TERMS OF USE

This web application was prepared as the basis for discussion and academic research. The application and all supporting material, data and information contained herein was not made for, and it should not be used for, the following including but not limited to: cost-benefit analysis, professional consulting, investing, marketing or selling of securities and any other kind of professional services or commercial activities. This web application is under development and may contain partial and incomplete information and data. The material contained and presented through the application is in a draft form, and intended solely for academic research. It will be used for the advancement of the academic and research purposes of the Zofnass Program.


Copyright© 2014 by the President and Fellows of Harvard College. No part of this web application may be quoted, reproduced for distribution, stored in a retrieval system, used in a spreadsheet, or transmitted in any form or by any means- electronic, mechanical, photocopying, recording, or otherwise- without prior written approval of Harvard University.


If you do not agree with these Terms of Use, please do not use the web application. Your use of the site indicates your acceptance of these Terms of Use. Any material changes to the Terms of Use, will be posted here for your awareness. Your continued use of the site following the posting of changes to the Terms of Use indicates your acknowledgement and acceptance of such changes.


DISCLAIMER AND LIMITATION OF LIABILITY:
You hereby agree not to hold Harvard University, or any of the partners, their affiliates, and their respective officers, directors, employees, agents, and representatives liable for any services delivered which originated through the site or were otherwise provided by someone affiliated with the site and you hereby release all such persons from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.


THE MATERIALS IN THE SITE, INCLUDING BUT NOT LIMITED TO THE DATABASE/S, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ZOFNASS PROGRAM FOR SUSTAINABLE INFRASTRUCTURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, THE ZOFNASS PROGRAM FOR SUSTAINABLE INFRASTRUCTURE MAKES NO REPRESENTATIONS OR WARRANTIES (i) OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, (ii) THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR (iii) THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT THE ZOFNASS PROGRAM FOR SUSTAINABLE INFRASTRUCTURE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ARE NOT LIABLE FOR THE ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FORM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR OWN RISK.


UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE ZOFNASS PROGRAM FOR SUSTAINABLE INFRASTRUCTURE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL SUCH PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.


INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless the Zofnass Program for Sustainable Infrastructure, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against all claims, losses, expenses, liabilities, damages, and costs (including attorneys’ fees) arising out of or relating to from your (a) use of the Site, (b) violation of any third party right, or (c) breach of any of these Terms of Use. The Zofnass Program for Sustainable Infrastructure reserves the right to assume, at its own expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Zofnass Program for Sustainable Infrastructure in asserting any available defenses. In any event, you agree not to settle any such matter without the prior written consent from The Zofnass Program for Sustainable Infrastructure.


JURISDICTION:
These Terms of Use and all matters or issues collateral thereto will be governed by, construed, and enforced in accordance with the laws of the State of Massachusetts applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State.