Legal Terms and Conditions
Welcome! Please Read This Page
This page states the Terms and Conditions (“Terms”) under which you, the
Web Site visitor ("You" or “Your” or “Yourself”) may use
this Web site (“Our Site”), which is owned by the U.S. Green Building
Council, Inc. (“USGBC”) (“We” or “Us” or “Our”). By
using this Web site, You agree to be bound by all of the Terms and
Conditions set forth below. If You do not accept these Terms and
Conditions, please do not use this Web site. We may, in Our sole
discretion, revise these Terms and Conditions at any time; therefore, You
should visit this page periodically to review the Terms and Conditions.
Having such access to and use of the Site (including the content of such
Site) through Us is collectively referred to as "the Service(s)."
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR
OTHERWISE ACCESS THE SITE.
You may use Our Site for legal purposes only. Your rights to use
this Site may be further limited by federal law or the laws or regulations
in Your particular state or locality.
Your Acceptance of the Terms and Conditions
The Terms constitute a legal agreement between You, as a visitor to the
Site, and Us. Any information provided by You is also subject to Our Privacy
Policy, which is incorporated by reference into the Terms. By
using the Services, You acknowledge and agree that You have read and agree
to the terms in Our Privacy
Policy. Additional terms and conditions of use may also be posted
directly on other areas of the Site, and together with the Terms, as amended
from time to time, are collectively referred to as the
"Agreement." We reserve the right to modify any or all of this
Agreement at any time, and such change will be effective immediately upon
its publication on Our Site. You agree to be bound by the terms and
conditions of this Agreement, and any modifications thereof, as long as You
continue to access and use the Services. Because of the possibility
that the Agreement could change between visits, You also agree to check the
Terms of the Agreement each time You return. Your continued access to
or use of Our Site Content (defined below) shall be deemed Your conclusive
acceptance of modifications to this agreement.
The Rights We Grant to You, the Site Visitor
The contents of this Web site, such as text, graphics, images, video and
other content (the "Site Material"), are protected by copyright
under both United States and foreign laws. We authorize You,
non-exclusively and non-transferably, to view and download a single copy of
the Site Material for Your personal use. This authorization is not a
transfer of title in the Site Content or copies of the Site Content.
Unauthorized use of the Site Material violates copyright, trademark, and
other laws. You agree to retain all copyright and other proprietary
notices contained in the original Site Material on any copy You make of such
material. You may not sell or modify Our Site Material or reproduce,
display, distribute, or otherwise use the Site Material in any way for any
public or commercial purpose. The names, marks and logos included in
the Site Material are, unless otherwise noted, registered and/or common law
trademarks owned by or licensed to Us. Marks not belonging to Us
belong to their respective third party owners and We claim no rights in
them. The use of these marks or the Site Material, except as provided
in these Terms and Conditions, is prohibited.
We Welcome Your Comments
We welcome Your comments on Our Web site and services at info@usgbc.org.
You acknowledge, however, that if You send Us comments, praise, creative
suggestions, ideas, notes, drawings, concepts, inventions or other
information (collectively, but excluding personally-identifying information
about You, the "Information"), You grant to Us a non-exclusive,
perpetual, royalty-free, freely transferable license to use, practice,
exploit, modify and sublicense such Information for any purpose whatsoever,
commercial or otherwise, throughout the universe. Please note that any
communication or other materials that You post to Our Web Site or transmit
to Us over the Internet is considered to be, and will be treated as,
non-confidential, unless the Web page through which information is submitted
expressly states otherwise. For more information about confidentiality
and privacy issues, please read Our privacy statement, below, and Our Privacy
Policy .
Site Content
You acknowledge that the Service contains "Site Content," which
collectively refers to any of the following owned by Us or certain third
parties as specified hereunder: any text, graphics, images, information,
software, audio and video clips, links, logos, icons, and other material,
including but not limited to proprietary and confidential information,
copyrights, patents, trade secrets, trade dress, service marks and
trademarks, including the Marks (as defined below). Any Site Content
owned by Us is referred to herein as "Our Site Material."
Site Content may also include "Third Party Site Material" and
"User Information," both as defined below. Our Site Material
may include technical inaccuracies or typographical errors. We reserve
the right to make changes and updates to any information contained on Our
Site without prior notice.
Rights to the Site Content
All Site Content, in whole or in part, is protected by all applicable
copyright laws, international conventions or treaties, and any other
intellectual property or proprietary laws, and, unless in the public domain,
belonging to third parties, or unless otherwise stated, is owned by Us,
whether or not such rights are expressly identified in, or in connection
with, such Site Content.
You understand and agree that You may not remove, alter or cover any
copyright or other proprietary notices placed on Our Site. No other
license to use any of the Site Content is given or implied without the
respective owner's prior written consent. You may not transfer the
Site Content to any other person unless You give him or her notice of, and
s/he agrees to accept, the obligations arising under these Terms. You
agree that You will not refer to or attribute any information to Us in any
public medium (regardless of form) for advertising, public relations,
marketing or other purpose (including informing or influencing any third
party).
Unless otherwise specified hereunder, You may not sell, rent, modify,
reproduce, display, distribute, redistribute, republicize, retransmit,
participate in the transfer or sale, create derivative works, or in any way
exploit or otherwise use the Site Content, in whole or in part, in any way
without the respective owner's prior written consent.
The names, marks, logos and/or text appearing on the Site Content
("Marks") are registered and unregistered trademarks owned by Us
and protected under all applicable laws, except as otherwise noted on the
Site. Unless otherwise specified hereunder, such Marks may not be used
in any way that is not expressly authorized by Us or the respective owner,
in any manner that is likely to cause confusion among the public about Us or
Our business (or the respective owner and its business), or in any manner
that disparages or discredits Us (or the respective owner and its business).
You agree that You will not copy or reproduce any Mark of Ours, unless
specifically authorized to do so, to imply an endorsement by or relationship
with Us.
I
User Rules and User Information
As a user of the Service, You agree to carefully read and abide by the
Agreement, including any user rules of conduct as specified below. You
must be over 18 to access and use Our Site and Services. If You are
over 18, You agree to take full and active responsibility to prevent the use
of Our Site and Services by any children under 18 You may be responsible for
as a parent or legal guardian. If You are under 18, You may not access
and use the Site and Services without Your parent's or legal guardian's
supervision.
We do not want You to, and You should not, post any confidential or
proprietary information to Us via Our Site. You acknowledge and agree
that transmissions and communications to and from the Site, including
transmission of any User Information (defined below), are not confidential,
and may be read or intercepted by others. You also acknowledge that if
You transmit any communication to Our Site You are solely responsible for
its accuracy and completeness. By posting messages, uploading files,
inputting data or information, or engaging in any other form of
communication via the Site or to produce any information for the Site
(collectively referred to as "User Information"), You give Us an
irrevocable, unrestricted, worldwide, royalty-free license to use such User
Information through the Service in any way, unless otherwise specified in
the Agreement. All User Information is governed by Our Privacy
Policy . Should You provide Us with information, including but not
limited to feedback, data, answers, questions, comments, suggestions, plans,
ideas or the like, such information shall be deemed to be nonconfidential
and We assume no obligation to protect such information from disclosure,
except insofar as provided for in Our Privacy
Policy. The submission of such information to Us shall in no way
prevent the purchase, manufacture or use of similar products, services,
plans and ideas by Us for any purpose whatever and We shall be free to
reproduce, use, disclose and distribute the information to others without
restriction. We shall be free to use the content of any such
communications, including any ideas, inventions, concepts, techniques or
know-how disclosed therein, for any purpose including developing,
manufacturing and/or marketing goods or services. Unless otherwise
specified, You waive all rights to any claim against Us for any alleged or
actual infringements of any proprietary rights, intellectual property
rights, rights of privacy and publicity, moral rights, and rights of
attribution in connection with such User Information. We disclaim any
liability for disclosure of User Information as a result of errors in
transmission by third parties or unauthorized acts of third parties.
Improper Use of Our Site
You agree that You will not use Our Site to post, transmit or distribute, or
cause to be posted, transmitted or distributed, any material that (1)
violates any local, state, national or international laws; (2) violates the
proprietary rights, intellectual property rights (including without
limitation copyright and trademark rights), rights of privacy or publicity,
moral rights, rights of attribution, or any other related rights of others;
(3) is intended to advertise or solicit business including but not limited
to any multi-level marketing scheme; (4) purports to be provided by another
person; (5) is obscene, harassing, threatening, defamatory, libelous, or
abusive; or (6) is a chain letter or part of a pyramid scheme. You
agree not to impersonate any person or entity or otherwise misrepresent Your
affiliation with a person or entity. You agree not to
"stalk" or otherwise harass another or store personal data about
other users. You may not introduce any material into Our Site that
contains any viruses, Trojan horses, worms, time bombs, or other computer
programming routines that may damage, interfere with, or appropriate Our
Site or any information residing on Our Site. We reserve the right to
delete any information You post on Our Site that We in Our sole discretion
determine to be inaccurate, violative of law or otherwise violative of Our
policies. If You use, or attempt to use, Our Site or its Content for
improper purposes including without limitation tampering, hacking,
modifying, or otherwise corrupting the security of Our Site, You will be
responsible for all damages including, but not limited to, criminal
prosecution and civil and criminal penalties.
Digital Millenium Copyright Act Notice
We respect the rights of copyright owners and expect You to comply with U.S.
copyright law. We have procedures in place to protect the rights of
copyright owners in the event of alleged infringement, in accordance with
the Digital Millennium Copyright Act (“DMCA”). If You believe that
Your copyright is being infringed by any material viewed on this Web Site,
please send a notice, in accordance with the DMCA, to Our designated agent.
We reserve the right to expel users and prevent their further access to
this Web site for violating these terms or the law and reserve the right to
remove any communications from this Site.
Disclaimer of Warranties
Although We strive for accuracy in all elements of the Site Material, it may
contain inaccuracies or typographical errors. We make no
representations about the accuracy, reliability, completeness, or timeliness
of the material on this Web Site or about the results to be obtained from
using Our Site. You use Our Site and its material at Your own risk.
WE DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR
THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE'S MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL
NOT BE RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND ITS MATERIAL ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, OF NON-INFRINGEMENT OF
THIRD PARTIES' RIGHTS, AND OF FITNESS FOR A PARTICULAR PURPOSE. WE AND
OUR AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS ON THIS WEB SITE.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR
SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE AND/OR ANY AFFILIATE IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Fees
Fees posted on this Web site are accurate only as of the date posted, and
are subject to change. For up-to-date fee information, please contact info@usgbc.org.
Links
This Web site contains links to Web sites owned by third parties (“Third
Party Sites”). Should You utilize these links, You will leave Our
Site. If You decide to visit any linked site, You do so at Your own
risk and it is Your responsibility to take all protective measures to guard
against viruses or other destructive elements. You also agree that We
are not responsible or liable for any direct or indirect damage or loss
caused, or alleged to be caused, by or in connection with the use of or
reliance on any such content, products or services. These links are
provided solely as a convenience to You and are not an endorsement by Us of
the contents on those other sites, which content may change at any time
without notice to Us. We are not responsible for the content of any
linked sites and make no representations regarding the content or accuracy
of materials on such sites, nor do We make any representations regarding the
privacy practices of such sites. If You are concerned about the
privacy practices of an outside site, please consult its privacy policy; the
privacy protection provided on Our Web site may not be available at the
external link. We are not responsible or liable for applications,
admissions, hiring and employment practices and access to services,
programs, institutions and services of such Third Party Sites. We are
not responsible for any misuse of intellectual property found on those
sites.
No Endorsement of Third Party Site Material
Our Site Content may include information, products or services provided by
third parties on, linked to, or framed within, the Site ("Third Party
Site Material"). Third Party Site Materials are the opinions and
creations of the authors and/or owners identified in those materials.
As such, We do not assume any responsibility or liability for any Third
Party Site Material. Our publication of Third Party Site Material does
not constitute Our endorsement, warranty or guarantee of any information,
instruction, opinion, products or services contained within the Third Party
Site Material.
Our Management of Site Content
We reserve the right, in Our sole discretion, to establish practices
regarding a visitor's use of the Service and storage of any Site Content
posted on the Site. We have no responsibility or liability for the
deletion or failure to store any Site Content and any other communications
maintained or transmitted through the Service.
You also understand that We may not necessarily prescreen or monitor Site
Content, but reserve the right, in Our sole discretion, to refuse or remove
any such content available via the Service for any reason at any time and
with no explanation. We reserve the right to modify, reject or
eliminate any information residing on or transmitted to Our Site that We, in
Our sole discretion, believe is unacceptable or in violation of the
Agreement.
We may preserve, disclose or review any Site Content if required to do so
by law or in a good faith belief that such action is reasonably necessary to
comply with any legal process, enforce the Agreement, respond to any claim
regarding the violation of any third parties, or protect the rights,
property or personal safety of Us or any visitors to Our Site.
Indemnification
By using this Site, You agree to indemnify, defend and hold harmless Us and
all of Our officers, directors, agents, employees, contractors, and
information and service providers ("Indemnified Parties") from any
claim, demand, losses, damages, costs, and/or expenses including reasonable
attorney’s fees, accounting fees, and related costs, including court
costs, attributable to or arising from Your posting of User Information
through the Service, Your use of the Service, Your use of the Site Content,
Your conduct through the Service, Your communications to third parties
through the Service, Your violation of these Terms, and/or Your violation of
any other rights related to the Service. We reserve the right to
assume or participate, at Your expense, in the investigation, settlement and
defense of any such action or claim.
Termination of or Change in Service
We may immediately, at any time and in Our sole discretion, (1) terminate or
limit Your use of or access to the Service, or any part thereof, or (2)
remove and discard any Site Content within the Service, for any reason,
including without limitation, Your lack of use, Your breach of any terms and
conditions hereunder, or if We believe You have violated or acted
inconsistently with the letter or spirit of the Agreement. We may
change, suspend or discontinue any aspect of the Site or Service, or any
part thereof, or impose any limits on any feature or service, including the
availability of any Site feature, database, or Site Content for any reason,
at any time, and without notice. You agree that We will not be liable
in any way to You or to any third party for any actions We take as described
herein or otherwise.
One Year Limit
You agree that regardless of any contrary statute or law, any claim or cause
of action arising out of or related to use of the Service or these Terms, or
alleged to arise out of or to be related to use of the Service or these
Terms, must be filed within one (1) year after such claim or cause of action
arose, or be forever barred.
Survival of Certain Provisions
The termination of these Terms for any reason will not terminate the
obligations or liabilities of the parties under these Terms regarding
warranties, liabilities, proprietary rights and all others that by their
sense and context are intended to survive the execution, delivery,
performance, termination and expiration of the Agreement.
E-Mail
Our Site provides opportunities to e-mail various individuals. This
functionality is for business purposes only; do not disclose any personal
information about Yourself. Do not use the e-mail service to reveal
information about Your financial circumstances, including without limitation
assets, liabilities, or debts.
Governing Law
These Terms are governed, construed and enforced in accordance with the laws
of the District of Columbia, without giving effect to its conflicts of law
rules. Before seeking legal recourse for any harm You believe You have
suffered from Your access to Our Site, You will give Us written notice
specifying the harm and thirty (30) days to cure the harm after providing
such notice before initiating any action.
Except for Our claim for injunctive relief in any court having
jurisdiction, You and We agree to submit to the personal and exclusive
jurisdiction of the District of Columbia courts. By accessing the Site
and using the Service, You waive any defense of an inconvenient forum and of
jurisdiction on account of place of residence or domicile, and You agree
that You waive Your right to a jury trial.
Location
This Site originates from Washington, D.C. Therefore, We make no
representations that the information on Our Site is appropriate or available
for use in any location other than the District of Columbia, including any
location outside of the United States. Access to the Site from other
territories is strictly prohibited if such access is illegal in such
jurisdiction. You agree that Your decision to access Our Site is done
solely on Your own initiative, and that You are solely responsible for
complying with any applicable laws regarding such access.
International Users
We make no representation that Our Site Content is appropriate or available
for use in any jurisdictions or countries other than the United States.
You may not use Our Site or export Site Content in violation of U. S. export
laws and regulations. Given the global nature of the Internet, You
agree to comply with all local rules (from where You physically reside)
regarding Internet conduct and content. You also agree to comply with
all applicable laws regarding the transmission of technical data exported
from the United States or the country in which You physically reside.
Export Control Laws
The export and re-export of USGBC products are controlled by the United
States Export Administration Regulations and such products [or software, or
both] may not be exported or re-exported to any country to which the United
States embargoes goods. In addition, USGBC products may not be
distributed to persons on the Table of Denial Orders, the Entity List, or
the List of Specially Designated Nationals. By ordering a USGBC
product you are certifying that you are not a national of any country to
which the United States embargoes goods and that you are not a person on the
Table of Denial Orders, the Entity List, or the List of Specially Designated
Nationals.
Miscellaneous Terms
This Agreement constitutes the entire agreement between You and Us, and
supersedes any prior agreements between You and Us. You may also be
subject to additional terms and conditions which may apply when You use any
third party content, software or other proprietary information. If any
provision under this Agreement is held by a court of competent jurisdiction
to be invalid or unenforceable for any reason, the remaining provisions will
continue in full force without being impaired or invalidated in any way.
Our failure to exercise or enforce any right or provision of this Agreement
will not constitute a waiver of such right or provision. We may assign
Our rights and obligations under this Agreement at any time and without
notice to You. The section headings used in this Agreement are for
convenience only and have no legal effect.
All employment-related information on this Web site is subject to
modification or elimination at Our sole discretion. Nothing on this
site creates an express or implied contract of employment.
We do not practice law or accounting or give legal, accounting, tax, or
financial advice.
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