The 2021 electronic edition of the “GREENBOOK” Standard Plans for Public Works Construction (SPPWC) is copyrighted content and available only to registered users of LBIW’s web site. Registrants must agree to the following terms and conditions (TERMS OF USE); If you do not agree to the TERMS OF USE you will not be permitted on-line access to the GREENBOOK SPPWC on this web site.

TERMS OF USE

LBIW, Inc. (“LBIW”) operates www.LBIW.com (the “Site”) to provide online access to information about LBIW and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). “You” and “your,” as used herein, means any natural or legal (e.g., corporation, limited liability company, partnership, etc., including the natural persons through whom it acts) person. Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”

Use of Site.

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (“Content”) for your personal and business purposes and to learn about LBIW products and services, subject to these terms and conditions. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. LBIW reserves complete title and full intellectual property rights in all Content, excepting Intellectual Property owned by third parties who linked to and/or who provide protected content to the Site. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service.

Account Registration.

To utilize the Services, or certain portions thereof, you will be required to complete a registration and submission process and establish an LBIW account. You represent and warrant that all information provided by you is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

Intellectual Property.

The Site and Content provided on or through the Site are the intellectual property and copyrighted works of LBIW or a third party provider. The copyrights in the Content are owned by LBIW or other copyright owners who have authorized their use on the Site. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. You acknowledge and agree that you do not have and do not claim any right, title or interest in any Content, including the intellectual property and copyrighted works of LBIW or all third party providers. All Content is provided on an “As Is” and “As Available” basis.

Limitations on Use.

You may download, store, display on your computer, view, and print Content that LBIW publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your or any business with which you are affiliated as an agent, employee or vendor; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed. You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. You may not manipulate or alter in any way images or other Content on the Site. LBIW reserves the right to terminate the permissions granted to you in this Agreement as well as your use of the Content at any time.

User Conduct.

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

Links to Third-Party Web Sites.

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by LBIW of the third party, the third-party web site, or the information contained therein. LBIW is not responsible for the availability of any such web sites. LBIW is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of LBIW affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

Linking to this Site.

If you would like to link to the Site, you must follow LBIW’s link guidelines. Unless specifically authorized by LBIW, you may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

Downloading Files.

LBIW cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Software.

Any software available for download via the Site is the copyrighted work of LBIW and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

Disclaimer of Warranties.

LBIW MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. LBIW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. LBIW DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. LBIW DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability.

IN NO EVENT WILL LBIW BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF LBIW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, LBIW’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Indemnification.

You agree to indemnify, defend and hold harmless LBIW, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site, or your violation or infringement of any third party rights.

User Supplied Information.

LBIW does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give LBIW the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

Password Security.

If you register to become a LBIW.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

Assignment Prohibited.

You shall reproduce, assign, lend, sell or otherwise distribute, under any circumstances or in any form, all or any part of any content to any third person. You are prohibited from transferring, conveying or assigning (“Assignment”) such rights as you may have (if any) under Licensee’s Terms of Use and Licensee’s Website to any third party, for any reason. Any such attempted assignment shall be immediately void and unenforceable and, additionally, shall immediately and without a requirement of notice from or Licensee, terminate your rights to any and all Permitted Use of the Licensed Material.

General Provisions.

Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by LBIW of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. LBIW therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. LBIW does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Severability. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.

Applicable Laws. All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in Orange County, California. You and LBIW agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Contact Information. If you have any questions regarding these Terms of Use, please contact LBIW at lbiw@lbiw.com. If you have any other questions, contact information is available at the “contact page” on the Site.

Terms Applicable to Specific Content and Areas of the Site. Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between the Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.

Reserved Rights. LBIW reserves the right to modify the Terms or Content at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms, as modified. Therefore, we recommend you review these Terms before each use. You can easily determine whether the Terms have been revised by simply checking the last date on which the Terms of Use were revised and comparing that date to the date on of Terms of Use which were in effect when you first used the Site. Those dates appear at the end of this Agreement.

Termination. LBIW expressly reserves the right to terminate your use of the Site at any time if you fail to comply with the foregoing Terms of use.