Canvas Terms of Use

Last updated: Feb. 10, 2023

1. Introduction

Welcome to the website of Canvas Construction Inc., Canvas.Build (“Canvas”). Your use of this website, including the information and services provided through it (collectively, the “Site”), is subject to these Terms of Use (“Terms”), which we may update from time to time. Please read these Terms carefully before using the Site. By accessing the Site in any way, including, without limitation, browsing the Site, using a link provided via SMS text message, using information obtained from the Site, and/or submitting information to the Site, you agree to these Terms, including, but not limited to, conducting transactions electronically (see section 5), disclaimers of warranties (see section 8), and damage and remedy exclusions and limitations (see section 9), and governing law and disputes (see section 11).

From time to time, we may update these Terms by posting the updated version to the Site and updating the “Last updated” date at the top of the page containing the updated text. If we make a material change to these Terms, we will notify you as required by law. Your use of the Site following any such change constitutes your agreement to follow and be bound by the updated Terms. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. If you do not agree with the terms, you must not use the Site.

By accessing the Site, you acknowledge and agree that any materials, ideas, or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. Should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.

2. Your Use of the Site

You represent and warrant that:

• You are at least 18 years of age.
• You will use the Site in accordance with these Terms.
• You will not use the Site in any way or for any purpose that is unlawful, fraudulent, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Canvas.
• You will not reproduce or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
• You will not reproduce or distribute any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
• You will not use the Site for any unauthorized purpose, including but not limited to any commercial purpose not expressly approved by Canvas in writing.
• You will not transmit through the Site any unauthorized communication, including but not limited to bulk or “junk” emails, chain letters, spam, or any advertising or promotional materials or any other form of solicitation; or interfere with, disrupt, or create undue burden on the Site or the networks or services connected to the Site by means including, but not limited to, hacking into the Site or using the Site to send unsolicited emails or other communications.
• You will not crawl, scrape, or use other automated means like “spiders” and “robots” to access or collect data from the Site.
• You will not share, sell, or otherwise disclose your password to others, and you will not share your access to the Site with others.
• You will not, and will not attempt to, circumvent any of the Site’s security measures, reverse engineer any portion of the Site, obtain the Site source code, or create back doors or any form of unauthorized access to the Site.
• You will not upload, post, email, or otherwise transmit any material that contains viruses, corrupted files, Trojan horses, worms, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of the Site or feature of the Site.
• You will not use the materials on this Site in any way that suggests that you are associated with Canvas or its licensors.

3. Intellectual Property Rights

Content on the Site that is provided by Canvas or its licensors, including certain graphics, photographs, artwork, merchandise, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Canvas Content”) is the property of Canvas and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

Unless otherwise specified on the Site, you agree not to download, display, or use any Canvas Content located on the Site in any brochures, marketing materials, publications, in public performances, on websites other than the Site, or in any other medium for any commercial purpose. You also agree not to download, display, or use any Canvas Content located on the Site in connection with products or services that are not those of Canvas in any other manner likely to cause confusion among consumers, disparage or discredit Canvas and/or its licensors, dilute the strength of Canvas’s or its licensors’ property, or otherwise infringe Canvas’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Canvas Content or third-party content that appears on the Site.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please email us at privacy@canvas.build.

4. Access

Canvas may, in its sole discretion, and at any time, discontinue the Site or any part thereof, with or without notice, or may prevent your use of the Site with or without notice to you. You agree that you do not have any rights in the Site and that Canvas will have no liability to you if the Site is discontinued or your ability to access the Site or any content you may have received from the Site is terminated. Canvas assumes no liability for any information removed from the Site and reserves the right to permanently restrict access to the Site.

5. Consent to Electronic Communications and Transactions

You consent to receiving electronic communications from us. These communications may include information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You also consent to the fact that any transaction or agreement undertaken on or through the Site, including your agreement to these Terms, is an electronic transaction or agreement.

6. Indemnification

You agree to indemnify and hold Canvas, its parents, subsidiaries, affiliates, contractors, and agents, and each of their officers, directors, employees, and agents harmless from any claims, damages, and expenses, including reasonable attorneys’ fees and costs, related to your use of the Site or violation of these Terms or any use of the Site or Canvas content.

7. Reliability and Accuracy

Canvas makes no warranties or representations about the reliability of the features of the Site, the Canvas Content, or any other feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Canvas also makes no representations regarding the amount of time that any Canvas Content will be preserved.

Despite our efforts, the information on the Site, including system information, may be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or correctness of any information on the Site, and we are not responsible for your reliance on or use of such information. Information on the Site is for convenience only. If any information on the Site is incorrect, incomplete, or out of date, Canvas is not bound by such information. Canvas may have more accurate information than what is displayed on the Site, and information displayed on the Site is not a waiver of Canvas’s right to use more accurate information for product warranty purposes or other purposes.

In addition, we may make changes to information about products without notice. The product information on the website may differ from the product you may purchase.

8. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN. WE DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SITE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM THE SITE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

9. Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, CANVAS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, NOR SHALL CANVAS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CANVAS’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SITE RECORDS, PROGRAMS, OR SERVICES. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, CANVAS OR ITS AFFILIATES OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGE DUE TO A NEGLIGENT ACT, THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE, EVEN IF CANVAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF CANVAS AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS TWENTY-FIVE DOLLARS ($25).

10. Third Party Websites

The Site may hyperlink to sites not maintained or operated by or related to Canvas. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with the Site or Canvas, and Canvas makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. We have not reviewed the material, including goods and services, made available through third-party sites. Information you submit at a third-party site accessible from the Site is subject to the terms of that site’s privacy policy, and Canvas has no control over how your information is collected, used, or otherwise handled. These Terms do not apply to your use of third-party sites, so you should review the third-party site’s terms, policies, and other documents.

11. Governing Law; Disputes

These Terms, and any claims, suits, proceedings, and other actions of any kind arising out of, relating to, or concerning these Terms and the discussions contemplated hereby (“Claims”), shall be interpreted and construed under the substantive laws of the State of California without reference to its conflict of laws principles, except to the extent governed by the United States Trademark Act of 1946 or other superseding federal law. For all Claims, each party hereto irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the federal and state courts located in San Francisco County, California, for any Claims (and each party agrees not to commence any Claim relating thereto except in such courts). Each party hereto hereby irrevocably and unconditionally waives any objection to the laying of the venue of any Claim, in the federal and state courts located in San Francisco County, California, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such Claim brought in any such court has been brought in an inconvenient forum.

Disputes Between the Parties. To the extent permitted by applicable law, any Claim must be brought within two (2) years of the date such Claim first accrued. ALL CLAIMS MUST BE BROUGHT IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AND CANVAS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND TO THE EXTENT PERMITTED BY APPLICABLE LAW.

12. Injunctive Relief

You acknowledge that irreparable injury may result to Canvas and its business upon the unauthorized use of its trademarks and/or unauthorized disclosure of Canvas’s confidential and/or proprietary information and that money damages may not be a sufficient remedy for any such harm. You therefore agree that upon any act or threatened act of trademark infringement or unauthorized disclosure of information which Canvas believes is confidential and/or proprietary, Canvas shall be entitled, in addition to such other remedies now or hereafter available at law, in equity, by statute or otherwise, to seek damages and relief as may be available under applicable law, including obtaining a temporary restraining order and/or a permanent injunction prohibiting you from engaging in any such act or specifically enforcing these Terms, as the case may be, without proof of damages or posting a bond.

13. Limited Distribution and Territorial Considerations

This Site is controlled and operated by Canvas from its offices within the State of California, United States. Canvas makes no representation that materials on this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to this site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by Canvas and its affiliates.

14. Miscellaneous

Section titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Force Majeure. The failure of Canvas to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Canvas, shall not be deemed a breach of these Terms.

Non-waiver. If Canvas fails to act with respect to your breach or anyone else’s breach on any occasion, Canvas is not waiving its right to act with respect to future or similar breaches.

Remedies. All remedies under these Terms shall be cumulative and not exclusive.

Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

No partnership. Both you and Canvas acknowledge and agree that no partnership is formed and neither you nor Canvas has the power or the authority to obligate or bind the other.

Assignment. You may not assign your rights under these Terms to any third party. We may assign our rights under this Terms without condition.

Entire agreement. These Terms constitute the entire agreement between you and Canvas regarding the Site and your use of the Site. Although the Site may allow you to receive data regarding products or services received or to be received under other agreements with Canvas or third parties (“Other Agreements”), or to communicate with Canvas about the subject of such Other Agreements, the scope and content of those Other Agreements are not amended by these Terms; the scope or content of these Terms is not amended by the Other Agreements; these Terms do not apply to matters within the scope of the Other Agreements; and vice versa. The Site and your use of the Site are governed by these Terms. Termination of these Terms does not terminate the Other Agreements. Termination of the Other Agreements does not terminate these Terms, although it may terminate the availability of certain data that we otherwise may make available through the Site.