Only CENTRAL COAST BUILDERS ASSOCIATION members, and, in the case of members who are entities, their partners, shareholders, officers and employees, will be entitled to view and use the Online Plan Services. Sharing of user names and passwords is prohibited and could result in loss of OPR service.
1. ACCEPTANCE OF TERMS
CENTRAL COAST BUILDERS ASSOCIATION (CCBA) makes available for your use and access to the CCBA Online Plan Service (the “Site”) information, documents, software and products (collectively, the “Materials”) and various services (the “Services”) subject to the terms and conditions set forth in this Usage Agreement and Disclaimers (the “Usage Agreement”). By accessing this Site, you agree to the Usage Agreement. CCBA reserves the right to change the Usage Agreement from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Usage Agreement posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Usage Agreement. All such guidelines are incorporated into this Usage Agreement by reference.
You MUST be a current Site participant (valid Internet subscriber) of CCBA to access this Site. If you are not a current Site participant or if you breach any of the Usage Agreement, your authorization to use this Site is automatically terminated and you must immediately destroy any Materials downloaded or printed from this Site.
2. COPYRIGHT; LIMITED LICENSE
You acknowledge and agree that Materials and Services on this Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by CCBA, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Materials and Service, or the Software, in whole or in part. Furthermore, except as expressly provided in this Usage Agreement, CCBA does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials, Services and Software.
- Use of Software. The software and accompanying documentation that are made available to download from the Site are copyrighted work of CCBA and/or its suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do no agree to such terms, you will not be able to use the software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any software available on the Site.
3. USE OF SITE INFORMATION
Except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on this Site subject to the following conditions:
- The documents and information may be used solely for your use in preparing cost estimates for those construction projects provided on the Site and/or for your reference during the construction process of same and for no other purpose.
- The documents and information may not be modified or altered in any way.
- You may not remove any copyright or other proprietary notices contained in the documents and information.
- Printing of plan copies must be made in house or in the office of CCBA. Use of outside reprographic companies is prohibited.
- CCBA reserves the right to revoke the authorization to view, download and print the documents and information available on this Site at any time, and any such use must be discontinued immediately upon written notice from CCBA.
- The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download and print the documents and information available on this site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
4. UNAUTHORIZED USE
Only CENTRAL COAST BUILDERS ASSOCIATION regular members, and, in the case of members who are entities, their partners, shareholders, officers and employees, will be entitled to view and use Site Materials (including all plans, specifications and addenda therein). This excludes Associate and Professional members. In addition, you acknowledge and agree that the unauthorized disclosure of Site Materials could cause competitive harm to the CENTRAL COAST BUILDERS ASSOCIATION, and you promise to receive and maintain the Site Materials in trust and confidence, and take reasonable precautions against such disclosure to any unauthorized users.
5. MODIFICATIONS TO SERVICE
CCBA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that CCBA is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
5. ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
- immediately notify CCBA of any unauthorized use of your password or account or any other breach of security; and
- ensure that you exit from your account at the end of each session. CCBA cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree that CCBA, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site for any reason, including, without limitation, if CCBA believes that you have violated or acted inconsistently with the letter or spirit of the Usage Agreement. CCBA may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Usage Agreement may be effected without prior notice, and acknowledge and agree that CCBA may immediately deactivate your account. Further, you agree that CCBA shall not be liable to you or any third-party for any termination of your access to the Site.