TERMS OF USE

CA Terms of Use

TERMS OF USE

Effective Date: October 11, 2019

Welcome to our website, www.constructionacceleratortm.com (the “Website”). This Website is owned and operated by Construction Accelerator LLC (“CA,” “we,” or “us”). Please read these Terms of Use carefully, as they may have changed since your last visit. We reserve the right to change these Terms of Use from time to time for any reason, and may provide you with notice of such changes by any reasonable means, including posting the updated Terms of Use to https://constructionacceleratortm.com/terms-of-use/.

  • Acceptance of Terms of Use: By accessing our Website and any of the features, content, and products available on the Website (the “Services”), you indicate your unconditional acceptance of these Terms of Use on your own behalf and on behalf of any organization you represent (collectively, “you” or “your”). Please review our Terms of Use carefully, as they create a binding agreement (this “Agreement”) between you and CA.

  • Privacy Policy: Together with our Privacy Policy, these Terms of Use govern your use of the Website and Services, including your submission of information through the Website and Services. You agree that all information that you provide to CA by accessing the Website and the Services is true, accurate, and complete, and you agree to maintain and update your information.

  • Website and Services: Through this Website, we provide information and services, including written materials, video content, and educational tools, which may include seminars, downloadable courses, presentation materials, streaming content, publications and blog posts. All content provided on this Website is for your general information and use only, and is subject to change without notice. We are not engaged in providing legal, technical, or other professional advice. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website, and comply with applicable laws.

 
The quality of the content you access on this Website may be affected by a variety of factors, including your connection, the content being downloaded or streamed, and your location. CA makes no representations or warranties regarding access to Website content in connection with the Services.

We may alter, suspend, or discontinue this Website and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Website and/or Services, for some or all users, from time to time. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We reserve the right to modify or change the Website or any of the Services, with or without notice to you, and we are not obligated to support or update the Website or any Services.

  • Registration. To access certain Services on this Website, you may be asked to provide certain registration information (including your name, email address, and telephone number), and to create a username and password (your “Login Credentials”) that will be used to access your profile (your “Member Profile”). You represent and warrant that all information provided by you is accurate and complete. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity on your account. You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. You agree that you will maintain and promptly update your Member Profile to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of this Website and/or our Services.

  • Acknowledgement to Receive Communications. As a user of this Website and by your acknowledgment of these Terms of Use, which you grant by use of this Website and our Services, you explicitly consent to receive emails from us regarding our Services. We may use a third party partner to facilitate our electronic communications. By submitting your information and creating your Member Account, you grant CA the right to store and share your information with our third party service provider, which may change from time to time. You agree that CA will not be responsible for any failures of the third party to adequately protect such information. We may from time to time send you email messages with information about our service offerings from us and our partners. You may opt-out from receiving certain of such correspondence by selecting to unsubscribe as may be provided in the applicable correspondence.

  • Intellectual Property Rights. CA owns or licenses all content on this Website, including all underlying materials, information, and articles, all of which are protected by United States copyright, trademark, patent, trade secret, and other intellectual property rights.

 
All trademarks, trade names, and service marks on the Website or the Services, including without limitation CA™, Last Planner®, LP™, LPS™ , and Last Planner System®, are owned by CA, CA’s licensors, or other respective owners. Such trade names, trademarks, and services marks, whether registered or unregistered, may not be used in connection with any product or service that is not owned by CA, or in any manner that is likely to cause confusion. Nothing on this Website should be construed as granting any license or right to use any such trade names, trademarks, or service marks without CA’s express written consent. You may not use this Website, the Services, or any of the information and materials available on this Website, except as expressly permitted by these Terms of Use. Any questions regarding the use of any intellectual property provided on the Website should be directed to andy@tryCAnow.com.

While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), you agree that: (1) your unsolicited ideas become the property of CA and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) CA may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for CA to review your unsolicited ideas; and (5) CA has no obligation to keep any unsolicited ideas confidential.

  • Notice of Copyright Infringement, DMCA Agent. CA does not permit copyright infringing activities to occur on this Website and may remove any content of any kind, for example, if properly informed that certain content infringes upon another’s copyright rights. If you are a copyright owner or an agent thereof and believe that any content on this Website infringes upon your copyrights, you may notify CA by providing the following information in writing:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

    • Identification of the location where the original or an authorized copy of the copyrighted work exists;

    • Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit CA to locate the same;

    • Information reasonably sufficient to permit CA to contact you, such as an address, telephone number, and, if available, an email address;

    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our contact for notice of claims of copyright infringement can be reached as follows:
Andy Fulton
Construction Accelerator LLC
4165 Swift Ave.,

San Diego CA 92104
Email: andy@tryCAnow.com

You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

  • Prohibited Uses. You may use this Website and the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to:

    • Use this Website or the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

    • Engage in any other content that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm CA or users of the Website or the Services, or expose them to liability;

    • Attempt to gain unauthorized access to any Website account, computer systems or networks associated with CA or the Website;

    • Upload, post, email, transmit or otherwise make available any content, or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;

    • Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material, which are malicious or technologically harmful;

    • Impersonate or attempt to impersonate CA, an CA employee, another user, or any other person or entity;

    • Interfere with or disrupt CA’s servers or any networks connected to CA, or disobey any requirements, procedures, policies or regulations of networks connected to CA.

  • Third Party Content, Links. This Website and our Services may contain links to other sites and resources provided by third parties, which are provided for your convenience only. CA has no control over the content of third party sites or resources, and CA accepts no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or content, you do so entirely at your own risk. Links to third party websites or content on this Website do not in any way imply CA’s endorsements of such third party products or services, and these Terms of Use in no way create any legal relationship between you and the provider of such third party content. CA shall have the right, at any time, to block links to this Website or Services at any time without prior notice.

  • Purchases and Fees. We may make certain resources and materials available for purchase through the Website and the Services. All information you provide to obtain CA’s Services, including credit card and payment information, is governed by our Privacy Policy. We may use a third party payment service to charge your credit card. By submitting your payment account information, you grant CA the right to store and process your information with the third party payment service, which may change from time to time. You agree that CA will not be responsible for any failures of the third party to adequately protect such information. You acknowledge that we may charge (or use a third party payment service to charge) your credit card for any applicable fees associated with your Member Account or other amounts owing to CA in connection with your use or misuse of the Services.

    • Payment of Fees. You are responsible for the timely payment of any fees and for providing CA with a valid payment method for payment of all fees through one of the methods that we list on our Website from time to time.

    • Refunds. Other than when expressly set forth on our Services as updated from time to time, or to correct any errors made by CA, CA has no obligation to provide refunds or credits, but may grant them in certain circumstances in CA’s sole discretion.

  • Limited License. CA grants you a limited license to access and use this Website, the Services and all materials in connection herewith, subject to these Terms of Use.
    Specifically, you may view, copy, print, and share material from our Website and our Services subject to the following conditions:

    • Your use of the Services and materials made available through this Website is for internal, non-commercial, informational purposes only.

    • You will not copy, distribute, modify, transmit, reuse, repost, or otherwise display material from this Website for commercial or public purposes without the express written permission of CA for such use.

    • You will prominently display CA’s copyright notice (© 2019 Construction Accelerator LLC, all rights reserved) and our Website address in connection with your use of the Services and materials.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Website in breach of these Terms of Use, your right to use this Website and the Services will immediately stop and you must, at our option, return or destroy all copies of the materials you have made. No right, title, or interest in or to the Website, the Services, or any content contained therein is transferred to you, and all rights not expressly granted are reserved by CA. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  • Disclaimer of Warranties. The website, services, and any materials made available through or in connection with the website are provided to you “as is” without any warranties of any kind, whether express, implied, or statutory. You agree that you must bear all risk associated with the use of the website. Neither we nor any third party partners provide any warranty or guaranty as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent possible by law. Neither CA nor any of its third party partners represent, warrant, or covenant that the website will be secure, uninterrupted, or error free. CA further makes no warranty that the website will be free of viruses, worms or Trojan horses or that it will function or operate in conjunction with any other product or software. You expressly agree that use of the website is at your sole risk and that CA, its affiliates, and their third party partners shall not be responsible for any termination, interruption of services, delays, errors, failures of performance, defects, line failures, or omissions associated with the website or your use thereof. Your sole remedy against CA for dissatisfaction with the website or the content is to cease your use of the website and/or the content.

  • Limitation of Liability. CA and our affiliate entities shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, negligence, strict liability or other theory, including without limitation, damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of the website or services, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. In particular, and without limitation, CA and our related entities will not be liable for damages of any kind resulting from your access to or use of, or inability to access or use, the website or services, or from any content posted on the website or in connection with the services by CA or any third party. Your sole and exclusive remedy for dissatisfaction with the website or services is to stop using the site or services.  The maximum liability of CA for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be the total amount, if any, paid by you to CA to access and use the site or services.

  • Indemnification. By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless Construction Accelerator LLC, each of its affiliates and each of their respective officers, directors, employees, agents, partners and representatives from any direct, indirect, incidental, special, consequential, punitive or exemplary damages arising or resulting from (i) your use or misuse of the CA Website or Services or (ii) any breach or alleged breach of these Terms of Use by you.

  • Termination. This Agreement is effective until terminated by you or CA. CA may terminate your access to or use of the Website and the Services, at any time and for any reason. Upon any such termination, CA may immediately discontinue your access to your Member Account, the Website, and the Services. CA may immediately remove your Login Credentials, without prior notice, and deactivate your Member Account. You agree that CA shall not be liable to you or any third party for any termination of your access to the Website or the Services, or to any such information or materials, and shall not be required to make any of the Services, information or materials available to you post registration.

 
You may deactivate your Member Account at any time by emailing privacy@leanconstruction.org.

  • Governing Law and Arbitration. This Agreement is governed by the laws of the State of Virginia, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. At its sole discretion, CA may require you to submit any disputes arising from use of the Website, or breach of these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law. By using the Website, you hereby consent to submission of any dispute to final and binding arbitration.

  • Waiver and Severability. You agree that if CA does not exercise or enforce any legal right or remedy which is contained in these Terms of Use, this will not be taken to be a formal waiver of CA’s rights and that those rights or remedies will still be available to CA.

 
All covenants, agreements, representations and warranties made in these Terms of Use shall survive your acceptance of these Terms of Use and the termination of these Terms of Use. If any part of these Terms of Use are determined to be invalid or unenforceable, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

 

These Terms of Use represent the entire understanding and agreement between you and CA regarding the subject matter of the same, and supersede all other previous agreements.