Terms & Conditions

Canvas Construction Inc.

Waitlist Agreement

IMPORTANT- READ THIS

CANVAS WAITLIST AGREEMENT (“AGREEMENT”). BY CLICKING “I ACCEPT” OR PROCEEDING WITH MAKING THE DEPOSIT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH CANVAS CONSTRUCTION, INC. (“CANVAS”, “WE” OR “US”) AS AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE “I DO NOT AGREE” BUTTON AND YOU WILL NOT BE ABLE TO SIGNUP FOR THE WAITLIST OR MAKE A DEPOSIT FOR A CANVAS MACHINE (“MACHINE”). THE DATE THAT YOU AGREE TO THIS AGREEMENT IS THE “EFFECTIVE DATE.” This Agreement is between You and Canvas only. You agree that you are located in the United States of America.

By signing up for the waitlist and paying the applicable deposit this secures your placement on the waitlist to later lease a Canvas 1200CX Machine. It does not constitute the purchase, lease or order of a Machine. Until you enter into a lease agreement with Canvas, Canvas may cancel the waitlist and your spot on the waitlist for a Machine at any time, for any reason, including without limitation if we discontinue producing Machines or if we determine that you are acting in bad faith. You may also elect to cancel and terminate your spot on the waitlist at any time on written notice to us. If we or you so cancel, you will receive a full refund of your deposit, generally within seven (7) business days of the date you request the refund.

When we are closer to production and/or delivery, we will contact you based on your position on the waitlist by telephone or email and ask you if you would like to enter into the lease. Once you are contacted, you will have two (2) weeks from the time of our initial contact to confirm whether or not you would like to proceed with the Lease. Pricing for each Machine depends on the selected features for the particular Machine lease.  If we are unable to contact you or we do not receive a response from you within two (2) weeks, we will move you to the end of the waitlist. If you confirm you would like to continue with the lease of the Machine, we will then create an order for your Machine and you will receive a separate lease agreement indicating the lease terms of the Machine, plus estimates of any applicable taxes, duties, transport and delivery charges, and any other applicable fees. If you decide to not move forward with the lease after you have been notified that a Machine is available, we will refund your deposit in full.

Unless we extend the time period, you will have up to four (4) weeks from the date that we provide you with the order and lease agreement to execute the lease agreement with us. If you proceed with the lease of the Machine, we will apply your deposit towards the order payment.

You understand that we will not hold your deposit separately or in an escrow or trust fund or pay any interest on your deposit. Your waitlist spot is not transferable or assignable to another party without the prior written approval of Canvas.

Our Privacy Policy is incorporated into this Agreement and can be viewed at https://www.canvas.build/privacy-policy/.

Agreement to Arbitrate. Please carefully read this provision, which applies to any dispute between you and Canvas. If you have a concern or dispute, please send a written notice describing it and your desired resolution to; sales@canvas.build. If not resolved within sixty (60) days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Canvas will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our Machines. We will pay all AAA fees for any arbitration, which will be held in the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org. The arbitrator may only resolve disputes between you and Canvas, and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing Machines. In other words, you and Canvas may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated. If you prefer, you may instead take an individual dispute to small claims court. You may opt out of arbitration within thirty (30) days after signing this Agreement by sending a letter to: Canvas Construction, Inc. 1960 Folsom Street, San Francisco, CA 94103, and confirming your intent to opt out of the arbitration provision. If you do not opt out, this Agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract. If a claim is brought by one party against the other party in connection with this Agreement, the prevailing party shall be entitled to recover its reasonable fees and costs, including but not limited to attorneys’ fees, expert witness fees, consultant fees, and related costs and expenses.

NEITHER CANVAS NOR ITS LICENSORS SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF CONTENT OR DATA OR ANY ACTUAL OR ANTICIPATED DAMAGES, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF CANVAS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CANVAS’ DIRECT DAMAGES EXCEED ONE THOUSAND DOLLARS (US $1000.00). Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your deposit.

This Agreement shall be governed by the laws of the State of California, U.S.A. without regard to conflict of laws principles. If any provision hereof is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the remaining provisions of this Agreement shall not be affected thereby. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Nothing contained herein shall be construed as creating an agency, partnership, or other form of joint enterprise between the parties. This Agreement may not be assigned, sublicensed or otherwise transferred by either party without the other party’s prior written consent except that either party may assign this Agreement without the other party’s consent to any entity that acquires all or substantially all of such party’s business or assets, whether by merger, sale of assets, or otherwise, provided that such entity assumes and agrees in writing to be bound by all of such party’s obligations under this Agreement. This Agreement constitutes the parties’ entire understanding regarding the waitlist for the Machine, and supersedes any and all other prior or contemporaneous agreements, whether written or oral.