IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS CAREFULLY
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Cimabue Construction dba Holistic Homes ("we," "us," "our," "Company," or "Holistic Homes"), governing your access to and use of our website, services, products, and The Holistic Homes Directory and The Holistic Homes websites.
BY ACCESSING OR USING OUR WEBSITE, PURCHASING ANY PRODUCTS OR SERVICES, BOOKING CONSULTING CALLS, OR APPLYING TO BE LISTED IN THE HOLISTIC HOMES DIRECTORY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION AGREEMENT THAT REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. SEE SECTION 21 (DISPUTE RESOLUTION AND ARBITRATION) FOR DETAILS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR WEBSITE, PURCHASE OUR PRODUCTS OR SERVICES, OR PARTICIPATE IN THE HOLISTIC HOMES DIRECTORY.
You must be at least 18 years of age and legally capable of entering into binding contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.
Holistic Homes provides the following services:
2.1 Digital Products: Courses, guides, templates, recordings, and other educational materials related to healthy home building and building science principles.
2.2 Consulting Services: One-on-one virtual consulting calls with our team regarding building science, healthy home planning, and construction consultation.
2.3 The Holistic Homes Directory: A curated national directory connecting homeowners with professionals committed to healthy, high-performance home building.
3.1 License Grant
Upon payment, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our digital products solely for your personal, non-commercial use. You may not:
3.2 Ownership
All digital products, including courses, guides, templates, recordings, and associated intellectual property, are and remain the exclusive property of Holistic Homes. Your purchase grants you a license to use the materials, not ownership of them.
3.3 No Refunds
ALL SALES OF DIGITAL PRODUCTS ARE FINAL. WE DO NOT OFFER REFUNDS, CREDITS, OR EXCHANGES FOR ANY DIGITAL PRODUCTS UNDER ANY CIRCUMSTANCES. Due to the nature of digital products and immediate access upon purchase, all sales are non-refundable once access is granted.
3.4 Access and Delivery
Digital products will be delivered electronically via email or through access to our online platform. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
4.1 Booking and Scheduling
Consulting calls must be booked through our website. By booking a call, you agree to pay the stated fee at the time of booking.
4.2 Cancellation and Rescheduling Policy
4.3 Recording of Calls
All consulting calls are recorded. By participating in a consulting call, you consent to being recorded. Holistic Homes owns all recordings and may use them for internal purposes, quality assurance, or training. Recordings will not be shared publicly without your express written consent.
4.4 No Refunds
ALL CONSULTING CALL FEES ARE NON-REFUNDABLE. Once a consulting call is booked and paid for, no refunds will be issued under any circumstances, including for cancellations made within the 24-hour window or no-shows.
4.5 Consulting Disclaimers
CRITICAL: YOU ACKNOWLEDGE AND AGREE THAT:
(a) Holistic Homes is a licensed general contractor providing consulting services, NOT a licensed architect or engineer. We do not provide architectural or engineering services and do not purport to do so.
(b) Our consulting services are informational and educational in nature. They are not a substitute for professional architectural, engineering, structural, mechanical, electrical, plumbing, or other licensed professional services.
(c) You are solely responsible for:
(d) We make no representations or warranties regarding:
(e) We do not guarantee any specific results, outcomes, cost savings, or health benefits from implementing any recommendations provided during consulting calls.
(f) All advice and recommendations are provided "as-is" and are based on information you provide to us. We are not liable for inaccuracies or omissions in information you provide.
The Holistic Homes Directory is divided into two user categories: (1) Homeowners and (2) Listed Professionals. Different terms apply to each category.
5.A.1 Free Access
The Holistic Homes Directory is provided free of charge to homeowners seeking to find professionals for their building projects. You may browse and search the directory without creating an account.
5.A.2 No Guarantees or Warranties
BY USING THE HOLISTIC HOMES DIRECTORY, YOU ACKNOWLEDGE AND AGREE THAT:
(a) The directory is a referral platform only. We connect homeowners with professionals but do not employ, supervise, direct, control, or endorse any listed professional.
(b) We do not verify, guarantee, or warrant:
(c) We are not responsible for:
(d) You are solely responsible for:
5.A.3 Limitation of Liability for Homeowners
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLISTIC HOMES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE DIRECTORY OR YOUR ENGAGEMENT WITH ANY LISTED PROFESSIONAL, INCLUDING BUT NOT LIMITED TO:
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HOLISTIC HOMES FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE DIRECTORY OR YOUR ENGAGEMENT WITH ANY LISTED PROFESSIONAL.
5.A.4 Independent Relationship
Listed professionals are independent contractors and are not employees, agents, or representatives of Holistic Homes. Any agreements you enter into with listed professionals are solely between you and the professional.
5.B.1 Application and Acceptance
Professionals may apply to be listed in The Holistic Homes Directory. Listing in the directory is at the sole discretion of Holistic Homes. By applying, you agree to these Terms.
5.B.2 Pricing and Payment
(a) Annual Subscription Fee: The current subscription fee for directory listing is $149 per year, payable in advance.
(b) Payment Due: Payment is due immediately upon acceptance into the directory or upon annual renewal.
(c) Auto-Renewal: Your directory subscription will automatically renew annually unless you cancel before the renewal date. You authorize Holistic Homes to charge your payment method on file for the annual renewal fee.
(d) Price Changes: We reserve the right to change subscription pricing at any time. Price changes will apply to renewals following notice to you of the new pricing.
(e) Payment Processor: All payments are processed through Stripe. Payment disputes must be handled through Stripe's dispute resolution process.
5.B.3 No Refunds
ALL DIRECTORY SUBSCRIPTION FEES ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCES. Once payment is made, no refunds, credits, or prorated refunds will be issued, even if you:
5.B.4 Late Payment and Grace Period
If your annual renewal payment fails or is not received:
We reserve the right to assess a late fee of 1.5% per month (18% annual percentage rate) on any outstanding balance not paid within the grace period.
5.B.5 Profile Information and Content
(a) Accuracy: You represent and warrant that all information you provide for your directory profile (including business name, description, address, contact information, images, and any other content) is accurate, current, and complete.
(b) Ownership: You represent and warrant that you own all rights to, or have obtained all necessary permissions for, any content you provide, including but not limited to business logos, images, photographs, and biographical information.
(c) License Grant: By submitting content for your directory profile, you grant Holistic Homes a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, display, distribute, and publish your business name, logo, images, description, and all other profile content in connection with operating and promoting the directory.
(d) Profile Updates: You may request updates to your profile information at any time by emailing directory@byholistichomes.com. We will make reasonable efforts to update your profile in a timely manner.
5.B.6 Professional Representations and Warranties
By applying to and being listed in the directory, you represent and warrant that:
(a) You are a legitimate business entity legally authorized to operate in your jurisdiction
(b) You hold all necessary licenses, permits, certifications, and insurance required to perform the services you offer
(c) You will maintain all required licenses, permits, certifications, and insurance throughout the term of your directory listing
(d) You will comply with all applicable federal, state, and local laws, regulations, and building codes
(e) You will not engage in fraudulent, deceptive, or misleading business practices
(f) You will treat homeowners and clients professionally and ethically
(g) You have the authority to enter into this agreement and grant the licenses described herein
5.B.7 Prohibited Conduct
Listed professionals may not:
(a) Provide false, misleading, or inaccurate information in their directory profile
(b) Use another company's name, logo, or intellectual property without authorization
(c) Engage in fraudulent, illegal, or unethical business practices
(d) Harass, threaten, or abuse homeowners or other directory users
(e) Attempt to circumvent the directory by asking homeowners not to mention they found you through the directory
(f) Use the directory to promote services unrelated to healthy home building or building science
(g) Scrape, data mine, or extract directory data for any purpose
(h) Interfere with the operation or security of the directory
5.B.8 Removal and Termination
(a) Termination by Professional: You may cancel your directory listing at any time by emailing directory@byholistichomes.com. Cancellation will take effect at the end of your current billing period. No refunds will be issued for the remaining time in your billing period.
(b) Termination by Holistic Homes: We reserve the right to remove your listing and terminate your subscription immediately, at our sole discretion, for any reason or no reason, including but not limited to:
(c) No Refunds Upon Termination: If we terminate your listing for any reason, you will not receive a refund of any fees paid.
(d) Profile Removal: Upon termination or cancellation, your profile will be disabled and removed from public view on the directory. We reserve the right to retain your profile information for our internal records.
5.B.9 No Guaranteed Leads or Business
WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING:
Your listing in the directory does not guarantee any specific results, business opportunities, or financial outcomes.
5.B.10 Independent Contractor Status
Listed professionals are independent contractors. Nothing in these Terms creates an employment relationship, partnership, joint venture, agency, or franchise between you and Holistic Homes. You are solely responsible for:
5.B.11 Limitation of Liability for Professionals
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLISTIC HOMES' TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO YOUR DIRECTORY LISTING SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO HOLISTIC HOMES IN THE 12 MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL HOLISTIC HOMES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS, LOST OPPORTUNITIES, OR REPUTATIONAL HARM.
5.B.12 Indemnification by Professionals
You agree to indemnify, defend, and hold harmless Holistic Homes, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees and costs) arising from or related to:
(a) Your directory listing and profile content
(b) Your business operations and services provided to homeowners or clients
(c) Any breach of these Terms
(d) Any violation of applicable laws or regulations
(e) Any disputes with homeowners, clients, or third parties
(f) Any claims of negligence, breach of contract, property damage, personal injury, or other harm related to your work
(g) Any intellectual property infringement related to content you provide
WE ARE NOT A MEDICAL ORGANIZATION AND DO NOT PROVIDE MEDICAL ADVICE. Nothing on our website, in our digital products, during consulting calls, or in the directory should be construed as medical advice or used as a substitute for professional medical consultation, diagnosis, or treatment.
We provide information about building science, material selection, and construction practices based on building science principles. However:
7.1 Our Intellectual Property
All content on our website, in our digital products, and in the directory (including but not limited to text, graphics, logos, images, videos, audio, software, trademarks, and trade names) is the exclusive property of Holistic Homes and is protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our intellectual property without our express written permission.
7.2 User-Generated Content
If you submit any content to us (including testimonials, reviews, comments, photos, or other materials):
(a) You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media
(b) You represent and warrant that you own all rights to the content or have obtained all necessary permissions
(c) You waive any moral rights or rights of attribution you may have in the content
(d) You agree that we may use your name, image, likeness, and biographical information in connection with such content
7.3 Testimonials and Project Photos
By providing testimonials, participating in recorded consulting calls, or sharing project photos with us, you grant us the right to use, reproduce, and publish such materials in our marketing, website, social media, and promotional materials. We may edit or modify testimonials for length or clarity while preserving the substance of your statements.
7.4 Third-Party Intellectual Property
Holistic Homes makes no claim regarding its use of graphics, voice and sound recordings, artwork, photos, documents, or text that are properly licensed and attributed to others' intellectual property rights. We have made every reasonable effort to give proper attribution where required. If you believe that your content on this site is in violation of your ownership rights, please contact us at christine@byholistichomes.com with:
8.1 Information We Collect
We collect information you provide directly to us, including:
8.2 How We Use Information
We use collected information to:
8.3 Information Sharing
We do not sell, rent, or trade your personal information to third parties for marketing purposes. We may share information:
8.4 Data Security
We implement reasonable security measures to protect your information. However, no method of transmission over the internet is 100% secure. As a result, while we strive to protect your personal information, Holistic Homes cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Holistic Homes, you accept that you do so at your own risk.
8.5 Your Rights
You may request access to, correction of, or deletion of your personal information by contacting us at christine@byholistichomes.com.
8.6 Cookies
We may use cookies and similar technologies to enhance your experience on our website. Cookies are pieces of information that a website transfers to an individual's computer hard drive for record keeping purposes. Cookies make using our site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our site and do not transfer any personal information to any other party.
Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the site may not function properly or may be considerably slower.
8.7 Malware/Spyware/Viruses
Neither Holistic Homes nor our website knowingly permits the use of malware, spyware, viruses, or other similar types of software.
8.8 Children and Minors
Our services are not intended for individuals under the age of 18. We do not knowingly collect or maintain information from anyone under the age of 18, and no part of our website is designed to attract anyone under 18. If you are under 18, you may only use our services under the supervision of a parent or guardian. If we discover or are otherwise notified that we have received any information from a child under 18, we will delete that information immediately.
By providing your email address, you consent to receive transactional emails from us related to your purchases, bookings, or directory listing. We do not use your email address for unsolicited marketing communications, and we do not sell or share email addresses with third parties for marketing purposes.
You may opt out of non-essential communications by following the unsubscribe link in any email or by contacting us at christine@byholistichomes.com.
10.1 Payment Processing
All payments are processed securely through Stripe. By making a purchase, you agree to Stripe's terms and conditions.
10.2 Payment Authorization
You authorize us to charge your provided payment method for all fees associated with your purchase, booking, or directory subscription, including any renewal fees.
10.3 Failed Payments
If a payment fails, we will notify you and may suspend your access to services until payment is received.
10.4 Disputes
Payment disputes must be directed to Stripe. We are not responsible for resolving payment processor disputes.
If our website includes interactive features such as blog comments, forums, or other areas where users may post content:
11.1 User Responsibility
Users are solely responsible for the content of messages they post on our forums, blog comments, or other interactive areas. You should be aware that when you voluntarily disclose personal information (e.g., user name, email address, phone number) in public areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.
11.2 Prohibited Content
You may not post, transmit, display, or otherwise communicate:
11.3 Right to Remove Content
Holistic Homes has the right, but not the obligation, to remove content and accounts containing materials that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violate any party's intellectual property or these Terms.
12.1 No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
THE SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS.
12.2 No Guarantees
WE DO NOT GUARANTEE OR WARRANT:
12.3 Right to Modify
We reserve the right to discontinue, suspend, or modify this site, any materials, products, programs, services, or prices at any time without notice.
12.4 Third-Party Content and Linked Sites
Our website may contain links to third-party websites or content. We do not endorse, control, or assume responsibility for any third-party websites, products, or services.
HYPERLINK DISCLAIMERS:
As a convenience to you, we may provide links to websites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave our site and do so at your own risk. It is your responsibility to take all protective measures to guard against viruses or other destructive elements.
Linked sites are not maintained, controlled, or governed by Holistic Homes. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Holistic Homes.
WE DO NOT ENDORSE, MAKE REPRESENTATIONS REGARDING, OR WARRANT ANY INFORMATION, GOODS, OR SERVICES APPEARING ON ANY LINKED SITE.
Links do not imply that Holistic Homes sponsors, endorses, or is affiliated with any Linked Site, or that any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of Holistic Homes.
HOLISTIC HOMES IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR:
If you transact business with any Linked Sites, you do so at your own risk. We reserve the right to discontinue any Linked Site at any time without prior notice.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
13.1 HOLISTIC HOMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
13.2 HOLISTIC HOMES' TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR PRODUCTS, SERVICES, OR WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS LESS.
13.3 THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.5 IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL HOLISTIC HOMES OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, YOUR USE OF OR INABILITY TO USE THIS SITE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER HOLISTIC HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Holistic Homes, Cimabue Construction, and our officers, directors, employees, agents, affiliates, and service providers from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and costs) arising from or related to:
(a) Your use of our website, products, or services
(b) Your violation of these Terms
(c) Your violation of any applicable laws or regulations
(d) Your violation of any third-party rights, including intellectual property rights
(e) Any content you submit or provide to us
(f) Your engagement with any listed professional in the directory (for homeowners)
(g) Your business operations and services provided to clients (for listed professionals)
(h) Any disputes with other users or third parties
The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:
(a) You assume all risks associated with implementing any information, advice, or recommendations provided by Holistic Homes
(b) You are solely responsible for evaluating the suitability and appropriateness of any information for your specific circumstances
(c) Building and construction projects involve inherent risks, and you assume all such risks
(d) You are solely responsible for hiring qualified, licensed professionals for your project
(e) You will not rely solely on information from Holistic Homes without seeking appropriate professional advice
(f) Your use of the directory to find professionals is at your own risk
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. ANY CLAIMS FILED AFTER ONE YEAR FROM THE DATE OF ACCRUAL ARE PERMANENTLY BARRED.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes your acceptance of the modified Terms.
We will make reasonable efforts to notify you of material changes, but it is your responsibility to review these Terms periodically.
We reserve the right to modify, suspend, or discontinue any aspect of our products, services, or the directory at any time, with or without notice, and without liability to you.
19.1 Termination by You
You may stop using our services at any time. If you have a directory listing or subscription, you may cancel as described in Section 5.
19.2 Termination by Us
We reserve the right to suspend or terminate your access to our services, website, or directory at any time, with or without cause, with or without notice, including but not limited to:
Without limiting its other remedies, Holistic Homes may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in our sole discretion.
19.3 Effect of Termination
Upon termination:
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles.
Holistic Homes makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
22.1 Mandatory Arbitration
YOU AND HOLISTIC HOMES AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF OUR SERVICES, OR YOUR RELATIONSHIP WITH HOLISTIC HOMES (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT AS PROVIDED IN SECTION 22.3.
This arbitration agreement applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the Disputes arose before or after the effective date of these Terms.
22.2 Arbitration Procedures
(a) Arbitration Forum: Any arbitration shall be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, if applicable, its Supplementary Procedures for Consumer-Related Disputes.
(b) Location: Arbitration shall take place in Orange County, California.
(c) Governing Law: The arbitrator shall apply California substantive law.
(d) Arbitrator's Authority: The arbitrator shall have the authority to grant any relief that would be available in court, including monetary damages, injunctive relief, and declaratory relief. The arbitrator's decision shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction.
(e) Arbitration Costs: Each party shall bear its own costs and expenses, including attorneys' fees, unless the arbitrator determines that the claims were frivolous or brought in bad faith, in which case the prevailing party may be awarded costs and fees.
(f) Confidentiality: All arbitration proceedings, including any awards or decisions, shall be confidential.
22.3 Exceptions to Arbitration
Notwithstanding Section 22.1, either party may bring an action in small claims court if the claim qualifies. Additionally, either party may seek injunctive or equitable relief in a court of competent jurisdiction in Orange County, California, to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
22.4 CLASS ACTION WAIVER
YOU AND HOLISTIC HOMES AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU AND HOLISTIC HOMES EXPRESSLY WAIVE ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR REPRESENTATIVE BASIS.
NEITHER YOU NOR HOLISTIC HOMES MAY PARTICIPATE AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED UNLESS BOTH PARTIES AGREE IN WRITING.
If a court determines that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and decided by a court, and all other claims shall proceed in arbitration.
22.5 Waiver of Jury Trial
YOU AND HOLISTIC HOMES WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Holistic Homes are instead electing to have claims and disputes resolved through arbitration.
22.6 Opt-Out
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to christine@byholistichomes.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, you will not be subject to this arbitration agreement, but all other provisions of these Terms will continue to apply.
22.7 Survival
This arbitration agreement shall survive the termination of your relationship with Holistic Homes.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Holistic Homes. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms constitute the entire agreement between you and Holistic Homes regarding your use of our services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms at any time without notice or consent.
Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and Holistic Homes.
28.1 Electronic Acceptance
You agree to be bound by any affirmation, assent, or agreement you transmit through this site, including but not limited to any consent you give to receive communications from Holistic Homes solely through electronic transmission.
28.2 Button Acceptance
By clicking on "Submit," "Sign-up," "Buy Now," "Purchase," "I Agree," "Accept," or any other button that has a similar meaning, you acknowledge your acceptance of these Terms and consent to electronic communications. You agree that such clicks and electronic submissions constitute your legally binding signature and agreement to these Terms.
28.3 Consent to Electronic Communications
When you register with Holistic Homes and/or voluntarily provide your personally identifiable information to us, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records of correspondence from Holistic Homes. This consent is to receive notices electronically by way of email.
You may opt out of non-essential communications at any time by clicking the "unsubscribe" button included in all email communications or by contacting us at christine@byholistichomes.com.
All notices to Holistic Homes under these Terms shall be sent to:
Cimabue Construction dba Holistic Homes
Email: christine@byholistichomes.com
Address: 9114 Adams Ave., Suite 101, Huntington Beach CA 92646
Notices to you may be sent to the email address or physical address you provided to us.
For a notice to be deemed given under this Agreement, the applicable party must deliver such notice in writing by: (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid, or (iv) electronic mail to the other party's designated email address. Any notice given under this Agreement will be effective on the other party's receipt, or if mailed, on the earlier of the other party's receipt and the third business day after mailing.
If you have any questions about these Terms, please contact us at:
Website: www.byholistichomes.com Email: christine@byholistichomes.com
Website: www.holistichomesdirectory.com Email: directory@byholistichomes.com
BY USING OUR WEBSITE, PURCHASING PRODUCTS OR SERVICES, BOOKING CONSULTING CALLS, OR APPLYING TO THE HOLISTIC HOMES DIRECTORY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE TO:
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
12 years ago, my first home was devastated by mold. I know the fear, the financial strain, and the mistrust of the building industry. That’s why I became a contractor and consultant — to be the advocate I wish I’d had.
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