Neither the Open Green Building Society, UBC Design Centre for Sustainability, Vancouver Design Nerds, or Recollective Consulting Inc. nor any employee, or client of these organizations warrants the accuracy, reliability or timeliness of any information published by this system, nor endorses any content, viewpoints, products, or services linked from this site and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information. Any person or entity that relies on any information obtained from this site does so at his, her or its own risk.

Last Revised 28 August 2009

OPEN GREEN BUILDING SOCIETY

GREEN BUILDING BRAIN TERMS AND CONDITIONS OF USE

Effective as of: 2009-08-31

Last Revised as of: 2009-11-11

Welcome

Thank you for choosing to visit the Green Building Brain. The Open Green Building Society (the "Society") is a not-for-profit society formed under the laws of the Province of British Columbia. These Terms and Conditions ("Terms of Use") apply solely to your access to, and use of, the Society’s website located at www.greenbuildingbrain.org as well as any other Society-controlled or authorized sites (including, without limitation, any third party vendor sites), regardless of domain name or IP address (collectively, the "Site" or the "Sites") and the features and applications accessible through the Sites (collectively the "Services"). Certain Services may be subject to additional terms and conditions as may be set forth in these Terms of Use, on the Sites or in connection with your use of such Services, and your use of such Services constitutes your agreement to all applicable additional terms and conditions. Further, these Terms of Use are in addition to the terms or conditions of any other agreement you may have with the Society for products, services or otherwise.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, RECOURSES, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITES OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITES OR THE SERVICES.

YOU SHOULD PRINT OR SAVE A COPY OF THIS AGREEMENT FOR YOUR REFERENCE. YOU MAY ALSO RECEIVE A COPY OF THIS AGREEMENT BY SENDING US AN E-MAIL AT [email protected].

Modifications to Terms of Use

The Society reserves the right to change or modify any of the terms and conditions contained in these Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. If the Society changes or modifies these terms and conditions, the Society will post the changes to these Terms of Use on this page and will indicate at the top of this page the date the terms were last revised. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of any of the Sites or the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. It is your responsibility to regularly check the Sites to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Sites and the Services.

In using the Sites and the Services, you represent and warrant that:

(a) you are of legal age to form a binding contract in your country of residence and you are not a person barred from receiving such services under the law of your country of residence; and

(b) your use of the Sites and the Services does not violate any applicable law and regulation.

Privacy Policy

Please refer to our Privacy Policy, for information on how the Society collects, uses and discloses your information.

By accepting these Terms of Use, you acknowledge that you have read the terms of the Privacy Policy and consent to the collection, use and disclosure of your personal information in accordance with these terms.

Licensing

Unless otherwise indicated text (but not photos) on the Green Building Brain is licensed to you under a Creative Commons Attribution – Share Alike 2.5 (Canada) license, as such license may be amended and revised from time to time, (the "Creative Commons License"). All photographs are property of their respective owners. Please contact the coyright holder and/or the photographer for more details. The Society makes no representation or warranty as to the legitimacy of the license of any content or other materials on the Green Building Brain. Before using any content that you have found on the Green Building Brain, you should verify that its license is legitimate and check the exact terms of reuse stated in the license at the source to which it is attributed.

The licensing of Content and Services on Sites operated by third parties are governed by the terms and conditions of use for such Sites and may not be covered under the Creative Commons License. You should read the terms and conditions of use applicable to such third party Sites carefully before using or re-using any content or Services provided on such Sites.

User Content and Conduct

The majority of the content on the Green Building Brain consists of content submitted by users who create new items or edit existing items in the project wiki (the "Project Wiki") by posting data, information, text, music, sound, photos, video, graphics or other items or materials ("Wiki Content"). As well, the Sites or the Services may include public or restricted access discussion forums, or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics or other items or materials on the Sites (together with Wiki Content, "User Content"). You are solely responsible for your use of the Project Wiki and the Interactive Areas and use them at your own risk. 

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:

(a)             User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(b)             User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law, including, without limitation, any securities laws, rules or regulations;

(c)             User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

(d)             User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

(e)             Unsolicited promotions, political campaigning, advertising, spamming or solicitations;

(f)             Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Insurance Numbers and credit card numbers;

(g)             Viruses, corrupted data or other harmful, disruptive or destructive files; and

(h)             User Content that, in the sole judgment of the Society, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose the Society or its users to any harm or liability of any type.

You further agree not to access or attempt to access the Project Wiki or any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic areas of the Project Wiki or any nonpublic Interactive Area by any unauthorized user.

The Society takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is the Society liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Project Wiki and Interactive Areas is at your own risk. As a provider of interactive services, the Society is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page, in the Project Wiki or other Interactive Area. Although the Society has no obligation to screen, edit or monitor any of the Content posted in the Project Wiki or any Interactive Area, the Society reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post on the Sites or through the Services at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites or the Service in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Project Wiki, the Interactive Areas and/or the Sites or the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the Society’s systems and customers, or, to the extent allowed by applicable law, to ensure the integrity and operation of the Society’s business and systems, the Society may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. The Society’s right to disclose any such information shall govern over any terms of the Society’s Privacy Policy.

Unless otherwise indicated on the Sites or in connection with your use of the Services, if you post User Content to any of the Sites or in connection with the Services, you retain all rights in and to such User Content. You grant the Society and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media and acknowledge you have read the Creative Commons License and expressly consent to the sublicensing of the User Content under its terms. You grant the Society and its affiliates and sublicensees the right to use the name and/or user name that you submit in connection with such content, in accordance with the Creative Commons License. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content that you post is fully compatible with the Creative Commons License and that such content is not subject to a more restrictive license which would inhibit the ability of the Society to sublicense the User Content under the Creative Commons License; (c) the User Content is accurate and not misleading; and (d) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

Copyright Complaints

If you believe that any material on any of the Sites infringes upon any copyright which you own or control, you may send a written notification of such infringement to the following address:

Open Green Building Society
c/o The HiVE 210-128 Hastings St W
Vancouver, BC
Canada V6B 1G8

[email protected]

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. The Society may remove any content subject to an infringement notification at its sole discretion, and such content removal shall not constitute an admission of any copyright infringement by such content.

Repeat Infringer Policy

In accordance with the Copyright Act and other applicable law, including without limitation the Digital Millennium Copyright Act (US), the Society has adopted a policy of terminating, in appropriate circumstances and at the Society’s sole discretion, account holders who are deemed to be repeat infringers. The Society may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Trademarks

All logos and any other product or service name or slogan contained in the Sites are trademarks of the Society or its suppliers, licensors, partners, sponsors, associates or affiliates and may not be copied, imitated or used, in whole or in part, without the express prior written permission of the Society or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Open Green Building Society", "Green Building Brian" or any other name, trademark or product or service name of the Society or any of its affiliates without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Society and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, registered trademarks, product names mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to publicly available Sites, provided such link does not portray the Society or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the Society logo or other proprietary graphic of the Society to link to these Sites without the express prior written permission of the Society. Further, you may not use, frame or utilize framing techniques to enclose any the Society trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without the Society’s express prior written permission. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Society or any third party.

The Society makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of any third-party Sites or other websites accessible by hyperlink from the Sites, or such websites linking to the Sites. Such sites are not under the control of the Society and the Society is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Society provides these links to you only as a convenience, and the inclusion of any link or any Society trademark or text hyperlink to the Sites does not imply affiliation, endorsement or adoption by the Society of any such site or any information contained therein. When you leave the Sites, you should be aware that the Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

Third Party Content and Applications

In addition to official pages on the Sites containing the content of the Society in support of the Society’s mission or related administrative business, our Sites include third party content and provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information, including content and views of such third parties. The views expressed in such Third Party Content should not be construed as representing the views of the Society. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the "Third Party Applications"). The Society does not actively monitor Third Party Content or Third Party Applications and makes no representations or warranties as to the accuracy, completeness, content or usage of such Third Party Content or Third Party Applications. The Society is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use of or access thereto. In addition to these Terms of Use, Third Party Content and Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Your use of such Third Party Content and Third Party Applications is at your own risk.

Third-Party Products, Services, Advertisements and Promotions

The Society may provide information about or links to third-party products or services on the Sites or may run third-party advertisements or promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. The Society is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Society advertisers or third party information on the Sites.

Submitting Suggestions Relating to Site(s) or Services

From time to time, the Society may invite users to submit feedback or suggestions relating to the Site, the Society or any related Services, including suggestions and comments made in bugs and feature requests area ("User Suggestions"). You acknowledge and agree that any User Suggestions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information specifically relating to the design, functionality and/or other such aspects of the Sites, the Services or the Society provided by you, whether in the form of e-mail or other suggestion submissions to the Society, or postings on the Sites, are non-confidential and shall become the sole property of the Society. You further represent and warrant that any User Suggestions provided by you will not infringe the copyright or any other right of any person, breach any contract or duty of confidence, constitute a contempt of court, be defamatory or be calculated to bring any publisher or broadcaster into disrepute. The Society shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Registration Data; Account Security

In consideration of your use of any of the Sites and the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain and be solely responsible for the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Society, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Society. You must immediately notify the Society of any unauthorized use of your username and password. The Society shall not be liable for any loss, liability, harm or damages of any sort arising out of or relating to any unauthorized use of such username or password.

Export Restrictions

Any software and all underlying information and technology downloaded or viewed from this Site or in connection with the Services (collectively the "Software or Technical Data") by you may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user.

Indemnification

You agree to defend, indemnify and hold harmless the Society, its volunteers, employees, directors, officers, agents, independent contractors, service providers and consultants, and their respective directors, employees, mandataries and agents (collectively, the "Indemnified Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Sites, the Services and any User Content you post, store or otherwise transmit on or through the Sites, the Services or your use of the Project Wiki and/or Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties arising out of or relating to the User Content, your conduct, your violation of these Terms of Use your violation of the rights of any third party.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE SOCIETY, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SOCIETY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED OR LEGAL WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. THE SOCIETY DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE SOCIETY DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SOCIETY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. THE SOCIETY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, THE SOCIETY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

The Society reserves the right to change or delete any and all content contained in the Sites and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Society.

Limitation of Liability

IN NO EVENT SHALL THE SOCEITY, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, VOLUNTEERS, MANDATARIES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) EXTRA-CONTRACTUAL LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM THE SOCIETY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, FORCE MAJEURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SOCIETY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SOCIETY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), EXTRA-CONTRACTUAL LIABILITY, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE SOCIETY FOR ACCESS TO OR USE OF THE SITES.

Applicable Law and Venue

These Terms of Use and your use of the Sites and the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein applicable to agreements made and to be entirely performed within the Province of British Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the provincial and federal courts located in British Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Termination

Notwithstanding any of these Terms of Use, the Society reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, the Services or any portion thereof, and to block or prevent future access to and use of the Sites or any of the Services.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information

Questions or comments about these Terms of Use or the Sites may be directed to the Society at the e-mail address [email protected] or by calling us at 1-866-500-0940.

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