Permitted and Prohibited Uses. You may use the website for the sole purpose of obtaining and sharing information regarding environmentally responsible building materials and products and for utilizing the site’s online computer database featuring information in the field of environmentally hazardous building materials and products, including evaluations, analysis, ratings, and profiles of chemical hazards as used in building materials and products. You may not use the website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the website any information the disclosure of which would constitute a violation of any confidentiality obligation on your part. You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject HPD Collaborative’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of HPD Collaborative’s website. You’re strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You may not use the website in a way that harms the HPD Collaborative or HPD Collaborative’s members, affiliates or vendors, or other users of the site.
Trademarks. The HPD logo, HPD, HEALTH PRODUCT DECLARATION, HEALTH PRODUCT DECLARATION COLLABORATIVE, and any other product or service name or slogan contained in the website are trademarks of HPD Collaborative and/or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of HPD Collaborative or the applicable trademark holder. Use of any HPD Collaborative trademarks is subject to the trademark license agreement(s) you may have with HPD Collaborative and your compliance with any applicable HPD Collaborative’s trademark usage guidelines. You may not use any metatags or any other “hidden text” utilizing “HPD”, “HEALTH PRODUCT DECLARATION”, HEALTH PRODUCT DECLARATION COLLABORATIVE” or any other name, trademark or product or service name of HPD Collaborative without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the website are the property of their respective owners. Reference to any product vendors, laboratories, auditors, products, services, processes or other information, whether by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by HPD Collaborative.
User Submissions. HPD Collaborative does not want to receive confidential or proprietary information from you through the Public Site. By posting, submitting or transmitting any material, information, or other communication (“Communications”) directly to HPD Collaborative’s website, you (a) agree that such Communication will be considered non-confidential and non-proprietary, (b) agree that HPD Collaborative will be under no obligation of any kind with respect to such information, and (c) grant, and hereby grant, to HPD Collaborative a perpetual, worldwide, nonexclusive, royalty-free, fully sublicensable and irrevocable license to reproduce, make derivative works from, use, disclose, and distribute the Communications to others without limitation. At our sole election, HPD Collaborative may provide authorship attribution by listing your name. Further, you agree to waive and forego asserting any moral rights you may have in the Communications. By submitting a Communication to HPD Collaborative, you represent and warrant that you have authority to provide such Communications to HPD Collaborative and grant the rights to the Communications granted herein, and that doing so does not and will not constitute the infringement or misappropriation of the trade secrets or other confidential information of you or any third party.
Certain Communications may be subject to the HPD Collaborative’s Intellectual Property Rights Policy, in which case the terms of that policy will supersede those in the paragraph above.
User Discussion Forums. HPD Collaborative may, but is not obligated to, monitor or review any areas on the website where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. HPD Collaborative, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. HPD Collaborative may edit or remove content on the website at its discretion at any time.
You agree to provide true, accurate, current, and complete information when registering with our website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of this site.
WARRANTY DISCLAIMER. THE HPD COLLABORATIVE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HPD COLLABORATIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. HPD COLLABORATIVE MAKES NO REPRESENTATIONS OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HPD COLLABORATIVE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. HPD COLLABORATIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
IN NO EVENT SHALL HPD COLLABORATIVE OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE SITE, EVEN IF HPD COLLABORATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. HPD COLLABORATIVE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE SITE. YOUR PARTICIPATION IN THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HPD COLLABORATIVE OR THROUGH HPD COLLABORATIVE, ITS EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Liability Limitation. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL HPD COLLABORATIVE OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HPD COLLABORATIVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
HPD COLLABORATIVE’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED TWENTY FIVE THOUSAND U.S. DOLLARS ($25,000.00). YOU AGREE AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT HPD COLLABORATIVE WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
General. HPD Collaborative is based in the United States. HPD Collaborative makes no claims that the content on the site is appropriate or may be downloaded outside of the United States. Access to the site materials may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed in all respects by the laws of the state of Delaware, excluding that state’s conflicts of laws provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of HPD Collaborative to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit HPD Collaborative’s rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or your use of this site must be brought in the state or federal courts of the State of Delaware, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Links to Other Materials. This Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that HPD Collaborative offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and HPD Collaborative reserves the right to note its lack of affiliation, sponsorship, or endorsement on this site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, HPD Collaborative cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Notification of Possible Copyright Infringement. In the event you believe that material or content published on the site may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to: firstname.lastname@example.org.