gb&d MAGAZINE

Terms of Service

This website is operated by Green Advocacy Partners, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Green Advocacy Partners, LLC. Green Advocacy Partners, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 – Modifications to the service and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 – Products or services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 – Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 – Third Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 – User Comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 11 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 – Disclaimer of Warranties; Limitations of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Green Advocacy Partners, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Green Advocacy Partners, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1765 N Elston #202B, Chicago, IL, 60642, United States.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at chris@gbdmagazine.com.

Advertising Terms & Conditions

A. All advertising placements with Green Building & Design (“gb&d”) are subject to and governed by these terms and conditions. gb&d reserves the right at its absolute discretion, and at any time, to cancel any advertising order or reject any advertisement, whether or not the same has already been acknowledged and/or previously published. In the event of such cancellation or rejection by gb&d, advertising already run shall be paid for at the rate that would apply if the entire order were published. In the event of Advertiser’s or its Agency’s cancellation of any portion of any advertising order not in compliance with the terms hereof or failure to have published the specified number of advertisements, or if at any time gb&d in its reasonable judgment determines that Advertiser is not likely to publish the total amount of advertising specified in the applicable advertising order, any rate discount will be retroactively nullified and result in a short-rate. In such event, Advertiser and/or Agency must pay gb&d the short-rate (which is the difference between the rate charged on the contracted frequency and the higher rate based on the reduced frequency of advertisements actually published) within 30 days of invoice therefore and Advertiser will thereafter pay for advertising based on the standard advertising rates of gb&d as set forth in the then current media kit. Any merchandising program executed by gb&d in reliance on advertising that is cancelled will be paid for by Advertiser at the fair market rate for such program (including all costs and expenses incurred by gb&d).

B. Advertising orders that contain rates that vary from the standard rates of gb&d shall not be binding on gb&d unless approved in writing by an authorized officer of gb&d. In the event any non-standard rates are not approved in writing by an authorized officer of gb&d, the standard rates shall apply to such order at the discretion of gb&d.

C. Advertisements that simulate editorial content must be clearly defined and labeled “ADVERTISEMENT” and gb&d may, in its discretion, so label such copy.

D. Orders for advertising containing restrictions or specifying positions, facings, editorial adjacencies or other requirements may be accepted and inserted, but such restrictions or specifications are at gb&d’s sole discretion.

E. In no event shall gb&d’s liability with respect to any order exceed the total amount paid to gb&d for such order, including any liability resulting from the errors or omissions of gb&d. In no event shall gb&d be liable for special, incidental, consequential or punitive damages.

F. The following items apply to furnished inserts: (1) an accurate facsimile or electronic version of any furnished insert must be submitted to gb&d for review on or prior to the dates established by gb&d for the applicable publication; (2) gb&d is not responsible for errors or omissions in, or the production quality of, furnished inserts; and (3) Advertiser and/or Agency shall be responsible for any additional costs or expenses incurred by gb&d arising out of Advertiser’s and/or Agency’s failure to deliver furnished inserts pursuant to gb&d’s specifications or time requirements.

G. Advertiser and/or Agency shall remain liable for the full advertising rate in each of the following instances: (1) gb&d is unable to publish an advertisement as a result of Advertiser’s and/or Agency’s failure to comply with gb&d’s specifications or time requirements (in which case, gb&d shall not be required to run any generic or other advertisement); (2) the failure of Advertiser and/or Agency to cancel the applicable order in accordance with the cancellation requirements contained herein (in which case, gb&d shall not be required to run any generic or other advertisement); and (3) the cancellation or termination of the applicable feature story.

H. All matters with respect to any advertising order will be governed by the laws of the State of Illinois applicable to contracts to be performed entirely therein. Any action brought by Advertiser or Agency against gb&d must be brought in the state or federal courts in Chicago, Illinois; the parties hereby consent to the jurisdiction of such courts.

I. Advertiser and its Agency, if there be one, each represent that any advertising (including product samples) submitted to gb&d complies with all applicable laws and regulations and does not violate the rights of, and is not harmful to, any person, corporation or other entity. As part of the consideration to induce gb&d to publish such advertisement, Advertiser and its Agency, if there be one, each agrees jointly and severally to indemnify and save harmless gb&d, and its employees, owners and representatives, against all liability, loss, damage, and expense of any nature, including attorneys’ fees and court costs, arising out of any actual or potential claims for libel, invasion of privacy, copyright or trademark infringement and/or any other actual or potential claims or suits that may arise out of the copying, printing, publishing, distribution or transmission of such advertisement.

J. In the event an order is placed by an Agency on behalf of Advertiser, such Agency warrants and represents that it has full right and authority to place such order on behalf of Advertiser and that all legal obligations arising out of the placement of the advertisement will be binding on both Advertiser and Agency.

K. Advertiser and its Agency, if there be one, agree to be jointly and severally liable for the payment of all amounts charged by gb&d for each advertisement. Advertiser authorizes gb&d, at its election, to tender any invoice to Agency, and such tender shall constitute due notice to Advertiser of the invoice and such manner of billing shall in no way impair or limit the joint and several liability of Advertiser and Agency. Payment by Advertiser to Agency shall not discharge Advertiser’s liability to gb&d. The rights of gb&d shall in no way be affected by any dispute or claim between Advertiser and Agency.

L. Advertiser or Agency may not use any advertising space either directly or indirectly for any business, organization, enterprise, product, or service other than that for which the advertising space is provided by gb&d, nor may Advertiser or Agency authorize any others to use any advertising space in such manner.

M. An advertising order may be cancelled by Advertiser or Agency providing written notice of such cancellation to gb&d no later than the 3rd day after the contract date, which shall be the earlier of the date of the applicable advertising contract or the date the applicable insertion order is received by gb&d. In the event of any order cancellation, Advertiser and Agency shall remain liable for the full advertising rate (except as otherwise provided herein) and shall reimburse gb&d for the cost of any work performed or materials purchased on behalf of Advertiser, including the cost of services, paper and/or printing.

N. Advertiser and/or Agency agrees to reimburse gb&d for its attorneys’ fees and costs in collecting any unpaid amounts for any advertisement order.

O. Advertiser and Agency agree that any advertisements published may, at gb&d’s sole option, be included in all forms of media, whether now in existence or hereafter developed, in which the article, feature, issue or other writing (regardless of the form of such media) containing the advertisement is published, reproduced, distributed, displayed, performed, or transmitted, in whole or in part; provided, however, gb&d shall not be required to include (1) any advertisement originally published in one form of media in any other form of media regardless of any additional publication, reproduction, distribution, display, performance or transmission of the original article, feature, title, issue or other writing containing or otherwise related to such advertisement, or (2) any advertisement originally published with or in connection with any article, feature, issue or other writing in any additional publication, reproduction, distribution, display, performance or transmission of such article, feature, issue or other writing. The copyright in any advertisement created by gb&d is owned by gb&d, and may not be otherwise used by Advertiser or third parties without gb&d’s prior written consent.

P. Except for rates agreed to in writing by Advertiser and gb&d, advertising rates and units of space for each order shall be at the standard rates set forth in the media kit on the date the applicable insertion order is received by gb&d.

Q. Any Agency commissions are the sole obligation and liability of the applicable Advertiser.

R. Terms of sale: Payment is due by the earlier of (1) the listed due date in the applicable advertising contract for the particular advertisement and (2) 45 days from the date of the applicable advertising contract. Notwithstanding anything to the contrary contained herein or the applicable advertising contract, in the event full payment is not received by gb&d on or prior to the due date as provided in this subsection, the advertising rates for the applicable contract and advertisements shall increase to the standard rates set forth in the then current media kit and full payment of such amount shall be immediately due and owing; provided, however, in the event the advertising rates for the applicable advertising contract and advertisements are already based on the standard rates set forth in the then current media kit, interest will be charged on the outstanding balance at 2.0% per month.

S. gb&d has not made any representations to Advertiser or Agency that are not contained herein. No addition or alteration to these terms and conditions shall be valid or enforceable unless expressly agreed to in writing by gb&d. Unless expressly agreed to in writing by gb&d, no other terms or conditions in contracts, orders, copy, instruction, or other documents furnished by or on behalf of Advertiser or Agency (regardless of when received by gb&d) will be binding on gb&d.