LAHD NAC

LAHDNAC Resource Database Agreements

Last Updated Date: May 16, 2022

PLEASE READ THESE TERMS CAREFULLY BEFORE AGREEING TO THIS USER AGREEMENT.  YOU ARE FORMING AN AGREEMENT BY EITHER AGREEING TO THE TERMS BELOW OR USING THE SERVICES OFFERED ON THE LAHDNAC RESOURCE WEBSITE

By agreeing to this User Agreement (the “Agreement”) you are signifying your acceptance to the terms listed below, and any changes made to them from time to time.  If you do not agree to all of the terms listed below, please do not indicate your agreement below or use this site!  The services offered in this website (the “Services”) are provided by EVAN TERRY ASSOCIATES, LLC (“ETA, LLC”), located at https://www.LAHDNAC.com.

LAHDNAC SERVICES

ETA, LLC shall provide services (the “Service” or the “Services”) made available to you as a user (collectively, “you,” “User” or “Users”) through the LAHDNAC website portal (the “Website”), a mobile version of the Website (the “Mobile Website”), or an application rendition of the Website running on a mobile device (the “Mobile App”), (collectively referred to herein as the “LAHDNAC Site”).  The Service is made available on the Internet through Users’ personal computers, or other access device such as a mobile phone, utilizing a communications connection, and service access levels may vary depending upon access levels selected by a User.  In general, the Service supplies accessibility compliance and related information through the LAHDNAC Site, such as text, graphics, images, audio, videos, and other accessibility related information obtained from ETA, LLC and its licensors, third party contributors, and other sources.  Such material contained on the LAHDNAC Site (hereinafter the “Content”) is provided for informational purposes only and is not intended to be a substitute for professional advice in, for example, the planning or construction of buildings and structures compliant with accessibility compliance laws, regulations, codes, and standards, or related scientific, research, and education compliance activities.  Always seek the advice of an architectural, construction, legal, or other professional with any questions you may have regarding actual accessibility compliance for individual developments, facilities, and projects.  The LAHDNAC Site is considered “INFORMATIONAL” AND ANY USE OF THE INFORMATION PROVIDED BY OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.  Notwithstanding the above limitations, the LAHDNAC Site contains the most current versions of the requirements and interpretations used by the Evan Terry Associates CA (ETA CA), Neutral Accessibility Consultant (NAC) for the Los Angeles Housing Department (LAHD), team members in their verification of compliance with the Voluntary Compliance Agreement (VCA) and the Corrected Settlement Agreement (CSA) signed by LAHD.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains at all times with ETA, LLC or its licensors. Any use of the Content not expressly permitted by this Agreement is a breach of your duties to ETA, LLC under the herein provided terms and may violate copyright, trademark, and other laws. Content and features on the LAHDNAC Site are subject to change or removal without notice to Users, and all rights not expressly granted herein are reserved to ETA, LLC and its licensors.

If you violate any of the terms of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

APPLICABLE FEES

Depending upon a User’s access level, an access or subscription fee may be due and payable as set up during the User registration process and periodically renewed.  If payment is not received in the full amount at the time it is due, ETA, LLC may immediately terminate a User’s account.  ETA, LLC reserves the right to modify fees for Services at any time and these modified fees shall be posted and made available from the LAHDNAC home page or via other agreed to forms of communication, such as email.   

CONFIDENTIAL USE

To the extent a User is exposed to confidential or proprietary ETA, LLC information associated with the Services or its documentation that relate to the design, development, operation, testing or use of the Services or any additions or modifications thereto, User agrees to keep such information confidential and to use the same security measures as it uses to protect its own confidential technical information, provided that such measures shall be commercially reasonable for such purpose.  User further agrees not to disclose such information to anyone other than those of its employees, and such contractors as ETA, LLC may approve, under nondisclosure obligations that have a need to know such information in connection with use of the Services or who have also executed the Agreement. The foregoing confidentiality obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on ETA, LLC’s information, or information approved for release by ETA, LLC without restriction.

USER’S INFORMATION & PASSWORDS

To the extent requested, you agree to provide ETA, LLC with accurate, complete, and updated information regarding your legal name, address, telephone number(s), and you further agree to notify ETA, LLC as soon as practicable of any changes.  Failure to do so may result in immediate suspension or termination of the Services.  Users may be allowed to select a unique password and are responsible for maintaining the confidentiality of such password and liable for any harm resulting from their disclosure of or allowance of disclosure of any password.  ETA, LLC, shall, in its sole discretion, electronically monitor any areas of the LAHDNAC website for adherence to the Agreement and reserves the right to disclose any communication to protect the rights or property of ETA, LLC and/or its Users, or to satisfy any law, regulation or authorized governmental request if required to disclose such communication information as part of a legal or administrative proceeding. 

The LAHDNAC Site may include Content from Users from all over the world.  ETA, LLC has no editorial control of Content published by its Users or any third parties.  Any and all Content made available by Users or any third parties are those of the Users or third parties themselves and do not necessarily represent the views of ETA, LLC and ETA, LLC DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY of any such information.  ETA, LLC shall not, under any circumstance, be liable for any loss or damage caused by a User’s reliance on information obtained through ETA, LLC 's or LAHDNAC’s Site or Services.

Users may have opportunity to order and purchase merchandise or services from other Users of the Service or third parties, such as for example by clicking on a link associated with viewed Content.  However, all such transactions are solely between the User and those third parties.  ETA, LLC makes no warranties or representations whatsoever regarding such transactions and each User does hereby release ETA, LLC from any and all liability or obligation with respect to any loss, cost, damage, or claim arising either directly or indirectly from such transactions, including those arising from any action or inaction of either party in such transactions.

USER SUBMISSIONS (when allowed)

Upon registration and execution of the LAHDNAC Contributor Agreement (presented prior to uploading content), Users may be allowed to post or upload Content created by the User or Content in which a User may have rights to transmit and license, and which do not violate trademark, copyright, privacy or any other rights of any other person.  Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.  To protect your privacy, ETA, LLC recommends that you not submit any media that contains personally identifiable information (e.g. names, phone numbers, email addresses) of you or of anyone else.  Further, uploading media like images or video of other people without their permission is strictly prohibited, unless the information is public domain.  By uploading any information on the LAHDNAC Site, you warrant that you have permission from all persons appearing in your Content for you to make such a contribution and a grant of rights described herein and you are releasing and indemnifying ETA, LLC from any damage or injury caused by uploading and publication of your own personally identifiable information. You agree to never post a picture or video of or with someone else unless you have their explicit permission, unless such images are public domain.

It is strictly prohibited to upload Content of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or further any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with the terms of this Agreement or the LAHDNAC Site Privacy Policy below.  You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the LAHDNAC Site.  By uploading any Content, such as without limitation photos, text, or videos, (a) you grant to ETA, LLC a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the Content and any material included in the Content; (b) you certify that any person pictured in the submitted Content (or, if a minor, his/her parent/legal guardian) authorizes ETA, LLC to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the Content and any material included in such Content; and (c) you agree to indemnify ETA, LLC and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the Content and/or your failure to comply with the terms described in this Agreement.  ETA, LLC reserves the right to review all Content prior to submission to the LAHDNAC Site and to remove any Content for any reason, at any time, without prior notice, at ETA, LLC’s sole discretion.

ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES

ETA, LLC may provide links to third-party web sites.  ETA, LLC also may select certain sites as priority responses to search terms you enter and ETA, LLC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored Content. ETA, LLC does not recommend and does not endorse the Content on any third-party websites. ETA, LLC is not responsible for the Content of linked third-party sites, sites framed within the LAHDNAC Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their Content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. ETA, LLC does not endorse any product, service, or treatment advertised on the LAHDNAC Site.

PROTECTION OF INTELLECTUAL PROPERTY

The User acknowledges that proprietary rights protect the Services, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. Except for personal and non-competitive uses, Users have no right to copy or duplicate materials from the LAHDNAC Site, including without limitation any materials included in the Content, whether or not resulting from user submissions. 

LIABILITY OF ETA, LLC AND ITS LICENSORS

The use of the LAHDNAC Site and the Content is at your own risk.  When using the LAHDNAC Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of ETA, LLC and its suppliers.  Accordingly, ETA, LLC assumes no liability for or relating to the use, reliance upon, delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the LAHDNAC Site. 

The LAHDNAC Site and the Content is provided on an “as is” basis. ETA, LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, ETA, LLC, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, compliancy, or timeliness of the Content, links to third party websites, or communications provided on or through the use of the LAHDNAC Site or through or within the Content.
  2. The satisfaction of any government regulations requiring disclosure of or compliancy with ADA, accessibility, or related regulations. 

In no event shall ETA, LLC, its licensors, its suppliers, or any third parties mentioned on or through the LAHDNAC Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the LAHDNAC Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not ETA, LLC, its licensors, its suppliers, or any third parties mentioned on the LAHDNAC Site are advised of the possibility of such damages. ETA, LLC, its licensors, its suppliers, or any third parties mentioned on or through the LAHDNAC Site shall be liable only to the extent of actual damages incurred by you, not to exceed $100 (USD).  ETA, LLC, its licensors, its suppliers, or any third parties mentioned on the LAHDNAC Site are not liable for any personal injury, including death, caused by your use or misuse of the LAHDNAC Site or Content.  Any claims arising in connection with your use of the LAHDNAC Site and Content must be brought within one (1) year of the date of the event giving rise to such action occurred.  Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.

INDEMNITY

You agree to defend, indemnify, and hold ETA, LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

USE AND TERMINATION

ETA, LLC  is an equal opportunity service provider and does not discriminate against others based on race, gender, age, creed, disability, or otherwise, and any activities deemed to be objectionable, unlawful, damaging, threatening, disparaging, harassing, slanderous, profane, hateful, racially, ethnically, or otherwise objectionable material or behavior may cause termination of access and a refusal to provide Services to anyone for any reason indicated in this paragraph at any time, regardless of use prior to registration or after registration, and irrespective of execution of this Agreement.  Misconduct on the part of a User as determined solely by ETA, LLC shall be grounds for termination of use of the Services.  Further, any uploading of damaging or virus infected materials, whether known or unknown, shall be deemed grounds for immediate termination of a subscription.  ETA, LLC may terminate immediately without notice to any User who misuses or fails to abide by this Agreement.  The termination of some Users on the basis of this paragraph shall in no way be taken to indicate any endorsement by ETA, LLC of the actions or statements of other Users whose use is not similarly terminated.  User or ETA, LLC may terminate this Agreement and access the Services at any time and for any reason or no reason. The only right a User has with respect to any dissatisfaction with any ETA, LLC Services, policies, guidelines, Content, fees, etc. is to terminate use of the ETA, LLC Services and LAHDNAC Site.  User may terminate their subscription by delivering notice to ETA, LLC, and termination shall be effective the day ETA, LLC receives notification of termination or such specified future date as may be acceptable to ETA, LLC. Termination of the Agreement automatically terminates all Services immediately and the User shall have no access to any Services after that time. 

LEGALITY AND GOVERNING LAW

In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.  The Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, except with regard to its conflicts of law rules. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Alabama.  Titles and headings are included for readability and are not to be considered a part of this document.

MODIFICATIONS

ETA, LLC may modify the terms of this Agreement at any time by posting changes and making them accessible from the LAHDNAC Site or by directly contacting the User.  The Agreement shall become effective immediately after posting.  If the modified Agreement is unacceptable to you, you have the option to terminate use of the LAHDNAC Site; however, failure to discontinue use shall be deemed as your acceptance of any modifications of the Agreement.

COPYRIGHTS AND TRADEMARKS

ETA, LLC maintains a valid and existing copyright in the entire LAHDNAC Site and Content provided by ETA, LLC.  Content provided by ETA, LLC’s Content licensors retain their respective rights in copyright worldwide. 

NOTICE OF PROTECTION UNDER THE DMCA

ETA, LLC is committed to complying with U.S. copyright law and expects all Users and contributors who access or use the Services to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under DMCA, copyright owners may notify the “authorized agent” of a service provider, such as ETA, LLC, to report alleged infringements of their works appearing on Web pages hosted by ETA, LLC. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, ETA, LLC will remove or block access to the allegedly infringing material. If a User of ETA, LLC’s Services believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to ETA, LLC.  However, ETA, LLC hereby refuses to be a party to disputes over alleged copyright infringement except its own.

This information should not be construed as legal advice to a reader, but ETA, LLC is glad to provide the following information to you for informational purposes only.  If you truly believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek immediate legal counsel.

Notices And Procedure For Making Claims Of Copyright Infringement

If you believe any materials accessible on or from the LAHDNAC Site infringes your copyright, you may request removal of those materials (or access thereto) from this web site by contacting ETA, LLC’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

ETA, LLC’s agent for copyright issues relating to this web site is as follows:

Evan Terry Associates, LLC
Attn: Copyright Agent
1 Perimeter Park South, Suite 200 S
Birmingham, AL  35243 USA
Support@LAHDNAC.com
Or call: 205-972-9100

Counter Claims

Upon receipt of the written notification containing the information as outlined in points 1 through 6 above:

  1. ETA, LLC shall remove or disable access to the material that is alleged to be infringing;
  2. ETA, LLC shall forward the written notification to the alleged infringer;
  3. ETA, LLC shall take reasonable steps to promptly notify the complaining party that it has removed or disabled access to the material.

 

COMPLETE AGREEMENT

Except as expressly provided in another agreement on the LAHDNAC Site, these Agreement terms constitute the entire agreement between you and ETA, LLC with respect to the use of the LAHDNAC Site and associated Content.

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