The Green Building Brain does not warrant 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
GREEN BUILDING BRAIN TERMS AND CONDITIONS OF USE
Effective as of: 2009-08-31
Last Revised as of: 2009-11-11
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].
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.
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.
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.
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: [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.
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.
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", "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.
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 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.
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.
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.
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.
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.
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.