Welcome to the Habitable Web Site (the “Site”). Please read the following Terms of Use (“Terms”) carefully before using the Site. These Terms, along with the Habitable Privacy Policy, which is available at https://habitablefuture.org/privacy/ and is hereby incorporated by this reference, govern your relationship with Habitable regarding your use of the Site. Your continued use of the Site constitutes your agreement to the Terms. The Site is not intended for and is not designed to attract children under 13 years of age.

IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THE SITE.

Habitable reserves the right to change or modify the Terms at its sole discretion at any time. Any change or modification to the Terms will be effective immediately upon posting by Habitable on the Site. Habitable will take reasonable steps to notify you of any changes or modifications to the Terms, but you are responsible for periodically reviewing the most up to date version of the Terms. Your continued use of the Site constitutes acceptance of any changes or modification made by Habitable to the Terms.

Your Permission to use the Site.

Habitable gives you limited permission to use the Site, subject to the following restrictions. Except as expressly authorized by Habitable under a separate agreement with you, you may only use, download, or print material contained on the Site for personal and noncommercial use, and any commercial use, such as selling content, or posting information on another Web site, is prohibited. Further, you may not:

• Frame all or part of the Site.
• Modify any portion of the Site.
• Change or delete any proprietary notices on the Site or from materials downloaded or printed out from the Site.
• Systemically download or print materials from the Site.
• Transmit, distribute, sell or otherwise provide any content or data from the Site to a third party (except as expressly authorized by Habitable under a separate agreement with you).
• Use the Site in a manner contrary to any applicable law.

You agree to be solely responsible for your use of the Site. Your permission to use the Site will be terminated immediately, without any further action by Habitable, if you breach the Terms.

Password Restricted Areas of the Site.

You may need a password to login to the Site and use certain functions and areas within the Site (“Restricted Areas”). If you are an authorized user of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify Habitable if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify Habitable of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

Proprietary Rights.

Habitable is the owner or licensee of all rights in the Site and its content and related software. You have no rights to such content or software other than those expressly granted in the Terms. “Health Building Network” and the logos or other proprietary marks of Habitable and its affiliated organizations belong to them exclusively. No right, title or interest in those marks is granted in these Terms. Any third party trademarks or service marks displayed on the Site are the property of their respective owners.

Submissions.

You acknowledge that you are responsible for the information and material that you submit to Habitable, including, without limitation, comments or questions (each a “Submission”) through emails or other services available in connection with the Site, and that you, and not Habitable, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. For each Submission you submit to the Site, you grant Habitable a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, Habitable agrees to use your information in accordance with the Habitable Privacy Policy applicable to personally identifiable information. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission.

Links.

The Site may provide links to other Web sites or resources. Because Habitable has no control over such Web sites and resources, you acknowledge and agree that Habitable is not responsible for the availability of such external sites or resources, and Habitable does not endorse and is not responsible or liable for any information, content, advertising, products or other materials on or available from such Web sites or resources.

Modification of the Site.

Habitable reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice. You agree that Habitable shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.

Warranty Disclaimer.

THE SITE AND INFORMATION CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. Habitable MAKES NO, AND HEREBY DISCLAIMS, ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHER, Habitable DISCLAIMS ANY WARRANTY THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. Habitable MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SITE OR INFORMATION PROVIDED THROUGH THE SITE.

Limitation of Liability.

IN NO EVENT SHALL Habitable BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OF THE SITE, (B) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AVAILABLE THROUGH THE SITE, (C) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (D) ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SITE, OR (E) ANY DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE INFORMATION OR CONTENT PROVIDED ON THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Habitable HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity.

You agree to indemnify and hold Habitable and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another person or entity.

Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Habitable a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Habitable a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Bruce Green, 4911 7th Street NW, Washington, DC 20011; Phone: 202-741-5717; or E-mail: legal@habitablefuture.org

General Terms.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Habitable as a result of the Terms or your use of the Site. The Terms constitute the entire agreement between you and Habitable with respect to your use of the Site. The failure of Habitable to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms and the relationship between you and Habitable shall be governed by the laws of the District of Columbia without regard to its conflict of law provisions. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Last updated: April 1, 2024