3. Intellectual Property Rights. All text, graphics, design, tools, courses and programming on the Site (“Content”) is the sole property of IWBI or their respective owners and is protected by copyright law, trademark law and international treaties. IWBI authorizes you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose, except as specifically provided herein. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate Web pages on the Site, as well as any graphics.
To the extent your commercial use of the Content is for the purposes of encouraging companies or individuals to seek WELL Certification of their projects, IWBI grants a limited license for commercial use of the Content available in the Resources section of the Site so long as you do not display or otherwise use the Content in any way that misrepresents, disparages or defames IWBI, or any of its related businesses, employees, officers, partners, and existing and prospective customers, suppliers, investors and other associated third parties, or creates a misleading or false association or relationship between You and IWBI, or gives the impression that you have any rights over the Content (including the right to brand or sell) beyond those specifically granted herein, or that you have any ability to influence or control the Content or the process for WELL Certification.
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious or obscene;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- involves commercial activities (whether or not for profit) and/or sales without IWBI’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other malware, computer codes, files, worms, or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of IWBI or any third party;
- impersonates any person or entity, including any employee or representative of IWBI;
- includes anyone's identification documents or sensitive financial information; or
- violates IWBI’s posted privacy, website or other policies.
You shall not (directly or indirectly):
- interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, trojan horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the website by any Users.
- alter or modify the Content or remove our copyright notice or other legends.
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; or
- harvest or scrape any Content from the Site; or
- attempt to interfere with service to any users of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing".
5. Monitoring of Information. IWBI does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. You are responsible for verifying the accuracy of information posted through your independent investigation. While under no obligation to do so, IWBI may in its discretion review information submitted to the Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Site for any reason whatsoever. IWBI reserves the right to suspend your use of the Site for any reason at any time, in its sole discretion.
7. Passwords and Log-in information. To help protect the security of the Site and your information, you should follow security best practices such as protecting your user name and password. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your account and registration, whether or not authorized by you. Do not share your password or user name with any other person. In the event you become aware of misuse or unauthorized use of your user name or password, it is your obligation to notify IWBI. IWBI shall have no responsibility for lost or misused usernames or passwords or for unauthorized access to them.
8. WELLTM Education Portal. If you purchase a course via our education portal, you may access and display such course(s) on the WELLTM education portal only for your personal, individual use. You may not display or grant access to the WELLTM education portal or to any course made available on the WELLTM education portal to any other person or share any password or any other access related information for the WELLTM education portal or any course with any other person. You may not charge any fee to anyone for access to or display of any course you purchase on the WELLTM education portal.
Certificates of Completion. In order for you to obtain a certificate of completion for a course offered on the WELLTM education portal, you must individually access and complete the course online, and take and pass an online quiz provided at the end of the course with a score of at least eighty percent (80%). You may take the quiz multiple times to obtain a passing score. An electronic copy of the certificate of completion will be provided to you.
Continuing Education. You agree that IWBI may report hours to continuing education (“CE”) systems regarding courses on the WELLTM education portal and any and all registrations for such courses. For the purposes of this reporting, IWBI may share your registration, attendance record, completion status and other information regarding a course with the education partner(s) who created the course. By adding credential information in your user account on the Site, you consent to IWBI sharing your course completion status and related information with third parties for CE reporting. IWBI may submit courses on the WELLTM education portal for continuing education recognition provided by or otherwise related to Green Business Certification Inc. (“GBCI”). Please note that not all courses available on the WELLTM education portal are registered with GBCI, and not all courses are eligible for CE credit. Please refer to the individual course page for CE registration information.
9. WELL Coaching and Support. Coaching and other support services are available to you via the Site or other communications after you register a project on WELL Online. Based on information You may provide to us, we may provide you suggestions and feedback regarding application of certain WELL Building Standard features to your projects. As a reminder, the final review of your project documentation and performance verification will be performed by Green Business Certification Inc., IWBI’s third party certifier, and achievement of WELL Certification or any level of WELL Certification cannot be guaranteed.
11. Disclaimer of Warranties, Indemnification and Limitations of Liability. Your agreement to the following disclaimers and limitations are a material inducement to IWBI to permit you to access the Site. Your use of the Site, and the obligations and liabilities of IWBI in respect of your use of the Site, is expressly limited as follows:
Conduct of Users. IWBI assumes no responsibility for the activities or conduct of Users.
Accuracy of Information. IWBI makes no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by users of the Site, or of any other form of communication engaged in or information exchanged by users of the Site. Information on the Site may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by users or on any other form of communication with users will be at your own risk.
DISCLAIMER OF WARRANTIES. THE SITE AND CONTENT MADE AVALABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND. IWBI DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER AS TO THE SITE OR CONTENT MADE AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, LOSS OF DATA, FITNESS FOR PARTICULAR PURPOSE, AVAILAIBLITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY.
IWBI’S ACTIVITIES, THE WELL BUILDING STANDARD AND WELL COMMUNITY STANDARD (AND VERSIONS THEREOF), AND ALL VERSIONS THEREOF, ARE NOT INTENDED IN ANY WAY TO GUARANTEE, CERTIFY, WARRANT OR IMPLY THAT YOUR PROJECT (OR ANY INDIVIDUAL BUILDING(S) OR SPACE(S) COMPRISING YOUR PROJECT) IS STRUCTURALLY SOUND OR SAFE, CONSTRUCTED IN ACCORDANCE WITH APPLICABLE LAWS, REGULATIONS OR CODES, FREE OF MOLD OR MILDEW, OR FREE OF BACTERIA, VIRUSES, PATHOGENS, VOLATILE ORGANIC COMPOUNDS, ALLERGENS, OR TOXINS. FURTHER, IWBI’S ACTIVITIES, THE WELL BUILDING STANDARD AND WELL COMMUNITY STANDARD (AND VERSIONS THEREOF) ARE INTENDED TO EDUCATE AND ASSIST PROJECT OWNERS IN THEIR EFFORTS TO CREATE HEALTHIER INDOOR SPACES, AND NOTHING ON THE SITE OR CONTENT MADE AVAILABLE ON THE SITE SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IWBI’S ACTIVITIES, THE WELL BUILDING STANDARD AND WELL COMMUNITY STANDARD (AND VERSIONS THEREOF) DO NOT CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF ANY PROFESSIONAL HEALTHCARE SERVICES, DIAGNOSIS OR TREATMENT. IWBI’S ACTIVITIES, THE WELL BUILDING STANDARD AND WELL COMMUNITY STANDARD (AND VERSIONS THEREOF) DO NOT IN ANY WAY GUARANTEE, CERTIFY, WARRANT OR IMPLY THAT SUCH PROJECT WILL MAKE OCCUPANTS HEALTHY OR HEALTHIER, OR PROVIDE ANY BENEFIT TO OCCUPANTS WHATSOEVER. IWBI DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE VALIDITY OR STRENGTH OF ANY OF THE MARKS, OR ANY OTHER INTELLECTUAL PROPERTY THAT IWBI OWNS OR USES. IWBI DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT IT WILL CONTINUE THE PARTICULAR PROGRAMS REFERENCED ON THE SITE AND MAY DISCONTINUE ANY SUCH PROGRAM OR SUBSET THEREOF AT ANY TIME.
LIMITATION OF LIABILITY. IN NO EVENT SHALL IWBI OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND DUE TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, (INCLUDING LOST PROFITS, LOSS OF GOODWILL, PERSONAL OR PROPERTY DAMAGE) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IWBI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Last Updated: May 31, 2018