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
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.
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.
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.
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
7. BETA-DESIGNATED AREAS AND SERVICES
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.
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
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:
Healthy Building Network
1710 Connecticut Ave NW, 4th Floor
Washington DC 20009
Phone: (202) 741-5717
15. MISCELLANEOUS PROVISIONS
Healthy Building Network
1710 Connecticut Ave NW, 4th Floor
Washington DC 20009
The section titles herein are displayed for convenience only and have no legal effect.
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