TERMS & CONDITIONS
The Arizona Chapter
of the
U.S. Green Building Council, Inc.
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 Arizona Chapter of the U.S. Green
Building Council, Inc. ("USGBC-AZ") ("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. 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.
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 Millenium 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 Us.
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 State of Arizona, 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 State of Arizona 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 Phoenix, AZ Therefore, We make no representations
that the information on Our Site is appropriate or available for use in
any location other than the Arizona, 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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