Terms

Our Terms and Conditions of Use (the “Terms”) have changed.  These Terms are effective as of July 1, 2013. 

The Green Building Alliance, a Pennsylvania nonprofit corporation, strives to ensure that everyone from every socioeconomic background is able to work, live, learn, and play in a healthy and high performing place.  In furtherance of this mission, the Green Building Alliance (hereinafter, “GBA”, “we”, “us”, or “our”) maintains a website and subdomains at www.go-gba.org and www.gbapgh.org (hereinafter, collectively, the “Site”).  These Terms constitute a contract between GBA and any individual (each, “you”, “your”, or a “User”) who uses the Site, and these Terms govern the use of the Site by any User.

Please read these Terms carefully before accessing the Site as the Terms apply to the Site and all products and services GBA offers on the Site and constitute an agreement between you and GBA.  Unless we agree otherwise in writing, your contract with us always includes the Terms.  By accessing the Site, you signify that you have read these Terms and agree to be bound by them and our Privacy Policy, which is incorporated herein.

We may update these Terms and the Policy from time to time.  Please check these Terms periodically for changes.  Each time you use the Site, the current version of these Terms and the Policy will apply.  If you do not agree with the Terms or the Policy, you may not access or otherwise use the Site.

Application of These Terms
By accessing the Site, you are agreeing to be bound by these Terms, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws.  If you do not so agree, you are prohibited from using or accessing the Site.  The materials contained on the Site are protected by applicable copyright and trademark law.

Use License
We grant you a limited, nontransferable license to make personal use of the Site on one computer or mobile device in accordance with these Terms and all applicable laws.  This license includes permission to temporarily download one copy of the materials (information or software) from the Site for personal, non-commercial transitory viewing only (the “Materials”).

This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the Site or the Materials;
  • use the Site or the Materials for any commercial purpose or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on the Site;
  • remove any copyright or other proprietary notations from the Materials; or
  • transfer the Materials to another person or “mirror” the Site or the Materials on any other server.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by GBA at any time.  Upon terminating your viewing of the Site or the Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.

GBA retains the right, without notice and at any time, to modify, suspend, or discontinue the available of all or any part of the Site or to charge a fee for parts of the Site that may have been previously provided at no charge.  GBA is not liable to any User or third party for any modification, suspension, or discontinuance of all or any part of the Site.

Disclaimer
All content available on the Site are provided “as is”.  GBA makes no warranties, expressed or implied, regarding the content on the site and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, availability, fitness for a particular purpose, non-infringement of intellectual property, or other violation of rights.  Further, GBA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content on the Site or otherwise relating to such content or on any sites linked to the Site.  GBA and its contractors do not warrant or represent that your access to or use of the site, any content, or any site linked to the site is free of computer viruses or other harmful components.

The content appearing on the Site could include technical, typographical, or photographic errors.  GBA does not warrant that any of the content on the Site is accurate, complete, or current.  GBA may make changes to the content contained on the Site at any time without notice, but GBA does not make any commitment to update the content.

In no event shall GBA, its contractors, or any of its or their respective directors, officers, employees, or agents, be liable to you for any consequential, incidental, indirect, punitive, or special damages whatsoever (including damages for delay, loss of business profits, business interruption, loss of business information, and the like), whether FORESEEABLE or unforeseeable, arising out of these Terms, the use or inability to use the Site, or any purchase or donation made through the Site, regardless of the basis of the claim and even when GBA or its contractor or agent has been advised of the possibility of such damages.

In no event will gba’s aggregate liability to you for all damages for any cause whatsoever, regardless of the form of action, whether statutory, contract, or tort (including negligence) exceed the fees paid to gba for the product or service forming the basis of the claim.  These limits apply to anything related to the Terms, the Policy, the Site, any content on Third Party Sites, as defined below, and all claims for breach of contract (whether for the purchase of products or services or otherwise), breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.  YOU EXPRESSLY AGREE NOT TO SEEK TO RECOVER ANY DAMAGES, INCLUDING DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, RELATED TO YOUR USE OF THE SITE.

Links
This Site contains links to web sites owned by third parties (each a “Third Party Site”).  A User that clicks on a link on the Site to a Third Party Site (a “Third Party Link”) will leave the Site.

These Third Party Links are provided solely as a convenience to you.  GBA has not reviewed all of the Third Party Sites and is not responsible for the contents of any Third Party Site.  The inclusion of any Third Party Link does not imply endorsement by GBA of the website to which such link leads or of the third party operating such site.  A Third Party Site may have its own privacy policy and terms and conditions of use that will apply to use of the Third Party Site.  Use of any Third Party Link is at the User’s own risk.  By clicking on the link to visit the Third Party Site, you agree that you do so at your own risk, that it is your responsibility to take all protective measures to guard against viruses or other destructive elements, and that GBA is 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 content on a Third Party Site.

Intellectual Property Rights
Unless otherwise noted, all content on the Site, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual, or downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the Site, is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by GBA.  By accessing the Site, you acknowledge that GBA exclusively holds all rights, titles, and interests to content on the Site.

Other than as specifically provided herein, you may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute, or commercially exploit any content on the Site or use data mining, robots, or similar data gathering and extraction tools.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information, including images, text, page layout, or form of GBA materials or the Site without our express, written consent.  You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, written consent.  You may not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Site or create or attempt to create a substitute or similar Site.

No Endorsement of Third Party Site Material
The Site 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, GBA does 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, approval, or guarantee of any information, instruction, opinion, products, or services contained within the Third Party Site Material.

Fees and Prices
Fees and prices posted on the Site are accurate only as of the date posted and are subject to change.  For current fee information, please contact us by sending an email to the email address listed below.

Digital Millennium 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.  If you believe that your copyright is being infringed by any material viewed on the Site, please contact us by sending an email to the email address listed below.

Indemnification
You agree to defend, indemnify, and hold harmless GBA, its affiliates and agents, and our and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, but not limited to, reasonable attorney’s fees and court costs) arising out of or relating to your breach of these Terms or your access to, or use of, the Site.  The foregoing indemnification shall survive termination of these Terms.

Children and Privacy
The Site is not directed to children under the age of 18.  By accessing or using the Site, you represent to GBA that you are 18 years of age or older.

Registration; Customer Accounts; Use of the Site
Certain services offered on or through the Site require you to first open an account.  You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account.  You agree to notify us immediately of any unauthorized use of your account or password or any other breach of security.  You may be held liable for losses incurred by us or any other User due to someone else using your password or customer account.  You may not use anyone else’s password or customer account.  You may not attempt to gain unauthorized access to the Site, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account.

Governing Law
Any claim relating to the Site shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions.  You and GBA agree to submit to the personal and exclusive jurisdiction of state and federal courts located in Pittsburgh, Pennsylvania.

Entire Agreement
These Terms, together with the Policy, describe and encompass the entire agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the contents, and materials provided by or through the Site, and the subject matter of these Terms.

Changes to these Terms
GBA may update these Terms at any time and without prior notice in GBA’s sole discretion.  When we do, we will post a notification on the main page of our Site.  We encourage Users to frequently check this page for any changes; changes to these Terms will apply to the information collected from the date we posted any revised Terms as well as to existing information we hold, regardless of whether the User actually reviewed the changes.  You acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of modifications.

Your Acceptance of These Terms
By using this Site, you signify your acceptance of these Terms.  If you do not agree to these Terms, please do not use the Site.  Your continued use of the Site following the posting of changes to these Terms will be deemed your acceptance of those changes.

Contacting Us
If you have any questions about these Terms and Conditions of Use, the practices of the Site, or your dealings with the Site, please contact us at:
Green Building Alliance
33 Terminal Way, Suite 331 Pittsburgh, PA 15219
412-431-0709
info@gbapgh.com
www.go-gba.org

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