.2(d) (prohibiting arbitration on a class or
collective basis) is found to be invalid, unenforceable or illegal, then the
entirety of this arbitration provision shall be null and void, and neither you
nor we shall be entitled to arbitration. If for any reason a claim proceeds in
court rather than in arbitration, the dispute shall be exclusively brought in
state or federal court in San Francisco, California.
(g) Notwithstanding any provision in this
Agreement to the contrary, if we seek to terminate the Dispute Resolution
section as included in these Terms, any such termination shall not be effective
until 30 days after the version of these Terms not containing the agreement to
arbitrate is posted to the Site, and shall not be effective as to any claim of
which you provided THE ADU PRO with written notice prior to the date of
termination.
(h) For more information on AAA, its Rules and
Procedures, and how to file an arbitration claim, you may call AAA at
800-778-7879 or visit the AAA website at http://www.adr.org. For more
information on JAMS, it’s Rules and Procedures, and how to file an arbitration
claim, you may call JAMS at 800-352-5267 or visit the JAMS website at
http://www.jamsadr.com.
(i) Any and all controversies, disputes,
demands, counts, claims, or causes of action between you and THE ADU PRO and
our employees, agents, successors, or assigns, regarding or relating to these
Terms or the Site shall exclusively be governed by the internal laws of the
State of California, without regard to its choice of law rules and without
regard to conflicts of laws principles except that the arbitration provision
shall be governed by the Federal Arbitration Act. The United Nations Convention
on Contracts for the International Sale of Goods shall not apply to these
Terms.
5.3 Export.
The Site may be subject to U.S. export control
laws and may be subject to export or import regulations in other countries. You
agree not to export, reexport, or transfer, directly or indirectly, any U.S.
technical data acquired from THE ADU PRO, or any products utilizing such data,
in violation of the United States export laws or regulations.
5.4 Disclosures.
THE ADU PRO is located at the address in Section
5.8. If you are a California resident, you may report complaints to the
Complaint Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
5.5 Electronic Communications.
The communications between you and THE ADU PRO
use electronic means, whether you use the Site or send us emails, or whether THE
ADU PRO posts notices on the Site or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from THE ADU
PRO in an electronic form; and (b) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that THE ADU PRO
provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were be in a hardcopy writing. The foregoing
does not affect your non-waivable rights.
5.6 Entire Terms.
These Terms constitute the entire agreement
between you and us regarding the use of the Site. Our failure to exercise or
enforce any right or provision of these Terms shall not operate as a waiver of
such right or provision. The section titles in these Terms are for convenience
only and have no legal or contractual effect. The word “including” means “including
without limitation”. If any provision of these Terms is, for any reason, held to be
invalid or unenforceable, the other provisions of these Terms will be
unimpaired, and the invalid or unenforceable provision will be deemed modified
so that it is valid and enforceable to the maximum extent permitted by law.
Your relationship to THE ADU PRO is that of an independent contractor, and
neither party is an agent or partner of the other. These Terms, and your rights
and obligations herein, may not be assigned, subcontracted, delegated, or
otherwise transferred by you without THE ADU PRO’S prior written consent, and
any attempted assignment, subcontract, delegation, or transfer in violation of
the foregoing will be null and void. THE ADU PRO may freely assign these Terms.
The terms and conditions set forth in these Terms shall be binding upon
assignees.
5.7 Copyright/Trademark Information.
All trademarks, logos and service marks (“Marks”)
displayed on the Site are our property or the property of other third parties.
You are not permitted to use these Marks without our prior written consent or
the consent of such third party which may own the Marks.
5.8 Contact Information:
THE ADU PRO.
Address: 15338 Central Ave. Chino, CA 91710
Email: info@TheADUPro.com