Healthy Building Network’s Pharos Service Terms and Conditions of Use


Healthy Building Network (collectively, “we,” “us” or the “Company”) has developed the Pharos Service (available at the entry-point URL https://www.pharosproject.net) (the “Site”), and the accompanying Pharos Project building materials evaluation system which documents the environmental, health and social performance of building products in the marketplace (the “Project”) and certain Beta Services as defined below in Section 7 (collectively, with the Site, the “Service(s)”).

1. USE OF THE SERVICE

We will provide you with, and you desire to receive, access to the Service subject to your compliance with the terms and conditions set forth herein (the “Terms of Use”). Your continued use of the Service evidences your agreement to be bound by these Terms of Use and constitutes a legally binding contract between you and the Company. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE SERVICE.

The Company is a not-for-profit entity. As such, its financial support is derived entirely from grants from foundations and donations from individuals and entities. Unlike similar product evaluation or certification systems, the Project is not supported by industry fees. Therefore, HBN is currently charging users a minimum of $240.00 for free unlimited access to the Project Services for one year or $21.00 per month. All amounts paid to HBN are non-refundable.

2. MODIFICATION OF TERMS OF USE

We reserve the right to change or modify the Terms of Use at our sole discretion at any time. Any change or modification to the Terms of Use will be effective immediately upon posting on the Site. We will take reasonable steps to notify you of any changes or modifications to the Terms of Use. Your continued use of the Service constitutes acceptance of any changes or modification made by us to the Terms of Use.

3. SITE USER CONDUCT

In order to access the Site and use the Services, you will need to set up a user account for your company or organization. To use the Beta Services, you may need to provide certain information, such as your e-mail address. To use the Project Services, you will need to select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID. You agree that you will never divulge or share your User ID or User Password with any third party company or organization for any reason. You agree not to allow any third party company or organization to access or use your user account or provide them with your login information to do so.

As a condition of accessing the Site and using the Service, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Service other than as expressly allowed under these Terms of Use; (b) use the Company’s name, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

In addition, you may not post, upload, or transmit to or otherwise make available through the Site or the Service any content, communications, or other information (collectively, “Unauthorized Content”):

  • that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
  • that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
  • that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • that consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts)
  • that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
  • that violates the rights of other users of the Site; or
  • that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity;

4. INTELLECTUAL PROPERTY RIGHTS

All content or other material available on the Site or through the Service, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML, and files (collectively, the “Content”), are the property of Company and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

Company logos, trademarks and service marks which may appear on the Site (“Marks”), are the property of Company and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of the Company.

Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Site, Service, or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be included in the Content or used to operate the Service. Company and/or its affiliates and licensors reserve all rights not expressly granted herein to the Site, Service, Content, and Marks.

Subject to your compliance with these Terms of Use, Company grants you a non-exclusive, non-transferable, non-sublicensable limited right and license to access, internally use and display the Site and Content and to use the Service at your business location. You must abide by all copyright notices or restrictions contained on the Site or the Content. You may not delete any attributions, legal or proprietary notices on the Site or the Content.

You may notify the Company of bugs, issues, problems and ideas for enhancements regarding the Service that may come to your attention during your use of the Service (“Feedback”). You agree that your submissions will not violate or infringe the rights of any third party, including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights. To the extent that you provide Feedback to the Company in accordance with these Terms of Use, you hereby grant the Company a non-exclusive, royalty-free and fully-paid license, with the right to sublicense, to use, reproduce, modify and create derivative works of, sell and offer for sale and otherwise exploit such Feedback, including any intellectual property rights therein, in any manner.

5. USER PROVIDED CONTENT

The Service may provide you with the ability to upload certain information and materials (“User Content”). With respect to User Content you submit or make available for inclusion on the Service, you grant the Company a worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Service solely for the purposes of providing the specific portion of the Service to which such User Content was submitted or made available. Though the Company does not routinely monitor or police User Content, the Company reserves the right to remove any User Content at any time and for any reason. The Company does not claim ownership of any User Content you may submit or make available for inclusion on the Service.

To the extent that you provide User Content, you represent and warrant that (i) you have all necessary rights, licenses and/or clearances to provide such User Content and permit the Company to use such User Content as provided above, (ii) such User Content is accurate and reasonably complete, and (iii) as between you and the Company, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (iv) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

6. USE OF PROVIDED COMMUNICATIONS METHODS

The Service may provide you with the ability to post messages to user forums or user review pages, enter chat rooms or send similar messages and communications to third party service providers, other users and/or the Company. You agree to use communication methods available on the Service only to send communications and materials related to the subject matter for which the Company provided the communication method, and you further agree that all such communications by you shall be subject to and governed by the Terms of Use. By using any of the communications methods available on the Service, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not be endorsed, sponsored or approved by the Company in any manner (unless expressly stated otherwise by the Company) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by the Company in any manner, though the Company reserves the right to do so at any time at its sole discretion in accordance with the Terms of Use.

7. BETA-DESIGNATED AREAS AND SERVICES

We have developed or are in the process of developing certain beta-designated areas (each a “Beta Area” or collectively, “Beta Areas”) on the Site in which certain beta services will be made available to users (each a “Beta Service” or collectively, the “Beta Services”). These Beta Areas and Beta Services are available subject to the terms and conditions in the Terms of Use and other guidelines or rules in connection with the Beta Services. You agree to abide by such other guidelines or rules. Additionally, you acknowledge that the Beta Services are still in development and, therefore, are not at the level of performance or compatibility of a final, publicly-available service offering. The Beta Services are offered for free at this time, but we reserve the right to begin charging fees for the applicable services upon notice to you.

8. DISCLAIMER OF WARRANTIES

THE SERVICE AND ANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICE AND/OR PARTICIPATION IN THE PHAROS PROJECT.

WE DO NOT WARRANT THAT (I) THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (II) THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE OR RELIABLE, OR (IV) THAT DEFECTS IN OR ON THE SITE OR THE SERVICE WILL BE CORRECTED.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITE, THE SERVICE, THE BETA SERVICE OR THE CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SERVICE AND/OR THE CONTENT IS TO TERMINATE YOUR USE OF THE SERVICE.

10. LINKING TO OTHER SITES

The Site may contain links to pages on other web sites (“Linked Sites”), and those Linked Sites may offer products and/or services for sale. The Company does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (i) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (ii) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Site at any time for any reason or for no reason.

COMPANY WILL NOT BE LIABLE FOR ANY TRANSACTIONS conducted by you WITH THIRD PARTIES through the linked sites nor for ANY LIABILITY ARISING FROM the representations OR INFORMATION PROVIDED on such Linked Sites.

We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

11. INDEMNITY

You agree to indemnify, defend and hold harmless the Company, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (i) your use or attempted use of the Site or Service in violation of the Terms of Use, (ii) your violation of any law or rights of any third party, or (iii) your Feedback, User Content or any other information you post on the Site or through the Service, including without limitation any claim of infringement of intellectual property or other proprietary rights.

12. MODIFICATION OF THE SITE

The Company reserves the right to withdraw, suspend or discontinue at any time and from time to time any Content, information, or services available on the Site or the Service and any functionality or features in or on the Site or the Service, including the cessation of all activities associated with the Site or the Service, with or without notice to you. You agree that the Company shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

13. TERMINATION RIGHTS

You agree that the Company, in its sole discretion, may terminate your use of the Site or Service, for any reason or no reason, including, without limitation, if the Company believes that you have (a) breached the Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Site; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site or Service may be effected without prior notice to you.

If you no longer desire to use the Site or the Service, you may terminate your participation therein by ceasing all use of the Site and the Service.

14. DISPUTE PROCEDURE AND CLAIMS OF COPYRIGHT INFRINGEMENT

The Company respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company’s Copyright Agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;

(b) a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;

(c) a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Service;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.

The Company’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent
Healthy Building Network
1710 Connecticut Ave NW, 4th Floor
Washington DC 20009
Phone: (202) 741-5717
Email: legal@healthybuilding.net

15. MISCELLANEOUS PROVISIONS

You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of the Company.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the District of Columbia, as it is applied to agreements entered into and to be performed entirely within the District of Columbia and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by the Company, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Site or Service, shall be subject only to the jurisdiction of the courts located in the District of Columbia.

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

Any delay or failure on the part of the Company to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

These Terms of Use constitute the entire agreement between you and the Company relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Site by the Company or through a specific writing between you and the Company.

Any notice which may be required to be given to us under these Terms of Use may be sent to us by writing or emailing to the following addresses:
Healthy Building Network
1710 Connecticut Ave NW, 4th Floor
Washington DC 20009
Email: legal@healthybuilding.net

The section titles herein are displayed for convenience only and have no legal effect.

These Terms of Use were last updated on October 31, 2014.

©2016, Healthy Building Network. All rights reserved.