Agreement between user and IBSEE Institute for Building Science and Energy Efficiency, LLC
The IBSEE Web site is comprised of various Web pages operated by IBSEE Institute for Building Science and Energy Efficiency, LLC (“IBSEE”).
IBSEE reserves the right to change the terms, conditions, and notices under which the IBSEE Web site is offered.
Links to third party sites
The IBSEE Web site may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of IBSEE and IBSEE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. IBSEE is not responsible for webcasting or any other form of transmission received from any Linked Site. IBSEE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or sponsorship by IBSEE of the site or any association or affiliation with its operators. If you decide to access Linked Sites, you do so at your own risk.
No unlawful or prohibited use
As a condition of your use of the IBSEE Web site, you warrant to IBSEE that you will not use the IBSEE Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this Web site in any manner which could damage, disable, overburden, or impair the IBSEE Web site or interfere with any other party's use and enjoyment of the IBSEE Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the IBSEE Web site.
Use of communication Services
The IBSEE Web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, harmful, threatening, abusive, harassing, tortious, vulgar, libelous, or unlawful topic, name, material or information.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Violate any applicable laws or regulations.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Upload or otherwise use programs that may damage or are designed to interrupt, destroy or limit the operation or functionality of another's computer software, hardware, network or telecommunications equipment.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
IBSEE has no obligation to monitor the Communication Services. However, at all times, IBSEE reserves the right, but shall have no obligation to pre-screen, flag, filter, modify, refuse or review materials posted to a Communication Service and to remove any materials in its sole discretion. IBSEE reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
IBSEE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IBSEE’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. IBSEE does not control or endorse the content, messages or information found in any Communication Service and, therefore, IBSEE specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized IBSEE spokespersons, and their views do not necessarily reflect those of IBSEE.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided to IBSEE or posted at any IBSEE web site
By submitting, posting or displaying content you give IBSEE a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, use, and distribute any content which you submit, post or display on or through the IBSEE Web site.
The information, software, products and services included in or available through the IBSEE Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. IBSEE and/ or its suppliers may make improvements and/or changes in the IBSEE web site at any time. Advice received via the IBSEE web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
IBSEE makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the IBSEE web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as available” and “as is” without warranty or condition of any kind. IBSEE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT.
Termination / Access restriction
IBSEE reserves the right, in its sole discretion, to terminate your access to the IBSEE Web site and the related services or any portion thereof at any time, without notice. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
The IBSEE Web site is offered by IBSEE Institute for Building Science and Energy Efficiency, LLC from its business office in the State of Illinois, United States of America. This agreement is governed by the laws of the State of Illinois, U.S.A., without regard to conflicts of laws principles thereof, and you hereby consent to the exclusive jurisdiction and venue of the courts of competent jurisdiction in Cook County , Illinois, U.S.A. in all disputes or other matters arising out of or relating to the use of the IBSEE Web site. Use of the IBSEE Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IBSEE as a result of this agreement or use of the IBSEE Web site. IBSEE 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of IBSEE 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the IBSEE Web site or information provided to or gathered by IBSEE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and IBSEE with respect to the IBSEE Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and IBSEE with respect to the IBSEE Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Copyright, trademarks and trademark notices
All contents of the IBSEE Web site are: © 2010 IBSEE Institute for Building Science and Energy Efficiency, LLC
The logos, and other trademarks service marks, trade names and service names of IBSEE are owned or licensed by IBSEE. You agree not to copy, display or otherwise use any of the Marks without the prior written permission IBSEE. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by IBSEE.
Content copied, downloaded or printed from the IBSEE Web site must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure written consent of IBSEE. Any rights not expressly granted herein are reserved.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access any part of the IBSEE Web site. Accordingly, you agree that you will be solely responsible to IBSEE for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify IBSEE immediately. If you have a comment or question, or if you need to contact IBSEE for any other reason, please email to: email@example.com
This Privacy Statement applies only to www.ibsee.us, operated by IBSEE Institute for Building Science and Energy Efficiency, LLC. In this Privacy Statement, "IBSEE" refers to IBSEE Institute for Building Science and Energy Efficiency, LLC, the operator of this Web site. IBSEE and its officers, directors, employees, agents, contractors and subcontractors are required to honor this Privacy Statement.
Some Terms We Use in this Policy
Personal Information is any information that identifies you with the exception of professional information such as your title, business address, business telephone number(s) and facsimile numbers and business e-mail address.
A Business Partner is an entity with which IBSEE has an ongoing business relationship to provide data analysis, technology hosting services, development or maintenance of our Web site or to provide marketing services or specialized products or services or information to visitors to our site.
The Personal Information we collect, how it is gathered and used
Anyone can view the public portion of our Web site. Other portions of our Web site are reserved for clients and others who have been invited by IBSEE to have access. If you have been invited to access a portion of our Web site that requires a password you must register, at which time we ask you to provide contact information, which may include the following identifying information, such as: your name, telephone number(s), mailing address(es), email address(es), and account password. We may combine the information you submit through registration with information from other IBSEE services to provide you with a better experience or to otherwise improve the quality of the services we offer to our prospects and provide to our clients. In the following paragraphs, we outline services and activities in connection with which we may gather your Personal Information and provide details on how that Personal Information is used.
All of the following services are optional; if you do not wish to provide Personal Information, you may simply decline to take advantage of that service. If you choose to provide Personal Information you hereby give your consent for IBSEE to use your Personal Information as set forth herein and release IBSEE from any liability for such use of your Personal Information.
Personal Information is collected in the following ways:
• Email Newsletters - For your convenience, when you register as a member the option to receive our periodic email newsletter and special offers is pre-checked. If you do not want to receive this service, please access the unsubscribe link provided in the email message.
• Surveys - Occasionally, IBSEE conducts voluntary surveys through its Web site or directly through emails. These surveys may ask customers for background information and about their preferences. You are under no obligation to be a part of any survey. You may at any time opt-out of an email survey by accessing the un-subscribe link provided in the email message. The information IBSEE collects through surveys is aggregated and is used to better serve our customers' by helping us determine our customers' needs and improve customer satisfaction and this site. Again, participation in these surveys is completely voluntary and you, therefore, have a choice whether or not to disclose the information requested. Information requested may include demographic information including, but not limited to: name, address(es), phone number(s), email address(es). We do not sell any of the information gathered in these surveys.
• Seminar Registration – When you register for IBSEE seminars we do collect some personal information including information about your preferences. Information requested may include demographic information including, but not limited to: name, address(es), phone number(s), email address(es).
• Contact Us – When you complete Contact Us requests we do gather some personal information. This information is for internal use only and allows us to respond to your inquiry or suggestion. Information requested may include demographic information including, but not limited to: name, address(es), phone number(s), email address(es).
• Client Information Update – We provide a means for our clients to submit updates to their personal contact information. This information is used for internal purposes only. Information requested may include demographic information including, but not limited to: name, address(es), phone number(s), email address(es).
• User Generated Content (Message Boards, Forums and Chats) – We offer message boards for users in a number of areas throughout our Web site. Any information you disclose when posting to a message board, forum or chat, along with your screen name or ID, becomes public and may be used by IBSEE for online and offline promotional or commercial uses in any and all media.
• User Communications – When you send email or other communication to IBSEE, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
In addition to the above, the purposes for which we use Personal Information include:
- Providing our services to clients;
- Auditing, research and analysis in order to maintain, protect and improve our services;
- Ensuring the technical functioning of our network; and,
- Developing new services.
The Personal Information we share and who we share it with
Under certain agreements we may make segments of your Personal Information available to other organizations as noted below:
We use Statcounter, a third party service provider, to help us gather and analyze our customers' activities on our Web site. Statcounter's role is to help us deliver the most relevant services and information to our clients and prospects. The information we share with Statcounter is anonymous, meaning that none of your identifiable Personal Information (such as your name, home address, home phone number, etc.) will be received by or shared with Statcounter.
- We use Fluid Consulting, a third party service provider, to host our website and help us develop, monitor and maintain our Web site. Fluid’s role is to help us deliver the most relevant services and information to our clients and prospects. Fluid may have access to the information you share with us, but Fluid is prohibited from disclosing such information and from using such information for its own purposes independent of the services it provides to IBSEE.
We may transfer or otherwise disclose Personal Information including but not limited to your name and mailing address, in connection with a seminar registration to guarantee the best support to you according to get the latest information and seminar documents.
Disclosure For Other Reasons
How you can control the use of your Personal Information
There are several methods to contact us listed in this section. If you would like to change your Personal Information in our records or remove your name from our, contact us using one of the methods set out below. There are known methods that spammers can use to hide their identity by using other people's email address to send out emails if you have a question about the genuineness of an email you receive from IBSEE contact us using the firstname.lastname@example.org email address.
- Email us at: email@example.com, and include your name, address, telephone number, email address, and a note of instruction; or
- Write to us at: IBSEE Institute for Building Science and Energy Efficiency, LLC, Attention Web Support, 780 Lee Street, Suite 102, Des Plaines, IL 60016, and include your name, address, telephone number, and a note of instruction; or
- If you are an online registered member of energyed.com you can access "Your Account" to update the Personal Information you have stored online.
How you can control email marketing you receive from us
You may cancel our email newsletters at any time by choosing the un-subscribe link provided in each message or un-check the "Yes" box after accessing "Your Account."
Certain technical information you should know
We collect information about how users navigate through our Web site on thousands of site visits. For example we use "cookie" technology to track which pages on our site our visitors view and which web browsers they use. We analyze this information in aggregate - that is, we collect this information and analyze it as a whole. We use this information to improve our site by making it more responsive to the needs and preferences of our users. On occasion, we may share this aggregate information with our Business Partners or other third party companies to indicate to them the amount of interest in our site and to help us plan for technical improvements. Note: this aggregated information will not identify you or any other user of our Web site.
If you would like more information about how cookies work, go to http://www.cookiecentral.com
Collection of Analytical Data
We also collect information directly at our site. This information includes, but is not limited to: page views, affiliate referrals, site referrals, user frequency, user registrations.
How we strive to protect Personal Information
At IBSEE we have corporate policies and procedures in place for the electronic security of information collected on our Web site. We use Secure Socket Layer technology (SSL) to help keep others from intercepting your information while it is being transmitted across the Internet, but you should always keep in mind that any information transmitted across the Internet could be intercepted and that IBSEE cannot be held liable for such interception if it occurs despite any electronic security measures IBSEE has undertaken. SSL technology is the industry standard method of communicating secure online transactions and is built into most major browsers. All information, once on our server, is protected from any external intrusions via firewall technology. Only IBSEE employees who require your Personal Information to serve you have access to your data, which is password protected. Employees who have access to Personal Information are trained in the privacy and security practices of this Statement.
There are many unscrupulous individuals operating on the internet today who would think nothing of fabricating an email to make it appear that it comes from IBSEE. These individuals may be engaging in a practice known as "phishing" in which they attempt to trick unwary recipients of email into divulging Personal Information. IBSEE will rarely, if ever, request Personal Information in an unsolicited email message to you.
If you have any question about the genuineness of an email you receive that appears to be from IBSEE contact us at firstname.lastname@example.org and do not furnish Personal Information in response to the email unless its authenticity can be verified.
Other matters you should know
Our Policies Regarding Children
We do not intend to collect any information or Personal Information from children. If you are under 18 years of age, or under the age of majority in the jurisdiction in which you reside, please do not submit any information or Personal Information. We will not knowingly collect Personal Information about any person under 13 years of age. If you believe that we have information of Personal Information from or about anyone under 13 years of age, please notify us by email at: email@example.com.
Links to Other Sites
We provide links to other sites for your convenience. These sites operate independently of IBSEE and have established their own privacy and security policies. For the best online experience, we encourage you to review these policies before submitting any Personal Information through these sites.
Updates to this Statement
We reserve the right to make changes at any time to our policies and/or alter the look and functionality of our Web site. However, if we change how we use your Personal Information, we will post the policy change notification on the Web site and we will update this Statement accordingly. We encourage you to periodically review this Statement for the latest information on our privacy and security policies.
For further information, about any of the information in this Statement, please contact us: firstname.lastname@example.org