Terms Of Use

Agreement regarding TERMS AND CONDITIONS OF USAGE (“Terms of Use”) have been last updated as of September 14, 2015.

3R, LLC (dba 3R Building Sustainability and 3R Sustainability, and referenced in these Terms of Use as “3R”, “we” or “us”) provides a service that allows users (“users”) to purchase online consulting sessions via the Web (the “Service”) through our website accessible at 3rsustainability.com (the “Site”). Please read the following Terms of Use carefully. These Terms of Use govern your access to and use of the Site, including all Content, information, products and services therein. This is a legal agreement between you and 3R. YOU UNDERSTAND THAT BY USING THE SITE or SERVICE (INCLUDING ANY CONTENT), YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE OR THE SERVICE.  If the user is not an individual, “you” means your company, its officers, members, agents, successors and assigns.

Refunds and payments for online consulting sessions – please read our Refund and Payments Policy.

For online consulting sessions, 3R offers one time payment options.

1)             Modification of the Site, Service and Terms of Use. 3R reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or the Service, or to modify these Terms of Use, without advance notice. If we modify these Terms of Use, we will post any such modifications on the Site, and they will become effective when posted. Your use of the Site or the Service after we have posted the modifications will represent your acceptance of the new terms. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Service, and if applicable, cancel your 3R account.

2)             Content. Certain types of Content are made available through the Site. “Content” as used in these Terms of Use means, collectively, the text, data, graphics, images, photos, audio and video files made available through the Site. 3R reserves the right to remove and permanently delete any Content, from the Site without notice.  3R grants you a limited, nonexclusive, non-transferable personal license to access and use the Site subject to the requirements of and your continued compliance with these Terms of Use.

3)             Termination; Cancellation.  We may immediately terminate or suspend your access to the Site and Service in the event that you breach these Terms of Use. Moreover, we reserve the right to terminate the Site, the Service or your access to the Site at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Service, and all licenses and other rights granted to you by these Terms of Use will immediately cease. 3R is not liable to you or any third party for termination of the Service or termination of your use of the Site.  UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, 3R will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to 3R under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

By submitting your Content to 3R for inclusion on the Site, you represent and warrant to 3R the following with respect to each submitted file: (a) that you either own all necessary intellectual property rights in the Content or have secured all necessary licenses or other rights; (b) that you have the consent, release, and/or permission of each identifiable individual person in the Content to use the name or likeness of each such identifiable individual person to enable inclusion and use of the Content on the Site; and (c) that no portion of the Content infringes another’s copyright, trademark, patent, trade secret or other intellectual property right, moral right, right of publicity, or privacy, and that no portion of the Content is pornographic (including but not limited to containing any child pornography or any lascivious exhibition of the genitals or pubic area of any person), deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech.

4)             Restrictions. You will not:

(a)  Upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit, distribute, and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); (ii) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including but not limited to copyright, trademark, patent, trade secret, or other intellectual property right, moral right or right of publicity);

(b)  Use, display, mirror, frame, or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including search results, the 3R name, any 3R trademark, logo, or other proprietary information, the Content of any text or the layout and design of any page or form contained on a page, without 3R’s express written consent;

(c)  Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content, except your Content;

(d)  Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, the Service, or the Content;

(e)  Upload any viruses, worms, Trojan horses, or other forms of harmful computer code, subject 3R’s network or servers to unreasonable traffic loads, or otherwise engage in conduct that is disruptive to the ordinary operation of the Site and the Service;

(f)  Attempt to probe, scan, or test the vulnerability of any 3R system or network or breach any security or authentication measures;

(g)  Upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;

(h)  Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure protecting the Site or any Content posted on or available through the Site;

(i)  Use any URL, meta tags, or other hidden text or metadata utilizing a 3R name, trademark, URL, or product name without 3R’s express written consent;

(j)  Communicate on or through the Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, or otherwise objectionable material of any sort;

(k)  Compile or use other users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Site for any purpose;

(l)  Violate any applicable local, state, national, or international law;

(m)  Harm or threaten to harm 3R users in any way; or

(n)  Use the Site for the benefit of any third party or in any manner not permitted by these Terms of Use.

You acknowledge that 3R has no obligation to monitor your access to or use of the Site or Content, but has the right to do so for the purpose of operating the Site and the Service, to monitor your compliance with these Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. 3R reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including violations of any part of these Terms of Use. 3R reserves the right at all times to disclose, in its sole discretion, any Content as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what 3R considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.

5)             Notices of Alleged Infringing Activity. 3R does not permit copyright infringing activities and infringement of intellectual property rights on the Site or the Service, and 3R will remove any allegedly infringing Content if properly notified that such Content infringes on another’s intellectual property rights. 3R reserves the right to remove Content without prior notice.

6)             Indemnification. The Service being provided to you by 3R is a very limited one – that is, 3R will respond to your questions concerning whether specific building design features, processes, systems and criteria will meet established Green Building standards.  3R will not address structural, engineering or safety issues, or any other construction issues other than questions related to Green Building standards.  It is expected that you will address all issues with your architects, engineers and other professional consultants.  Moreover, you will be providing limited information to 3R, and there will be a great deal of other information and facts which 3R is not aware of when 3R responds to your questions.

Consequently, you and 3R agree to allocate the risks related to possible future problems and claims in the following manner, which is fair and reasonable given 3R’s limited role in your construction projects:

(a)   You hereby release and discharge 3R, its owners, directors, officers, employees, Consultants and agents (collectively, “3R Parties”) from all claims, actions, demands, causes of action, suits and liabilities whatsoever (collectively, “Claims”), in law or equity, now existing or hereafter arising, from, out of, or related to these Terms of Use or the Service, except to the extent that any Claim results directly from the gross negligence or willful misconduct of 3R.

(b)   You further agree to indemnify, hold harmless and defend the 3R Parties from and against all Claims made or asserted by any of your customers or any other third party (collectively, “Third Party Claims”) based on, arising out of, or related to these Terms of Use or the Service (including, without limitation, all costs of defense, settlement and reasonable attorney’s fees), except to the extent that any Third Party Claim results directly from the gross negligence or willful misconduct of 3R.

(c)   In the event that 3R’s performance hereunder is determined by a court to have constituted gross negligence or willful misconduct, then the liability of 3R for any Claims resulting therefrom shall be limited to, and shall not exceed, the actual fee charged by and paid to 3R for the specific Service so determined to have been performed in a manner constituting gross negligence or willful misconduct. Nevertheless, with respect to any Claim or Third Party Claim based on death, personal injury or physical damage to property, the liability of 3R shall not exceed the greater of the amount set forth in the preceding sentence or the proceeds of 3R’s liability insurance coverage available with respect to such Claim or Third Party Claim.

(d)   The provisions of this Indemnification section shall survive any termination or expiration of the Service, these Terms of Use, or your use of the Site.

7)             Attorney’s Fees. You agree to pay reasonable attorney’s fees and costs in the event that 3R finds it necessary to employ an attorney to collect damages for the breach of this Agreement, or for collecting amounts owed or otherwise to protect its interest in any matter arising from your use of the Site or the Service.

8)             Survival.  Any requirement imposed on, or action required of, you or 3R which will or may require performance after the expiration, cessation or termination of the Service or your use of the Site for any reason, shall survive any such expiration, cessation or termination.

9)             Subpoenas.  3R may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act. You hereby authorize 3R to release information about you if required by law or subpoena without notice to you.

10)          No Warranty; Limitations.

(a)  THE SITE, the SERVICE AND the content ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 3R MAKES NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, AND DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. 3R MAKES NO REPRESENTATIONS OR WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES 3R MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE, as such results are limited by the scope of the information provided to 3r. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

(b)  YOU ACKNOWLEDGE THAT 3R SHALL NOT BE LIABLE FOR THIRD-PARTY CONTRIBUTIONS to the content OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND THE SERVICE AVAILABLE THROUGH THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. To the full extent permitted by law, and subject to the limitation of the next two sentences, 3R’s liability to you for any damages, including but not limited to damages that result from 3R’s or any third party’s use of any Content or from any authorized or unauthorized use of the Site will be limited to amounts paid by you to 3R hereunder (if greater than zero). IN NO EVENT SHALL 3R BE LIABLE TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, OR STRICT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY SERVICES AVAILABLE THROUGH THE SITE, EVEN IF 3R HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 3R’S CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS WILL BE LIMITED TO $200.00 (USD) REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. You acknowledge that 3R has set its prices and entered into these Terms of Use in reliance upon the limitations of liability specified herein, which allocate the risk between the parties and form a basis of the bargain between the parties. Some jurisdictions do not allow the limitation of liability so the foregoing limitation may not apply to you.

(c)  The Site may contain links to third-party websites or resources. You acknowledge and agree that 3R is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by 3R of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

11)          Dispute Resolution.  Any dispute relating in any way to your use of the Site shall be submitted to confidential arbitration in Pittsburgh, Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate 3R’s intellectual property rights, 3R may seek injunctive or other appropriate relief in any state or federal court in Allegheny or Butler County, Pennsylvania and you consent and submit to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

12)          General. 3R is based in the United States. If you access the Site or the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not assign any rights granted to you or delegate any of your obligations hereunder and any attempt to do so is void and of no effect. 3R may assign its rights and delegate its duties under these Terms of Use in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to these Terms of Use. Nothing in these Terms of Use shall constitute a partnership or joint venture between you and 3R. These Terms of Use are governed in all respects by the laws of the Commonwealth of Pennsylvania without regard to or application of choice-of-law rules or principles. The failure of 3R to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit 3R’s rights with respect to such breach or any subsequent breaches.

If you have any questions or concerns about these Terms of Use, please contact 3R at: info@3rsustainability.com.

3R Sustainability