Website Portal Terms and Conditions of Use – Assessor/Contractor International Accreditation Service, Inc.
1. Acceptance of Terms
In consideration of the International Accreditation Service, Inc. and its respective affiliates and subsidiaries (collectively, “We,” “Us,” “Our,” “IAS”) providing You limited rights of use and access to the IAS Website Portal (“Website Portal”) where this Website Portal Terms and Conditions of Use – Assessor/Contractor is posted and any of the products or services available on the Website Portal (the “Services”), You agree to the following terms and conditions of this IAS Website Portal Terms and Conditions of Use – Assessor/Contractor (this “Agreement”). This Agreement is in addition to, and does not nullify, any other agreement between You and Us, or between You and IAS's parent company International Code Council, Inc. (“ICC”), or any other applicable terms and conditions found on the Website Portal. You agree to comply with all rules or restrictions that are posted on the Website Portal.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE PORTAL. EACH TIME YOU USE THE WEBSITE PORTAL, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE PORTAL.
YOU MAY ALSO AGREE TO THIS AGREEMENT ELECTRONICALLY, WHICH MAY INCLUDE, WITHOUT LIMITATION, CLICKING ON AN “AGREE” OR SIMILAR BUTTON OR CHECKING A BOX THAT IS NEXT TO OR NEAR A LINK TO THIS AGREEMENT.
2. Disclaimer of Warranties and Liability
To the extent prohibited by law, the materials on the IAS Website Portal are provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY OR ACCURACY.
IN NO EVENT SHALL IAS, ITS PARENT ICC, AND/OR THE OFFICERS, DIRECTORS, AGENTS, STAFF, EMPLOYEES, CONTRACT ASSESSORS, MEMBERS, AUDITORS, VOLUNTEERS, SUPPLIERS, AND/OR OTHER AFFILIATES OF IAS OR ICC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THIS WEBSITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THIS WEBSITE. This liability disclaimer includes, but is not limited to, damages resulting from the following:
- Your use or your inability to use IAS's Website Portal and services;
- Delays or disruptions in IAS's Website Portal and services;
- Viruses or other malicious software obtained by accessing IAS's Website Portal or services or any site or service linked to IAS's Website Portal or services;
- Glitches, bugs, errors, or inaccuracies of any kind in IAS's Website Portal or services or in the information and graphics obtained from them; or
- The content, actions, or inactions of third parties.
3. Unauthorized Use of IAS Website Portal Assessor/Contractor Account
IAS Website Portal assessor/contractor accounts shall be managed by the individual account holder. Upon the discharge of an assessor/contractor from the IAS contractor pool, the account holder shall cease use of its IAS Website Portal account. In no event shall IAS, ICC, and/or their officers, directors, agents, staff, employees, contract assessors, members, volunteers, suppliers, and/or other affiliates be liable for any damages whatsoever resulting from the unauthorized use of your IAS Website Portal account by third parties.
4. The Security of the Website Portal
IAS maintains commercially reasonable physical, electronic, and procedural safeguards and personnel policies that are designed to guard the Website Portal, IAS systems, and IAS customers' personal information. For example, for the security of Your online visit to the Site, We may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while IAS strives to protect Your personal information, neither IAS nor its parent company ICC can ensure or warrant the security of any Content You transmit to IAS, and You do so at Your own risk. In the event of a breach of the confidentiality or security of Your personal information, IAS will notify You as necessary so You can take appropriate protective steps. Unless You indicate otherwise, IAS may notify You under such circumstances using the email address You provided to IAS when You registered with the Website Portal.
5. Website Portal is for Use in the United States
The Website Portal is hosted in the United States and is intended for users located in the United States. If You are a non-U.S. user of the Website Portal, by visiting the Website Portal, using the Services and/or providing IAS with any personal, anonymous browsing or non-personal information, User Generated Content, or any other Content, You agree to comply with all federal and state U.S. laws governing the Website Portal, the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which You reside.
You agree to indemnify and hold harmless IAS, ICC, and/or their officers, directors, agents, staff, employees, contract assessors, members, auditors, volunteers, suppliers, and/or other affiliates from and against any and all damages, liabilities, losses, costs or expenses (including attorneys' fees) arising from your violation of this Agreement or any applicable federal, state, local laws and regulations relating to your use of this website portal.
7. Policy Regarding Use of Our Trademarks
The trademarks, logos, and service marks (“Marks”) displayed on the Website Portal, and related websites belonging to IAS and/or ICC, are registered trademarks of their respective owners, are the property of their respective owners, and are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that IAS and/or ICC sponsor or with which IAS and/or ICC are otherwise affiliated. IAS and/or ICC trademarks may not be used for personal financial gain. Use of the Marks is prohibited without IAS and ICC's express written consent, except as permitted by applicable laws. Nothing contained on the Website Portal should be
construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without IAS and ICC's express written consent.
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
10. No Waiver
Any delay or failure by You or Us, at any time or times, to require performance of any provision of this Agreement shall in no manner affect Your or Our right at a later time to enforce such provision. No delay or failure of You or Us in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
11. Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Us and You pertaining to the subject matter hereof. In Our sole discretion, We may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Website Portal. The date of the most recent revision will appear at the top of this page. If We have an e-mail contact for You and the changes to the Agreement are material, We may notify You of such changes by sending You an e-mail to the address You have provided to Us. We encourage You to review this Agreement periodically for any updates or changes. Any amended or modified terms will be effective upon posting or at the time set forth in an e-mail notice to You. Continued use of the Website Portal constitutes acceptance of any modified terms and conditions.
ICC also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website Portal, which may be posted in the relevant parts of the Website Portal, and will be identified clearly and conspicuously. Your continued use of the Website Portal constitutes Your agreement to comply with these additional rules.
You may not assign Your rights or delegate Your responsibilities hereunder without Our express written permission. We may, at any time, assign Our rights or delegate Our obligations hereunder without notice to You.
13. Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.