*Updated July 20th 2018
This page contains our full User Agreement.
This Agreement sets forth the terms and conditions for your use of all webpages NORTH AMERICAN PASSIVE HOUSE NETWORK, INC. (NAPHN) name and domain, (collectively, the “Site). Your use of the Site constitutes your agreement to these terms and conditions.
This Agreement (the “Agreement”) is between you and NORTH AMERICAN PASSIVE HOUSE NETWORK, INC. (NAPHN).
- Your Rights.
NAPHN grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use.
(a) As part of the registration process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Site, and agree that NAPHN will have no obligations with regard thereto.
(b) You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
- Fee-Based Service Charges.
Certain features of the Site are available only through the purchase of Premium membership(s) (“Fee-Based Services”).
(a) You agree to pay, using a valid credit card that NAPHN, Inc. accepts, the monthly or annual membership charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access any Fee-Based Services. NAPHN, Inc. reserves the right to increase fees, surcharges, and paid membership fees, or to institute new fees at any time, upon reasonable notice posted in advance on the Site or communicated with you through email or other means. NAPHN, Inc. may automatically charge your account for renewal of your paid membership if you have purchased an annual or monthly recurring membership. The renewal charge will be the current published rate for the term of your paid membership. In the event that NAPHN, Inc. cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services.
If you purchased a NAPHN membership, you may cancel your renewing charge at any time during the term of the paid membership. Your online access will continue until your membership date of expiration, which can be viewed in your profile. If you are not satisfied with your annual membership, you may request a refund. NAPHN, Inc. will provide a full refund of paid membership fees for 90 days from the date of purchase, or refund the remainder of your membership on a pro-rata basis that will cover the unused months of your membership (partial months will not be refunded).
(b) You agree to promptly update your Registration Information in the event of any known or suspected unauthorized use of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your membership until you update your Registration Information. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your membership is subject to use without your authorization, you must update your Registration Information.
(c) You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.
(d) You agree to keep your contact information up to date and accurate, and to register NAPHN.com email addresses with your email provider so that NAPHN.com emails are not diverted from your inbox. NAPHN is not responsible for failure to notify you of updates to the content or charges to your stored credit card if the email address listed with your Registration Information isn’t valid, or if the messages are failing to reach you.
- No-Commercialization Policy.
You agree to use the Site, Discussions (described in Section 5) and Fee-Based Services only in a noncommercial manner and in compliance with NAPHN, Inc.’s No-Commercialization Policy. You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation any forum) any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us by email: [email protected]
- Copyright and Trademarks.
All materials on the Site, including without limitation text, images, software, audio and video clips, databases and Fee-Based Services (collectively, the “Content”) are owned or controlled by NAPHN, which retains all right, title and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions and other applicable laws.
NAPHN encourages and permits links to the NAPHN Site. However, you may not download, display, reproduce, create derivative works from, transmit, sell, distribute or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of NAPHN You may not “frame” any webpage of the Site in another website.
You agree not to use any trademarks, service marks, names, logos or other identifiers (collectively, “Marks”) of NAPHN or its affiliates, or its or their licensors or independent contractors (each, a “Trademark Owner”) without the prior written permission of NAPHN or the relevant Trademark Owner. In addition, you may not use our or any Trademark Owner’s Marks:
(a) in, as or as part of your own marks or those of any third parties;
(b) to identify products or services that are not those of NAPHN, Inc. or the relevant Trademark Owner;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that NAPHN, Inc. or the relevant Trademark Owner sponsors or endorses or is otherwise connected with your own activities, products and services or those of any third party.
The Marks used on the Site are federally registered and/or common law trademarks of NAPHN, Inc. or the relevant Trademark Owner.
NAPHN, Inc. may make available to members of the Site email notices, newsletters, forums, message boards, bulletin board services or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the “Discussions”). NAPHN, Inc. cannot review all communications made on or through the Site. However, NAPHN reserves the right, but has no obligation, to monitor the Discussions and to edit, modify or delete any materials which NAPHN in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any NAPHN policy.
- Communicating with the Sites.
You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Discussions (the “Communications”). You shall not upload to, or distribute to, or otherwise publish through the Discussions any Communication which:
(i) is for commercial purposes or otherwise advertises or solicits for the purchase or sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels, defames, disparages or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights, contract rights or any other rights of any third party;
(vii) violates any applicable laws, rules or regulations; or
(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Furthermore, you acknowledge that conduct prohibited in connection with the Discussions includes, but is not limited to, impersonation of any other person and breaching or attempting to breach the security of the Site.
Neither NAPHN nor any of its affiliates endorse or accept any Communications as its own or as representative of its views.
- Public Communications.
You acknowledge and agree that any Communications are public. You acknowledge and agree that:
(i) you have no expectation of privacy in any Communication; and
(ii) no confidential, fiduciary, contractually implied or other relationship is created between you and NAPHN or any of its affiliates by reason of your transmitting a Communication to any area of the Site. By transmitting any Communication to the Site, you grant to NAPHN a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit and otherwise exploit such Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such Communications, including, without limitation, any rights under the intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, including but not limited to “moral rights” or any similar rights under any jurisdiction.
- Unsolicited Email.
You agree not to use the Discussions or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service that in any way involves the use of the Site or any equipment owned or operated by NAPHN in connection with the Site. A message is unsolicited if it is posted in violation of a discussion group’s intended topic(s) and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public shall not constitute a request or invitation to receive messages.
- Information Provided/Disclaimer.
Information on the Site is intended to provide ideas, guidelines and links to additional information on products, technologies and design approaches for environmentally responsible buildings.
You acknowledge that any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. NAPHN reserves the right but not the obligation, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that NAPHN is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither NAPHN nor its affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.
- Links to Other Sites.
- Age Restrictions.
You represent and warrant to NAPHN that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. If you are under 18, you may use the Site only with the involvement of a parent or guardian, who has accepted this Agreement.
You hereby agree to indemnify, defend and hold harmless NAPHN and its affiliates and its and their directors, officers, employees and representatives from and against any and all liability and costs incurred in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein or your use of the Site, Content, Discussions and Fee-Based Services. NAPHN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of NAPHN. You shall cooperate as fully as reasonably required in the defense of any claim.
- Disclaimer of Warranty.
Except as expressly set forth herein, the Site (including all Content, software, functions, Fee-Based Services, materials and information made available thereon or accessed by means thereof) are provided AS IS, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement. To the fullest extent permissible by law, NAPHN and its affiliates make no warranties and shall not be liable for the use of the Site under any circumstances, including but not limited to negligence NAPHN does not warrant that the functions contained in the Site or the Fee-Based Services will be uninterrupted or error-free, that defects will be corrected, that the Site or Fee-Based Services will meet any particular criteria of performance or quality, or that the Site, including Discussions or the server(s) on which the Site are operated, are free of viruses or other harmful components.
- Limitation of Liability.
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, Content, or other material (including without limitation software) accessed through or obtained by means of the Site. Under no circumstances shall NAPHN or its affiliates, or any provider of telecommunications or network services for NAPHN or its affiliates, be liable for any indirect, punitive, special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Site or Fee-Based Services, even if NAPHN, its affiliates, or their providers of telecommunications or network services have been advised of the possibility of such damages. THE TOTAL LIABILITY OF NAPHN AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE BUILDINGGREEN, INC. AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In addition to any other rights of the parties set forth herein, either you or NAPHN may cancel or terminate this Agreement at any time in accordance with the membership help instructions. NAPHN also reserves the right to restrict, suspend or terminate your access to the Site, including the Fee-Based Services, in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If NAPHN terminates this Agreement based on a breach of any portion of this Agreement, NAPHN reserves the right to refuse to provide a membership or any Fee-Based Services to you in the future.
(a) To the Agreement. NAPHN has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via email or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of NAPHN in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your membership in accordance with the Site’s membership help instructions (if applicable) and/or to stop using the Site.
(b) To the Site. NAPHN has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. NAPHN may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. If NAPHN restricts your access to Fee-Based Services for no fault of yours, NAPHN will refund any unused portion of membership charges pursuant to Section 2(a).
This Agreement constitutes the entire agreement between you and NAPHN with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and NAPHN Failure by NAPHN to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the State of Vermont (excluding its choice of law rules). In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorneys’ fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.