Terms of Use

Current as of September 23, 2013

Welcome to the California Residential Mitigation Program Web site (“Web site”)

Thank you for visiting the official Web site for the California Residential Mitigation Program (“CRMP”), a California joint powers authority, and its programs, including the Earthquake Brace + Bolt Program.

Definitions

Words used in these Terms of Use (“Terms”) that are defined in CRMP’s Rules for its programs, including the Pilot Phase of the Earthquake Brace + Bolt Program, Program Rules, have those same meanings in these Terms.

Those defined terms include Applicant, Participating Homeowner, and other important terms.

Terms of Use

By your use of this Web site or your participation in CRMP programs, including the Earthquake Brace + Bolt Program, you agree, without limitation or qualification, to these Terms.

The Terms include this document and CRMP’s Privacy Policy.

If you become a Participating Homeowner in the CRMP’s Earthquake Brace + Bolt Program, the Terms applicable to you will also include CRMP’s Participating Homeowner Terms of Use.

If you open an account with CRMP as a contractor in the Earthquake Brace + Bolt Program, the Terms applicable to you will also include CRMP’s Contractor Terms of Use.

Please read these Terms carefully. These Terms may be revised in the future and posted on this Web site.  You acknowledge that you agree to the current and any future Terms by your continued use of this Web site or your participation in CRMP programs, including the Earthquake Brace + Bolt Program.

If you refuse, or fail to follow the Terms, or other reasonable requests that may be made to you by CRMP, CRMP may restrict, suspend or stop your use of this Web site and your participation in its programs. 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).

Information

CRMP has your permission to send you email messages about its programs and from its authorized partners.

Your Account

You do not have to open an account with us to view this Web site. However, in order to participate in our programs, including the Earthquake Brace + Bolt Program, as an Applicant or a Participating Homeowner, you must open an account with CRMP. Homeowner Account. There is no charge for opening that account. If you are a contractor, you must open an account with CRMP to be able to access the education materials for contractors on this Web site. Contractor Account. There is no charge for opening that account.

All information that you share with us, or that we share with you, to create, manage, or use your account, is governed by our Privacy Policy.

You are responsible for maintaining the confidentiality of your username, password and account data, and we encourage you to be careful.  You should not share that information with anyone. You must promptly notify CRMP of any unauthorized use of your account.

If you open an account as an Applicant or Participating Homeowner and you also want to open an account as a contractor, you may have two accounts, one for each category.  If your CRMP account has been restricted, suspended or terminated, neither you nor anyone acting on your behalf may open another account with us. 

If you have any questions about opening an account with CRMP, please contact us at info@californiaresidentialmitigationprogram.com.

CRMP is not involved in contracts or communications between homeowners and contractors. CRMP does not refer homeowners to, or endorse, or recommend, any contractor.

CRMP is never liable for any acts or omissions of homeowners or contractors, the content of any communications between homeowners and contractors, the ability of contractors 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. CRMP cannot and does not ensure that a homeowner or contractor 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). CRMP has no responsibility to deal with such emergency or safety issues.

Third Party Content and Information on this Web site

CRMP provides information from a variety of sources, including third parties, on this Web site or through links on this Web site (collectively, “Content”).  CRMP may change Content at any time without notice and expressly disclaims any assurance or guarantee that Content will be up-to-date, accurate or free of viruses.  While CRMP strives to provide reliable Content, because much of the Content is provided by third parties, all Content is provided “AS IS” and CRMP makes no warranty as to whether it is accurate or complete.

Ownership of Intellectual Property

Using this Web site does not give you ownership of any intellectual property rights or other rights in the Content you access. 

CRMP Relationship with Homeowners and Contractors

CRMP provides information about its programs, including the Earthquake Brace + Bolt Program, on this Web site.  

These Terms do not grant you the right to use any branding, logos or other proprietary materials that belong to 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 CRMP.  CRMP makes no claim regarding the service marks, trademarks or proprietary images of third parties and does not constitute or imply association, endorsement or recommendation of the owners or users of such marks. To the greatest extent possible, CRMP relies on the principles of fair use in the inclusion of proprietary materials in its Web site and its programs, including the Earthquake Brace + Bolt Program.

CRMP is concerned about the use of intellectual property and we have adopted procedures in accordance with the US Digital Millennium Act. Visit our DMCA page to learn more about submitting a copyright violation notice to CRMP.

Prohibited and Restricted Activities 

You agree and represent to CRMP that your use of this Web site and your participation in its programs, including the Earthquake Brace + Bolt Program, 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. 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;
  7. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
  8. 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.

You also agree and represent to CRMP that you will not solicit users of this Web site or participants in our programs, including the Earthquake Brace + Bolt Program, for any purpose (except those specifically permitted, and in the manner specified, by CRMP).

No Warranties or Liabilities

CRMP provides Content through this Web site and its programs, including the Earthquake Brace + Bolt Program. We provide this Content using a commercially reasonable level of skill and care and we hope you will find our Content helpful.  However, please note that all Content on our Web site is provided “AS IS” and for your information only.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, CRMP DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE CONTENT, PROGRAMS OR SERVICES PROVIDED BY CRMP. FOR EXAMPLE, WE DON’T MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT ON OUR WEB SITE, OR THE MATERIALS PROVIDED BY OTHERS THROUGH OUR EARTHQUAKE BRACE + BOLT PROGRAM, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.  ALL CRMP CONTENT, PROGRAMS AND SERVICES ARE PROVIDED “AS IS,”

UNDER NO CIRCUMSTANCES WILL CRMP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE WEB SITE, FROM CRMP PROGRAMS OR SERVICES, FROM THIRD PARTIES (SUCH AS CONTRACTORS, HOMEOWNERS, GOVERNMENTAL AGENCIES OR OTHER THIRD PARTIES) OR A LINKED WEB SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED WEB SITE. USE OF CRMP WEB SITE, PROGRAMS OR SERVICES IS AT THE USER’S SOLE RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRMP OR THROUGH ANY THIRD PARTY CONTENT, SHALL CREATE ANY WARRANTY OR LIABILITY.  WHEN PERMITTED BY LAW, CRMP 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 Not Responsible for Inspectors

Participation in CRMP programs, including the Earthquake Brace + Bolt Program, may require local building permit-related inspections and sometimes require additional inspections by third party contractors. CRMP does 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.  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.

Dispute Resolution

Informal Procedure.  In the event a controversy or claim arises out of your use of the Web site or participation in a CRMP program, including the Earthquake Brace + Bolt Program, you may contact CRMP and discuss the matter informally with the executive director or her designee. If the dispute is not resolved, you may send a letter to the executive director explaining the dispute.  The executive director or her designee will meet in person or by telephone with you within 10 business days of receipt of the letter or such longer period as may be mutually acceptable.  The executive director will provide you with a written decision within 20 days 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 using our Web site or participating in our programs, including the Earthquake Brace + Bolt Program, you agree that any claim or controversy arising out of your use or participation will be settled by arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

In doing so, you acknowledge that (1) you are giving up the right to sue CRMP 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; and (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 reason(s) for their award; and (5) the rules of the American Arbitration Association may impose time limits for bringing a claim in arbitration.

Contact Us

Please contact us at info@californiaresidentialmitigationprogram.com with any questions or comments regarding the Terms.