GreenFormat Terms of Use
This Agreement was last updated September 23, 2008.
GreenFormat is a standard for the presentation of sustainable design characteristics of products and an associated database and web resource that provides access to product information (hereafter "GreenFormat") provided by the Construction Specifications Institute, Inc. (CSI).
All use of the GreenFormat pages is subject to the terms and conditions set forth below. By using GreenFormat, you (hereafter "you" or "User") represent that you are 18 years old or older and agree to abide by the following terms and conditions.
The terms "you" or "User" refer to the user of GreenFormat.
CSI reserves the right to change the terms of this Agreement. The current version of the Agreement will be made available on GreenFormat (http://greenformat.com) and linked from the home page. If at any time changes to the Agreement render its terms unacceptable, you may terminate your subscription as described below under "Term and Termination." Use of GreenFormat following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.
Definitions
GreenFormat contains two types of content:
1. "GreenFormat Content" means information entered into GreenFormat by employees and authorized representatives of CSI, including but not limited to, the basic GreenFormat structure and questionnaire.
2. "Product Listing Content" means any other information entered into GreenFormat by Users, product manufacturers, or other persons, such as product description listings.
Intellectual Property
You acknowledge that CSI, its licensees, affiliates, and/or third parties own all right, title and interest in GreenFormat and portions thereof provided through or in conjunction with GreenFormat.com, including without limitation all intellectual property rights. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code, data, or functionality from the GreenFormat database, standard, or website. Third-party site integration, whether by use of iFrame, page frames, or any other embedding technology, is explicitly forbidden without written consent or license by CSI. You also agree to not remove, obscure, or alter CSI’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through GreenFormat.com.
Use of GreenFormat
CSI hereby grants you a non-exclusive, non-transferable license to access and use GreenFormat under the terms described in this Agreement. You acknowledge that CSI does not control the content of any Product Listing Content published on the GreenFormat.com site, including but not limited to the content of any product description listings, and you agree that CSI is not liable for any losses incurred in reliance upon any information presented by Product Listing Content.
CSI grants User a license to distribute and use information made available through GreenFormat for the design and execution of construction projects, and for other non-commercial educational or informational purposes. The redistribution and presentation of GreenFormat data for commercial purposes other than the design and execution of construction projects without the express prior written permission of CSI is strictly forbidden.
Except as expressly permitted in this Agreement, information contained in GreenFormat may not be reproduced, transmitted, or distributed without CSI's prior written permission. The User may not redistribute any portion of GreenFormat except as allowed by the terms of this agreement, and shall not edit, modify, or alter any information presented by GreenFormat. All of GreenFormat Content is either the property of CSI or is licensed to CSI. CSI and its licensors retain all proprietary rights to GreenFormat's GreenFormat Content. The User shall honor all reasonable requests by CSI to protect CSI's and its licensors' proprietary interests in GreenFormat.
In addition, User may not:
1. use GreenFormat for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
2. use or attempt to use an automated device, program, tool, algorithm, process or methodology, or a manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of GreenFormat, any data or content found on or accessed through GreenFormat, or any other GreenFormat information without prior express written consent of CSI;
3. violate the security of GreenFormat or attempt to gain unauthorized access to GreenFormat, data, materials, information, computer systems or networks connected to any server associated with GreenFormat, through hacking, password mining or any other means;
4. obtain or attempt to obtain through any means any materials or information on GreenFormat that has not been intentionally made publicly available either by public display on GreenFormat or through accessibility by a visible link on GreenFormat;
5. violate any measure employed to limit or prevent access to GreenFormat or its content;
6. impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
7. interfere with, attempt to interfere with or otherwise disrupt the proper working of GreenFormat, any activities conducted on or through GreenFormat or any servers or networks connected to GreenFormat, including accessing any data, content or other information prior to the time that it is intended to be available to the public on GreenFormat;
8. take or attempt any action that, in the sole discretion of CSI, imposes or may impose an unreasonable or disproportionately large load or burden on GreenFormat or the infrastructure of GreenFormat, including but not limited to denial of service type attacks.
NO WARRANTIES/LIMITATIONS ON LIABILITY CSI MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING GREENFORMAT, GREENFORMAT CONTENT, GREENFORMAT PRODUCT LISTING CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH GREENFORMAT. CSI SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL CSI OR ANY OF ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF GREENFORMAT. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND THAT MAY BE ASSESSED AGAINST THE CSI OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING TO THE USE OF GREENFORMAT SHALL NOT EXCEED $100 IN TOTAL.
Registration
Users are free to browse and use GreenFormat without registration, but certain GreenFormat functions are only available to registered users. As part of the registration process, you are asked to create a screen name and password and provide CSI with accurate, complete, and updated information requested. Failure to do so will constitute a breach of this Agreement, which may result in deletion of your user account and any information you may have stored therein.
Termination
IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY DO SO AT ANY TIME BY CEASING USE OF THE GREENFORMAT.COM SITE. CSI RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR AUTHORIZATION TO USE GREENFORMAT AT ANY TIME WITHOUT CAUSE.
CSI reserves the right to discontinue or change GreenFormat, or otherwise alter its availability to you at any time without notice.
Fees & Payments
From time to time, CSI may make available to its GreenFormat Users enhanced products or services for which it charges a fee. The provision and use of such products and services shall be subject to and governed by a separate agreement, entered into at the time the product or service is accessed by User.
General
This Agreement constitutes the entire agreement between the parties relating to GreenFormat and supersedes any and all other agreements or representations, oral or in writing, with respect to GreenFormat, notwithstanding any supplementary or separate agreements for ancillary products and services provided in conjunction with GreenFormat for a fee. In the event of conflict between this Agreement and any agreement governing products or services provided for a fee, the other agreement shall take precedence. The failure of CSI to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Maryland, as if the Agreement was a contract wholly entered into and wholly performed within Maryland.
USE OF GREENFORMAT.COM IMPLIES THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
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