FULL DISCLOSURE ON CONTRACTING & CONSTRUCTION
27Diamonds is not and does not purport to be a contractor or contracting service. 27Diamonds does not hold a contractor’s license and does not perform or offer services that such a contractor would provide including, but not limited to, painting, electrical installation, plumbing installation, demolition, masonry work, tiling, and so forth. 27Diamonds does not prefer, guarantee or collect money on behalf of any other persons or companies, including contractors and construction companies. 27Diamonds does not supervise any on site demolition, construction, or responsibilities of a general contractor or subcontractor. 27Diamonds does not assume any responsibility for the design or modification of the design of any structural, heating, air-conditioning, plumbing, electrical, ventilation or other mechanical systems installed or to be installed at the project. 27Diamonds merely furnishes materials or supplies, in full compliance with Section 7045 of the California Business and Professions Code, without fabricating them into, or consuming them in the performance of the work of the general building contractor.
LEGAL COMPLIANCE WITH CALIFORNIA BUSINESS AND PROFESSIONS CODE
As a California-based corporation, 27Diamonds acknowledges and agrees to comply with all relevant sections of the California Business and Professions Code, including, but certainly not limited to, the following sections:
- Section Code 7028
- It is a misdemeanor for a person to engage in the business or act in the capacity of a contractor within this state without having a license therefore, unless the person is particularly exempted from the provisions of this chapter.
- A first conviction for the offense described in this section is punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
- If a person has been previously convicted of the offense described in this section, unless the provisions of subdivision (d) are applicable, the court shall impose a fine of 20 percent of the contract price, or 20 percent of the aggregate payments made to, or at the direction of, the unlicensed contractor, or five thousand dollars ($5,000), whichever is greater, and, unless the sentence prescribed in subdivision (d) is imposed, the person shall be confined in a county jail for not less than 90 days, except in an unusual case where the interests of justice would be served by imposition of a lesser sentence or a fine. If the court imposes only a fine or a jail sentence of less than 90 days for second or subsequent convictions under this section, the court shall state the reasons for its sentencing choice on the record.
- A third or subsequent conviction for the offense described in this section is punishable by a fine of not less than five thousand dollars ($5,000) nor more than the greater amount of ten thousand dollars ($10,000) or 20 percent of the contract price, or 20 percent of the aggregate payments made to, or at the direction of, the unlicensed contractor, and by imprisonment in a county jail for not more than one year or less than 90 days. The penalty provided by this subdivision is cumulative to the penalties available under all other laws of this state.
- A person who violates this section is subject to the penalties prescribed in subdivision (d) if the person was named on a license that was previously revoked and, either in fact or under law, was held responsible for any act or omission resulting in the revocation.
- If the person engaging in the business of or acting in the capacity of an unlicensed contractor has agreed to furnish materials and labor on an hourly basis, “the contract price” for the purposes of this section means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
- Notwithstanding any other provision of law, an indictment for any violation of this section by the unlicensed contractor shall be found or an information or complaint filed within four years from the date of the contract proposal, contract, completion, or abandonment of the work, whichever occurs last.
- For any conviction under this section, a person who utilized the services of the unlicensed contractor is a victim of crime and is eligible, pursuant to subdivision (f) of Section 1202.4 of the Penal Code, for restitution for economic losses, regardless of whether that person had knowledge that the contractor was unlicensed.
- Section Code 7027.1
- It is a misdemeanor for any person to advertise for construction or work of improvement covered by this chapter unless that person holds a valid license under this chapter in the classification so advertised, except that a licensed building or engineering contractor may advertise as a general contractor.
- “Advertise,” as used in this section, includes, but not by way of limitation, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of any sign or marking on or in any building or structure, or in any newspaper, magazine, or by airwave or any electronic transmission, or in any directory under a listing for construction or work of improvement covered by this chapter, with or without any limiting qualifications.
- A violation of this section is punishable by a fine of not less than seven hundred dollars ($700) and not more than one thousand dollars ($1,000), which fine shall be in addition to any other punishment imposed for a violation of this section.
- If upon investigation, the registrar has probable cause to believe that an unlicensed individual is in violation of this section, the registrar may issue a citation pursuant to Section 7028.7 or 7099.10.
- Section Code 16240
Every person who practices, offers to practice, or advertises any business, trade, profession, occupation, or calling, or who uses any title, sign, initials, card, or device to indicate that he or she is qualified to practice any business, trade, profession, occupation, or calling for which a license, registration, or certificate is required by any law of this state, without holding a current and valid license, registration, or certificate as prescribed by law, is guilty of a misdemeanor.
The Website’s Content
27Diamonds provides free information and resources to you concerning the purpose and services of our corporation. 27Diamonds uses reasonable efforts to include accurate and up to date information in the Website. You may use the materials and information owned by 27Diamonds available on the Website for your personal use. Any reproduction, retransmission, or republication of all or part of any materials and information found on this Website is expressly prohibited, unless 27Diamonds or the appropriate copyright owner of the information expressly grants you the right to reproduce, retransmit or republish the materials and information by its prior written consent. Some materials available on the Website are the property of other individuals or entities and are protected by copyright and other intellectual property laws. 27Diamonds makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of the Website.
Accuracy of Information
The Website may contain links to third party websites that are not owned or controlled by 27Diamonds. 27Diamonds has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website or third party advertisements. In addition, 27Diamonds will not and cannot censor or edit the content of any third party site. By using the Website, you expressly release 27Diamonds from any and all liability arising from your use of any third party website.
Prohibited User Conduct
We grant you permission to access the Website, provided that you shall not: (i) alter or modify the Website; (ii) use any part of the Website to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales; (iii) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (iv) attempt to gain unauthorized access to other computer systems through the Website; (v) engage in harvesting e-mail addresses, wireless addresses or any other form of personal information; (vi) use the Website or the Website™s products and services with the intent to interrupt, damage, disable, or overburden the Website; (vii) use the Website in violation of any parties™ intellectual property or other proprietary or legal rights; (viii) use the Website or the in violation of any applicable law; or (ix) use the Website to obtain or attempt to obtain any non-public materials or information.
Intellectual Property Rights
The Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. 27Diamonds reserves all rights not expressly granted in and to the Website and the Content.
You agree that you shall not upload, post, transmit, distribute or otherwise submit to the Website, any comments or materials which (i) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iii) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (iv) contain a virus, spyware, or other harmful component, or (v) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
You should understand that any information and comments that you approve to be published on the Website will be considered to be a public disclosure. Your comments submitted to the Website may be published on the Website, and such comments may subsequently be displayed in multiple places, both on the Website and elsewhere on the internet. These comments may be publicly accessible for a lengthy time period and you won’t be unable to control who will read them. As such, it is important that you are careful and selective about the information you disclose in your comments, and at a minimum, you should not disclose sensitive, proprietary or confidential information in your comments.
27Diamonds is under no obligation to monitor or review transmitted information in discussions, comments, chats, postings, transmissions, bulletin board and the like on the Website, and assumes no responsibility or liability arising from the content of any such transmissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information.
Representations and Warranties
Limitation of Liability
Under no circumstances shall 27Diamonds, its directors, officers, employees, representatives or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your use of the Website, including but not limited to, from any (i) defects, errors, mistakes, or inaccuracies of Website’s content; (ii) personal injury or property damage of any nature whatsoever, resulting from your access and use of the Website; (iii) unauthorized access to or use of your secure servers and/or any and all personal information stored therein; (iv) interruption or cessation of transmission to or from the Website; or (v) bugs, viruses, trojan horses, or the like, which may transmitted to or through the Website by and third party. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Information Collected by 27Diamonds
Personally Identifiable Information
27Diamonds only collects Personal Information to the extent necessary to provide you with the Website’s information and other services. “Personal Information” means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred from the information. When you mail payment to 27Diamonds via the procedure posted on the Website, certain Personal Information will be collected from you in connection with your payment, including but not limited to, your name, address, and any Personal Information included on your bank checks or other form of payment.
Non-Personally Identifiable Information
When you visit and access the Website, 27Diamonds collects the following non-personally identifiable information from you:
Aggregated information is information, recorded in any form, about more than one individual, where the identity of the individual is not known, and cannot be inferred from the information. We may use aggregated information to: (i) describe our user base to current or potential partners, investors, and advertisers; (ii) after a survey, to understand and respond to market needs and preferences; or (iii) to make recommendations to other users of our Website.
When you send a comment on the Blog, e-mail or other communication to us, we may retain those communications in order to answer inquiries, and respond to your requests and improve the Website and our products and services.
You agree that you shall not upload, post, transmit, distribute or otherwise submit to the Website, any communications which (i) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (ii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iii) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (iv) contain a virus, spyware, or other harmful component; or (v) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
In the event that 27Diamonds may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Website, 27Diamonds is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such transmissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information.
Information 27Diamonds DOES NOT Collect
EXCEPT AS PROVIDED IN THIS POLICY, At no time will 27Diamonds request your credit card information, Social Security Number, national identification numbers, or any other form of personal information in a non-secure or unsolicited e-mail or telephone communication. Certain financial information will only be requested through the donation webpage. 27Diamonds is concerned with identity theft and the practice known as “phishing,” so please safeguard your Personal Information to help protect you from identity theft.
Protecting Your Personal Information
27Diamonds takes precautions to ensure that Personal Information is kept private, and to reduce the risk of loss, misuse, unauthorized access, disclosure, or modification of your Personal Information. Please note however that we cannot guarantee the security of your Personal Information. We assume no liability for the loss of any Personal Information or any damage that may result from the loss of such information that you transmit to us via the Website.
Disclosure without Consent
Please note that there are circumstances where the use or disclosure of Personal Information may be justified or permitted, or where WE may be obligated to disclose SUCH information without consent. Such circumstances may include, without limitation, the following:
* To comply with a court order, subpoena, or warrant;
* To comply with the request of a government agency or regulatory body;
* To collect monies owed to 27Diamonds;
* To investigate activities that 27Diamonds believes in good faith are unlawful;
* To protect the rights, property, and safety of third parties and 27Diamonds; and
* As otherwise permitted or required by law.
This Policy only applies to the Website. For your convenience, the Website may provide links to other websites. When you click on one of these links, you are leaving our Website and entering another website. We do no exercise control over the websites displayed as links from within our various services and we are not responsible for such third-party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. You should carefully review the privacy statements of any other websites you visit, because those privacy statements will apply to your visit to such other websites.
Children’s Privacy Protection
The Website is not intended or designed to attract “minors” (as defined under the laws of their jurisdiction or residence). We do not collect Personal Information from any person that we know is under 18 years of age. We will not use Personal Information if we learn that it was provided by any person we know to be under 18 years of age. You affirm that you are over the age of 18, as the Website is not intended for any children under 18 that are unaccompanied by their parents or legal guardians.
Parents should be aware that this Policy governs our use of Personal Information. Any Personal Information voluntarily given by children through their use of the Website may be used by other parties to generate unsolicited communications. We encourage parents to inform their children of the safe and responsible use of their Personal Information while visiting internet web pages.
Removal of Personal Information
To the extent possible, we will promptly remove all of your Personal Information if you request us to do so. Please understand that we may not be able to honor your request if we are legally obligated to retain that information.
Questions or Comments
If you have any questions or comments about the Website, 27Diamonds, or this Policy, please contact us at info@27Diamonds.com
We may make changes or supplement this Policy from time to time. If there are any changes to the Policy, we will post them on the Website to notify users of the changes. Changes to the Policy will apply to the information collected from the date we post the revised Policy on the Website, as well as to existing information held by us. We will obtain the necessary consents required under applicable privacy laws if we (i) change this Policy in a material way, or (ii) seek to collect, use, or disclose Personal Information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law.