Terms & Conditions
Azure Printed Homes Terms and Conditions for Backyard Studios: Updated 12/7/2022
Notice Regarding Dispute Resolution: These Terms and Conditions contain provisions that govern how claims you and we may have against each other are resolved including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Dispute Resolution provision contained in Section 24 of this Agreement. Unless you opt-out of arbitration: (A) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. ACCURATE INFORMATION
You certify that the name, address, and all other personal and non-personal information that you give us while and after using the Website or Services is true, accurate, current, and complete. If you provide false, inaccurate, stale, or incomplete information, or if Azure suspects that you did so, Azure may refuse or limit your access to, or use of, the Website or Services without prior notice to you.
This Website presents information regarding our products, services, and special offers we offer to our Clients. However, such information is for informational purposes only and does not mean that you will be eligible to purchase any products or services from us or qualify for any special offers. Our decisions to provide products and services to you and to permit you to participate in any special offers are subject to, among other things, demonstration to our satisfaction that you meet applicable legal requirements, consent of relevant third parties, execution of definitive documentation, and our discretion. We make no representation or warranty that the potential products, services or special offers will remain available, or that if they are available that you will receive products or services from us or be allowed to participate in any special offers. The prices offered for products and services and the terms for any special offers on the Website may vary from other advertised prices due to varying conditions in separate geographic markets. We make no representations or warranty that any prices or terms will remain unchanged or will remain available. If you are offered the opportunity to purchase products or services from us or participate in any special offers, you may be required to sign additional documentation. You agree to use your best efforts to cooperate and furnish timely, complete and accurate information to Azure as requested from time to time to facilitate your receipt of the products or services or your participation in the special offers, and Azure reserves the right, in its discretion, to bar, terminate, exclude or withdraw your ability to receive any products or services or participate in any special offers at any time for any reason. Azure management decisions are final in all matters relating to the Website, Services and other activities related to the Website.
3. ELECTRONIC CONTENT
Azure provides the content of the Website for informational purposes only. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information or content on the Website before making any decisions based on such data, information or content. In exchange for using such data, information or content, you agree not to hold Azure or its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Website. Azure may offer content from third-party providers on the Website. This content includes, but is not limited to, quotes, news, and research reports (the “Materials”). Azure does not endorse or approve the Materials, and we make it available to you only as a service and convenience. Azure and our third-party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Materials or warrant any results from your use or reliance on the Materials. Neither Azure nor the third-party providers are obligated to update any information or opinions contained in any of the Materials. Azure may discontinue offering any Materials on the Website at any time without notice. You agree that neither Azure nor the third-party providers will be liable to you in any way for the termination, interruption, delay or inaccuracy of any of the Materials on the Website. You will not redistribute or facilitate the redistribution of any Materials, nor will you provide access to the Materials to anyone who is not authorized by Azure to receive the Materials.
Unless specifically agreed to in writing in advance by Azure, all Product pricing shall be Azure list prices in effect at the time Client’s Order is received (the “Price”). Additional fees may apply, including charges for taxes, permits, engineering fees, delivery and site preparation. Changes to Client’s Order may result in Price changes including, but not limited to, changes as a result of permitting and engineering specifications required by local building or other codes. Changes made 48 hours or more after Order placement are subject to a minimum $250 change order fee (per change) plus any design or material costs incurred by Azure related to the changes. To the extent changes to an Order require a change to the estimated/scheduled Ship Date, Client may also incur the loss or exclusion of any promotional discounts extended by Azure as part of the Price including, but not limited to any promotional offers. Changes to the estimated Ship Date may result in additional weekly storage fees of $500.00 per week. Azure may alter materials or services offered if any materials, fixtures, or other products used in fabrication or installation are discontinued or are otherwise unavailable for any reason. Azure will notify the Client promptly if such alterations are necessary. Client shall be responsible for costs associated with any product or design changes required as a result of building department plan review or other Authorities Having Jurisdiction (“AHJ”) requirements. Required variations from our base building plans may increase building price. For delivery addresses located in High Wind Zones, High Snow Load Zones or other jurisdictions with known special building requirements, mandated items must be added to your order, thus increasing the unit price. Prices are subject to change at any time without notice. In the case of an online glitch or error which creates an inaccurate quoted price or transaction, Azure reserves the right to cancel that quoted price or transaction. Prices quoted are valid through the expiration date of the promotion, but in no case shall be valid longer than seven days. Once an order has been placed, pricing is guaranteed for up to 6 months. If the installation is not completed within 6 months for any reason, Azure has the right to modify the order pricing. You will be notified regarding any price adjustment prior to installation or incurring any additional charges.
5. PAYMENT, CANCELLATIONS, SHIPPING AND DELIVERY, FORMS OF PAYMENT
(A) Payment. The Client (“Client”) agrees to pay Azure in accordance with the following (“Payment Terms”):
Unless otherwise agreed to in writing with Azure, the following payment schedule is required to ship the Order:
i. Initial 10% due when Configuration is complete.
ii. Next 30% due within 60 days of manufacturing date.
iii. Next 30% due upon scheduling of confirmation date for production
iv. Balance due 14 calendar days prior to the Scheduled Ship Date
* Client’s Order will NOT ship until Azure receives full payment
Failure to comply with the Payment Terms may result in the loss or exclusion of any promotional discounts extended by Azure as part of the Price (see below), including but not limited to any promotional offers. Failure to pay per the Payment Terms may also result in the delay of the shipment. Interest shall accrue on any past due sums at the greater of 18% A.P.R. or the highest interest rate allowed by applicable law. Azure is not responsible for any impacts related to such delay and reserves all applicable lien rights. Order pricing is subject to change if Product is not shipped within three (3) months of Order date.
(B) Cancellations. Cancellations of the reservation fee may be made in writing any time. Cancellations of the Order can be made within 48 hours of time an Order is received by Azure. Any cancellation made 48 hours or more from the time the Order is received by Azure shall be subject to a minimum $250.00 cancellation fee plus any costs incurred by Azure related to the Order, including any design costs. Any approved refunds shall be processed within thirty (30) days from the date Azure receives, in writing, the Order cancellation request.
(C) Forms of Payment. Work shall not begin on any Order until funds have cleared. Azure accepts major forms of payment including wire transfers, cash, debit cards and credit cards. We impose a surcharge of 3.0% on the transaction amount on credit and debit cards. Credit cards are not accepted for purchases in CT, MA, and ME.
(D) Shipping & Delivery. Client shall arrange for shipping and delivery by licensed and insured freight companies. On-site installation of Azure buildings is not included in building base price. Offloading of the Unit is the responsibility of the Client. Azure is not responsible for freight companies not being able to deliver due to road or site conditions related to the Client’s address. Generally, freight companies will deliver to the nearest public access point, and will not travel on private roads or property, unless otherwise agreed to in advance.
(i) Damage to Product during shipping or receiving is Client’s responsibility
(ii) If delivery company causes any damage to Client’s personal or real property during delivery, Client shall contact that company directly to file a claim. Azure is not related to third party freight companies and is not liable for such damage.
(iii) Storage shall be fulfilled using the following terms:
1. For all Orders, storage is not included.
2. For storage durations of 1-30 days, Client shall be charged $70 or more per calendar day (including weekends and holidays) depending on the size of the Order.
3. All Product must be received within 30 calendar days from the shipment date. Arrangements must be made for storage on site, regardless of whether the site or installer are ready. If Product is not received by Client within this time frame, or is refused by Client, Client shall be charged $300 per calendar day thereafter. Clients shall be charged the return freight cost and a 30% restocking fee if this occurs.
6. PERMITS AND OTHER APPROVALS
Client is responsible for neighborhood covenants, building permits and site preparation. In most areas, installation of Manufactured home or ADU without a permit are not allowed. Please determine your local building rules and regulations concerning installation before considering a purchase. Azure will not accept any liability related to any decision to build a structure without a permit when a permit is required. Further, Azure cannot guarantee support related to additional engineering, demolition, fines/fees, or any other impacts if a local, regional, state, or other AHJ requires or requests any details or plans related to a building being constructed without a permit. This is regardless of the Azure product being purchased with the engineered plans, and regardless of being built per the plans. Client may be required to pay additional fees and/or a design retainer if a Client’s Order requires custom or enhanced design. These additional design costs shall be quoted individually and added to the Order and must be paid prior to any such work commencing.
Client can install the Product by themselves or hire a third-party licensed contractor directly. Client is solely responsible for all foundation work, utilities, other site work, and installation of the Product. Azure accepts no responsibility or liability related to installation. Client is solely responsible for complying with all applicable building and safety codes while installing the Product. Client shall contact Azure prior to installation to receive installation instructions.
Client shall also be responsible for minor repairs on site, if necessary. Minor repairs can include, but are not limited to, replacing fixed glass, door adjustment or repair, paint touch-up, etc.
(i) Client represents and warrants that Client’s Premises is free and clear of debris and vermin, and that any pre-existing physical or
environmental hazards or building/zoning code violations are remediated prior to installation.
(ii) Client represents and warrants that the site-prepared foundation is both square and level, with variations no greater than one quarter of one inch (1/4′′) per every 10 feet. If the slab is not square or is out of level by more than 1/4′′. Client is responsible for any design, engineering, labor, or material costs associated with connections to existing foundations. Client is also responsible for ensuring that any concrete flatwork, pavers, landscaping material, or dirt outside of the existing foundation is at least two inches (2”) below top of foundation.
(iii) Installation on existing concrete slab or wood-framed floor system is not recommended. Azure is not responsible for defects in existing foundations, or for verifying the existing foundation is suitable to support the weight of the Product. Client is responsible for any design, engineering, labor, or material costs associated with connections to existing foundations.
(iv) Client represents and warrants that any security system at the Premises will not interfere with performance of the installation.
(v) Client shall facilitate the location of utility lines and identifying property lines, and shall ensure there are no power lines, cable lines, trees, or other obstructions.
(vi) Client agrees not to impede the delivery of the Product including, but not limited to, moving cars, objects or any other personal property that may be an obstruction.
(vii) Client understands that there will be a need for a temporary power to the Premises for installation.
(viii) Client agrees not to allow unauthorized observers at the Premises during installation.
(ix) Client agrees to control and keep pets away from the Premises. Azure is not responsible for injuries or property damage associated with pets interacting with the Product.
(x) Client agrees that the Premises has clearance of at least five (5) feet from foundation on each side. Client may incur additional costs if there are any obstructions or debris within five (5) feet of the foundation. Client or its contractor need to determine the required clearance from the roof location, to allow lifting of the Product to site by crane.
(xi) Client agrees to obtain any permits required by local, state, or federal codes or regulations at its sole cost and expense and shall keep any permits on display at all times. Azure shall have no obligation to confirm that Client has an appropriate permit. Client shall bear any costs associated with suspension of work including, but not limited to, de-mobilization and re-mobilization of tools, equipment, or labor, or moving the Product.
(xii) Any condition of the Premises that is not in the condition represented or promised by Client, or any other condition that is not as
represented, agreed to or promised by Client above, shall be deemed an “Unfit Condition” (as further defined in Section 4(a) below).
(xiii) Client is responsible for obtaining any necessary HOA approvals, and is fully liable for any property constraints (such as easements, setbacks, building separation, etc.) that may impact the Product location.
(xiv) Client shall be responsible for any cost impacts related to “authority having jurisdiction” (AHJ) inspections.
(D) Unfit Conditions. Client warrants that there is a structurally sound existing sub-structures, sub-grade (soils conditions), or other site conditions. If any condition is not as represented or promised by Client as set forth above, or if there are any defective existing conditions, weaknesses, or other dangerous conditions including, but not limited to, being out of level, being out of square, mold, mildew, rot, asbestos or infestation (collectively, “Unfit Conditions”).
CLIENT AGREES TO PROVIDE AZURE WITH THE EXACT LOCATION REQUIREMENTS AND ORIENTATION FOR PURCHASED PRODUCTS PRIOR TO INSTALLATION.
Azure is NOT liable for issues caused by local/jobsite conditions such as termite infestations, mold growth, tree debris or ice buildup on the roof, improper site drainage, improper foundation placement, corrosive ocean air, or other exposure to natural elements.
*Note: Azure designs and products are based on residential codes and requirements. If a project is intended to be for commercial use or access, additional costs and design services may apply in order to comply with commercial accessibility or code requirements. Standard Azure pricing does not include such additional costs and shall be quoted separately by Azure.
8. DELIVERY AND FORCE MAJEURE
Any completion dates provided by Azure are estimates only, and Azure does not guarantee that the Product will be shipped, delivered, or installed in accordance with such estimates. Without limiting the generality of the foregoing, Azure may delay delivery of the Product without any liability as a result of any delay caused by events outside Azure’s reasonable control including, but not limited to, work stoppages, labor difficulties, Azure’s inability to obtain necessary materials, components, labor, or manufacturing facilities, or anything else that would in any way impair Azure’s ability to deliver the Product in the quantities ordered at the prices quoted. Azure shall not be responsible for non-performance or delay as a result of acts of God, war, strikes, riots, pandemic or other public health crisis, weather, vendor back-orders or delays, or any other unforeseen condition or event beyond its control.
9. SHIPMENT AND TITLE
Client is deemed to have received the Product when Client picks up the Product from Azure’s warehouse. Azure shall bear all risk of loss and casualty to the Product until such time as the Product has been received or deemed to have been received by Client. Client shall bear all risk of loss and casualty to the Product after the Product has been received or deemed to have been received by Client. If the Product is delivered to Client’s delivery address, Client is solely responsible for, and will insure against, loss or casualty incurred during and after the unloading process at such location. Client is solely responsible to inspect the Product upon receipt for any visible damage incurred during shipping before signing off with the delivery service. If upon inspecting the shipment Client notices visible damage, Client shall notify Azure immediately. Adhering to freight law, Azure prohibits the rejection of any and all pieces, damaged or undamaged. In the event of concealed damage, Client shall notify Azure immediately when such damage is observed. Upon signing the delivery documents, Client is solely responsible for the Product and any and all costs associated with the Product, with the exception of concealed damage. Azure strongly recommends discussing insurance recommendations with your insurance agent prior to receipt of product.
After shipment, Product may not be returned to Azure.
11. ITEM AVAILABILITY
Availability of certain standard features and upgrades may vary by model and market.
Actual exterior and interior colors shown on this website is best approximations. For more accurate paint colors, consult your sales
representative and ask for sample color to be mailed to you.
13. LIMITED WARRANTY
(a) Backyard studio is free from any substantial defects in materials or workmanship.
(b) Azure and contractor or dealer shall take appropriate corrective action at the site of the backyard studio in instances of substantial defects in materials or workmanship which become evident within one year from the date of delivery of the backyard studio to the buyer, provided the buyer or his or her transferee gives written notice of those defects to Azure at our business address not later than one year after date of delivery.
(c) Azure shall be liable to the buyer for the fulfillment of the terms of warranty, and that the buyer may notify Azure of the need for
appropriate corrective action in instances of substantial defects in materials or workmanship.
(d) That the address and the phone number of where to mail or deliver written notices of defects shall be set forth in the document. Address:
5701 Buckingham Parkway, Suite E, Culver City, CA 90230. Phone 310-525-0864.
(e) That the one-year warranty period applies to the electrical, heating, cooling, and structural systems of the backyard studio.
(f) That, if corrective action taken by Azure or contractor or dealer fails to eliminate a substantial defect, then the material, system, or
component shall be replaced in kind. As used in this subdivision, "replaced in kind" means (1) replacement with the identical material, system, or component, and, if not available (2) replacement with a comparable or better material, system, or component.
Azure shall complete warranty service to correct all substantial defects within 90 days of receiving the buyer's written notice specified in subdivision 13 (b) above, unless there are circumstances which are beyond the control of the contractor, dealer, or manufacturer. The original serial tag must be attached and visible for warranty to be valid. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. AZURE SHALL HAVE NO LIABILITY FOR PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES TO CONTENTS OF YOUR AZURE BUILDING AND LOST PROFITS. THE TOTAL LIABILITY OF AZURE UNDER THIS WARRANTY, INCLUDING LABOR, IS LIMITED TO THE ORIGINAL PURCHASE PRICE OF YOUR AZURE BUILDING. Azure does not assume and does not authorize any other person to assume for it any other liability in connection with the sale of this Azure product. This warranty shall not apply to any Azure
product or any part thereof which has been damaged by fire, flood, water, earthquake, earth movement, hail, wind, insects, animals,
vegetation, damage from sprinklers, adverse weather conditions, vandalism, theft, act of God, accident or other event, or a casualty which is customarily covered by homeowners’ insurance. The warranty does not cover damage caused by abuse, misuse, alteration, movement of the unit by anyone not authorized by Azure, neglect, normal wear and tear, or improper maintenance. Azure is not responsible for damage caused by the location of the Product on or over inappropriate soils or terrain, where manufacturer warranties are excluded or do not apply, or by the use of improper replacement parts. Azure is not liable and expressly disclaims all liability for damages due to misuse, using the Product for other than what’s specified in the Purchase Order or what’s allowed by applicable codes, neglect, improper maintenance or adjustments, and normal wear and tear of the Product. Azure also is not liable for damages related to use of an un-permitted unit when a permit is required. Azure reserves the right to change and/or improve the design and/or specifications of the Product without notice or obligation to modify previously produced units. No installation or other instructions, advice, Product information, or marketing materials, whether oral or written, obtained by Client at any time from Azure or any vendor or retailer of Azure Product shall create any Azure express warranty not expressly
stated in this Section. Azure makes no warranties whatsoever with respect to accessories or parts incorporated into your product where the supplier or manufacturer of those materials has warranties on such materials which exceed the warranty set forth above. Azure assumes no liability there under and the Buyer must assert any claim under such warranties against such supplier or manufacturer. The terms “Original Purchaser” and “Buyer”, as used in this warranty, shall mean that person for whom the Azure product is originally assembled and installed. The warranty does not extend to subsequent owners of the building. This warranty shall apply only within the boundaries of the Continental United States. Any claim notice must be in writing via online form, setting forth specifically the basis for the claim, and must include photographs of the defect(s). Failure to satisfy the requirements above shall constitute irrevocable acceptance of the Product. All warranty claim notices must be filled out via online form here. This warranty provides the Client specific legal rights. Failure to follow the Construction Manual (also known as Installation Guide) or any related instructions or drawings, or any abuse or misuse of the Product including unauthorized alterations, shall immediately void this Limited Warranty. The Buyer acknowledges that no other representations or warranties were made to or relied upon by him or her with respect to the quality or function of the goods herein sold. Azure must be provided a reasonable opportunity to inspect the alleged defect and an opportunity to cure. Azure is not responsible for corrosion on any metal components (e.g. metal trim, door hardware, etc.) if Product is installed closer than 1,100 yards (5/8 mile) to any body of salt water. If Client chooses DIY installation, Client shall contact Azure prior to installation to receive installation instructions. If Client or third-party contractor hired by the Client directly, fails to follow installation instructions, Client releases Azure from any liability related to installation errors, and warranty is voided. Some states do not allow limitations on how long an implied warranty lasts, and/or do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, that vary from state to state.
AZURE MAKES NO EXPRESS WARRANTIES EXCEPT AS STATED IN THIS SECTION. ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL TERMINATE THREE
HUNDRED SIXTY-FIVE (365) DAYS FROM CLIENT’S RECEIPT OF THE PRODUCT. (SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CLIENT.)
Azure is a private company that operates in a highly competitive industry. Accordingly, Azure takes great precautions to protect its proprietary information and confidential documents concerning its business operations, financial information and prospective operations and in this regard maintains an unbending corporate policy to protect its confidential information from being disseminated. Therefore, any and all information provided by Azure, excluding any information generally made available on the Websites, is strictly confidential, solely for the purpose of evaluating a potential transaction with Azure. With the sole exceptions of your officers, directors, financial advisors, accountants or legal counsel as absolutely necessary to evaluate the possible transaction contemplated herein, the confidential information shall not be disclosed to any third party without Azure’s written consent. By accepting receipt of this information, you acknowledge that the information provided to you shall be held in the strictest confidence, shall not be copied or disseminated in any manner except to the individuals mentioned above and shall be only used for the purpose for which it is intended.
15. ACCEPTABLE USE
Your use of the Website and Services is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):
You shall not upload to, transmit through, or display via the Website or Services any content that: is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; contains confidential, proprietary, or trade secret information of any third party; violates the rights of others, including without limitation any privacy rights or rights of publicity; impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information; violates any applicable laws or regulations; makes any statement, express or implied, that you are endorsed by Azure; harms minors in any way, including, but not limited to, by depicting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; contains any unsolicited promotions, political campaigning, advertising or solicitations; or in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website or Services or which may expose Azure, any of its officers, directors, or employees, or other users to any harm or liability of any type. You shall not use the Website or any Services to engage in any of the following activities: accessing, using, or uploading content to, or attempting to access, use, or upload content to another user’s account without permission; or transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature. Additionally, you shall not: try to obtain unauthorized access to any account associated with the Website or Services; use the Website or any Service in a manner inconsistent with these Terms or applicable law; modify or interfere with the Website, any Service, or other software or Azure content – including location, access, and other security features – for any reason, or permit or help anyone else to do so; or interfere with or alter the Website, any Service, or other software or Azure content.
16. OWNERSHIP OF WEBSITE AND CONTENT
All right, title and interest in the Website and Services including, but not limited to all of the software and code that comprise and operate the Website and Services and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URLs, advertising copy and other materials provided through the Website and Services (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. The Website and Services are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of the Website and Services is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of this Website. We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of the Website and Services to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure
any copyright, trademark, or other proprietary notices from the Content you download. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of any Website and Services or Content, or in any way reproduce or circumvent the navigational structure or presentation of any Website and Services or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Website and Services. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Website and Services except as expressly provided in these Terms. Nothing in these Terms shall be construed as transferring any right, title or interest in the Website and Services or their Content to you or anyone else, except the limited license to use the Website and Services and their Content on the terms expressly set forth herein. Notwithstanding the foregoing, and specifically with regard to trademarks, Azure names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Website and Services unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Azure and/or its affiliates (the “Azure Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Website and Services are the property of their respective owners. You are not authorized to display or use Azure Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Website and Services without the prior written permission of such owners. The use or misuse of Azure Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
17. WEBSITE MONITORING
You acknowledge and agree that Azure has the right to monitor the Website electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, to operate the Website, or to protect itself or its clients.
You may be required open an account with Azure before using certain Services. By opening any account associated with the Website or Services, you are certifying to us that: (A) you are at least 18 years of age, (B) you are legally able to enter into contracts, and (C) you are not a person barred from receiving or using Services under federal, state, local, or other laws. You acknowledge and agree that Azure may close, suspend, investigate, monitor, or limit your access to your account or any other account
associated with the Website or Services, without prior notice to you. You acknowledge, understand, and agree that you do not have an expectation of privacy in activities related to the Website or any Services.
19. PASSWORD PROTECTED AREAS OF OUR WEBSITE
For your protection, certain areas of the Website and access to certain Services may be password protected. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing the Website and Services using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing the Website and Services using a password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it using the functionality provided on the Website or Services.
20. AGREEMENT TO FOLLOW APPLICABLE LAWS
You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Website or any Services or Azure Content as permitted and in accordance with these Terms. You will be responsible for any cost, expense, fee, liability of any kind, and attorney’s fees that Azure incurs if you break the law, misuse the services or information Azure provides, or breach these Terms. And if you break the law, misuse the services or information Azure provides, or breach these Terms, you acknowledge and agree that you will reimburse, indemnify, and hold harmless Azure, its subsidiaries, its affiliated companies, and the employees, directors, officers, and agents of all aforementioned companies, from any money damages, costs, expenses, losses, liabilities, and attorney’s fees resulting from any claim, threat, demand, suit, or investigation brought by another person, entity, or government. Without waiving any of these rights, Azure may at its sole discretion defend itself against any such claim, threat, demand, suit, or investigation without your consent. All of your obligations in this paragraph survive and continue after any termination of these Terms.
21. ADDITIONAL PRIVACY TERMS
22. SMS TEXT TERMS AND CONDITIONS
23. DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Azure with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail 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 right that is allegedly infringed.
DMCA claims may be sent to the following address:
Attn: General Counsel
Azure Printed Homes, Inc.
5701 Buckingham Parkway, Suite E
Culver City, CA 90230
Or, please email us at firstname.lastname@example.org
24. DISPUTE RESOLUTION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING THE WEBSITE OR THE SERVICES, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST AZURE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE WEBSITE OR SERVICES, OR YOUR DEALINGS WITH AZURE SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF JAMS ALTERNATIVE DISPUTE RESOLUTION (“JAMS”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY
ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND AZURE AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE JAMS RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE. THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS
ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE WEBSITE OR SERVICES, OR YOUR DEALINGS WITH AZURE MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY. YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR
CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURT LOCATED IN LOS ANGELES, CALIFORNIA, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE WEBSITES OR SERVICES AND YOUR RELATIONSHIP WITH AZURE. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (“FAA”), AND
NOT BY STATE LAW. INFORMATION ON JAMS AND HOW TO START ARBITRATION CAN BE FOUND AT HTTPS://JAMSADR.COM.
IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST USE THE WEBSITE OR SERVICE OR SUBMIT THROUGH THE WEBSITE OR SERVICE A REQUEST FOR INFORMATION, YOU MUST SEND US A LETTER STATING, “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:
Attn: General Counsel
Azure Printed Homes, Inc.
5701 Buckingham Parkway, Suite E
Culver City, CA 90230
Or, please email us at email@example.com
In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts in Los Angeles, California and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. These Terms will be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws.
25. DISCLAIMER OF WARRANTIES WITH RESPECT TO THIS WEBSITE
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT. THIS WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF OUR WEBSITES; (D) THAT THE CONTENT OF OUR WEBSITES IS ACCURATE, COMPLETE. CURRENT OR RELIABLE; AND (E) THAT OUR WEBSITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. AZURE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED AZURE SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER CONTRIBUTIONS AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF AZURE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
26. LIMITATION ON LIABILITY WITH RESPECT TO THIS WEBSITE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE AND SERVICES WILL BE THE AMOUNT OF $500. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING,
WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”. IF YOU ARE ACCESSING THE SERVICE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE AZURE AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WEBSITE OR SERVICES; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST AZURE FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF AZURE AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
You agree to defend, indemnify and hold harmless Azure, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or Services other than as expressly authorized in these Terms or your use of any information obtained from the Website and Services.
29. WARNING PURSUANT TO CALIFORNIA PROP 65.
This product can expose you to ethylene glycol and acetaldehyde which are known to the State of California to cause cancer, birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
30. OTHER TERMS
Azure’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision 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 shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
31. NO WAIVER
No waiver of any provision of these terms and conditions or delay by either party in enforcement of any right hereunder shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.
In the event any provision herein should be held unenforceable by a court of competent jurisdiction, such court is hereby authorized to amend such provision so that it will be enforceable to the fullest extent permitted by law, and all remaining provisions shall continue in full force without being affected, impaired, or invalidated thereby in any way.
33. NO ASSIGNMENT
Client agrees that Client may not assign or transfer any of Client’s rights arising out of or related to these terms and conditions or Client’s purchase of Product.
34. ATTORNEYS FEES
Client agrees that if Client fails to timely pay to Azure any sums due hereunder and Azure sues to collect such sums, Client shall be liable for reasonable fees, including but not limited to, collection fees and any attorney’s fees incurred by Azure. Client hereby agrees to Order the Product at the stated costs and has read and agrees to the TERMS AND CONDITIONS, incorporated herein
under this reference. Client understands and agrees that Azure reserves the right to change, discontinue or substitute materials as may be deemed necessary to properly fulfill the Order. Prior agreements, oral statements, negotiations, communications or representations about the Unit sold under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
35. CONTACT INFORMATION
You may contact us for any reason, including to report potential violations of the Terms by others, by email at firstname.lastname@example.org.
36. ENTIRE AGREEMENT
These Terms and Conditions together with the Order constitute the parties’ entire agreement relating to the subject matter hereof and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to such subject matter. No modification to these Terms and Conditions will be binding unless in writing and signed by each party.