ARCAT Company History

ARCATgreen CHECKLIST TERMS OF USE AGREEMENT

The following are the terms of a legal agreement between you and Arcat, Inc. ("Arcat").  By accessing, browsing and/or using the ARCATGreen Checklist (the "Checklist") you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations.  If you do not agree to these terms DO NOT USE THE CHECKLIST AND/OR ANY INFORMATION GENERATED BY ACCESSING THE CHECKLIST.  The material provided on the Checklist is protected by law. The Checklist is controlled and operated by Arcat.  Arcat makes no representation that the contents of the Checklist are appropriate, legal or available for use in any locations outside the United States of America. Those who choose to access the Checklist from other locations do so with their own initiative and are responsible for compliance with applicable local laws.

1.  BACKGROUND.
The Checklist is comprised of a list of various types of building products and information concerning those products.  The information on the Checklist concerning the building products, including, but not limited to, any information about a building product's potential contribution to a United States Green Building Council's Leadership in Energy and Environmental Design Certification ("LEED Certification"), is provided by the manufacturer of the building product and not by Arcat.

2. TITLE.
Arcat maintains all title, ownership rights and intellectual property rights in and to the Checklist.  This Agreement is not a sale and nothing contained herein will be deemed to grant you any right, title or interest in, or to, the intellectual property rights in the Checklist.  All copyright and other rights pertaining to the Checklist are owned by Arcat or its affiliates.

3.  GRANT.
You are granted permission to access, browse, view, download, print and copy onto the hard disk of your computer (but not photocopy) and use the Checklist for the limited purpose of obtaining information about the building products contained on the Checklist.  Any other type of use requires the prior written agreement of Arcat.  You agree not to use the Checklist: 
1) to compete with ARCAT;
2) to misrepresent ARCAT's connection to the material; 
3) in a manner that is inconsistent with the terms of this Agreement or other applicable laws;
4) to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Checklist; 
5) to transmit or re-circulate any material obtained from the Checklist to any third party; 
6) to create content that can be linked to or framed by other internet sites in any way;
7) to otherwise create content for third parties;
8) in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms;
9) in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Checklist by any person; or
10) in any way that might bring Arcat into disrepute.

Arcat shall have the right to refuse to allow you access to the Checklist at any time and for any reason without giving you any advance notice and Arcat shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Arcat or its employees) arising from your inability to access the Checklist.  Permission to use the Checklist will terminate immediately upon your breach of any of the terms of this Agreement or applicable law.  ARCAT reserves the right to terminate this Agreement at any time.  Upon termination, you agree to discontinue all use of the Checklist.

4.  DISCLAIMER OF WARRANTIES.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE INFORMATION, OFFERINGS, CONTENT AND MATERIALS ON THE CHECKLIST ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  ARCAT NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OF, ORTHE RESULTS OF THE USE OF, THE INFORMATION, OFFERINGS, CONTENT AND MATERIALS ON THE CHECKLIST IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OF ANY INFORMATION CONCERNING A BUILDING PRODUCT'S POTENTIAL CONTRIBUTION TO A LEED CERTIFICATION.  YOU ARE RESPONSIBLE FOR CHECKING THE ACCURACY OF RELEVANT INFORMATION, FACTS AND OPINIONS ON THE CHECKLIST BEFORE ENTERING INTO ANY COMMITMENTS BASED UPON THEM.

Save unless otherwise stated, Arcat does not itself manufacture any of the goods described on the checklist and makes no warranty whatsoever as to any goods that may be purchased or obtained by you or offered to you through use of the checklist, whether accessed directly or otherwise.
NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM ARCAT'S PERSONNEL OR THROUGH THE CHECKLIST SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

5. LIMITATION OF LIABILITY
ARCAT CAN NEITHER GUARANTEE THE ACCURACY OF THE INFORMATION PROVIDED ON THE CHECKLIST NOR THAT YOUR USE OF THIS CHECKLIST WILL BE UNINTERRUPTED, FREE FROM ERROR, AND/OR THAT DEFECTS WILL BE CORRECTED.  ARCAT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of ARCAT or its officers) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of, or in connection with, any information OFFERINGS, CONTENT OR MATERIALS on the CHECKLIST or any other Internet sites or the use thereof.

WHILST EFFORT HAS BEEN TAKEN TO ENSURE THAT THE CHECKLIST IS FREE FROM VIRUSES, ARCAT GIVES NO WARRANTIES THAT THE CHECKLIST IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE INSTALLED ADEQUATE AND UP-TO-DATE VIRUS-CHECKING SOFTWARE.  ANY INFORMATION, OFFERING, CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CHECKLIST IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION, OFFERING, CONTENT OR MATERIAL.  ARCAT ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS exclude, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of ARCAT or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of the CHECKLIST.

On some of the pages of the CHECKLIST you may be informed of the opportunity of entering into agreements with third parties.  ARCAT is not liable in relation to, and takes no responsibility for, any contract entered into by you with any third party.

6.  GOVERNING LAW.
This Agreement is governed and shall be construed in accordance with the internal laws of the State of Connecticut, and any action arising out of or in any way connected with this Agreement shall be brought only in Federal District Court for the District of Connecticut or Superior Court in Connecticut.  If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

7. LINKS TO OTHER 
The Checklist includes links to external internet sites.  These links are included to give you the opportunity to access other pages that it is felt may be of interest or assistance to you.  Arcat is not responsible for the content of these internet sites nor will Arcat accept any liability or responsibility for any damages incurred from access to these internet sites.

8. TRADE MARKS AND PATENTS OF ARCAT.
The names, images and logos identifying Arcat or third parties and their products and services, are the proprietary marks of Arcat and/or may be the proprietary marks of third parties.  Any use made of these marks may be an infringement of rights in those marks and Arcat reserves all rights to enforce such rights that it might have.

9. TERMS OF USE REVISIONS.
These terms may be varied at any time.  Please ensure that you review the terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Checklist after any variation has been posted.