- 1 Copyright and trademark
All information available through the Web Site is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the content of the Web Site (the “Content”) are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Web Site may be registered or unregistered marks of GIIRS or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of GIIRS or a third party owner of such Marks. You shall honor all reasonable requests by GIIRS or third party owner to protect such person’s proprietary interest in the Web Site and the Content. All rights not expressly granted are reserved.
- 2 Personal use
You are entitled to use the materials included on this site for your private, non-commercial use only. You may not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, modify, display or create derivative works from or exploit the contents of this site in any way without the express written consent of GIIRS. You agree to indemnify, defend and hold harmless GIIRS and any third-party data providers, from all damages, liabilities, costs, charges, and expenses, including reasonable attorneys’ fees, that GIIRS, its affiliates, employees, and authorized representatives may incur as a result of (i) your breach of these Terms and Conditions; (ii) material entered into the Web Site with the use of your screen name or password; or (iii) any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to GIIRS and that in the event of an unauthorized use, GIIRS shall be entitled to an injunction in addition to any other remedies available at law or in equity.
You may not input or distribute any material through the Web Site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of GIIRS.
- 3 Term, Termination
These Terms and Conditions will take effect when you first commence using the Web Site. GIIRS reserves the right at any time and for any reason to deny you access to the Web Site or any portion thereof. Termination will be effective without notice.
- 4 Anti-Hacking Provision
You expressly agree not to:
· use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web Site, any data or Content found on or accessed through the Web Site or any Other Content without the prior express written consent of GIIRS;
· obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
· violate the restrictions in any robot inclusion headers on this Web Site or in any way bypass or circumvent any other measure employed to limit or prevent access to the Web Site or its Content;
· violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any GIIRS server, through hacking, password mining or any other means;
· interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site;
· take or attempt any action that, in the sole discretion of GIIRS, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or GIIRS’s infrastructure.
- 5 Nature of Service
This Web Site contains statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. [References to any specific securities or investment advice of any kind do not constitute an offer to buy or sell securities. The past performance of an investment or investment strategy cannot guarantee its future performance.]
- 6 Timeliness of Content
The Content displayed on the Web Site, including, but not limited to, reports and other opinions or statements, is current as of the date appearing on the report and is subject to change without notice. GIIRS does not guarantee or warrant the accuracy, timeliness, or completeness of any information (including, but not limited to any ratings) you access using the Web Site, and assumes no obligation to update any information following publication.
- 7 Feedback and submissions
You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You agree that, to the extent required by laws, regulations or contractual terms applicable to you, you will obtain all necessary approvals from, and made all necessary notifications to, individuals and corporations whose information is disclosed by you for the purposes contemplated by these Terms. Those purposes may include the transfer of the information to jurisdictions that provide a different level of statutory protection for such information and to third parties acting on B Lab’s behalf.
- 8 Links
- 9 Privacy & security
Other than as outlined in this Section 9, identifiable information entered the GIIRS Impact Assessment is considered confidential, and GIIRS will take reasonable precautions to protect such identifiable information. B Lab reserves the right to share aggregated and anonymous data with our partners, with academics, and in publications based upon data submitted through this system. When aggregated in this way, GIIRS will use its commercially reasonable efforts to ensure that Company data will never does not appear with any identifiable information or in a benchmark group with less than five other data points. Notwithstanding GIIRS’s efforts, it is possible that partners, academics, readers or other users would be able to determine the identity of the Company based on the anonymous information. Except as otherwise provided in this agreement, GIIRS shall have no liability to the Company or any other person in the event any person is able to determine the identity of the Company based on anonymous or aggregated information.
In the event you have indicated that you are affiliated with, or a member of, one of our Standards Partners, B Lab reserves the right to share information with our Standards Partners (organizations that B Lab has entered into a relationship into with regards to the B Impact Ratings System or GIIRS). Visit the following pages to see a list of our partners: B Corporation, GIIRS. Data that is shared with our Standards Partners are subject to the privacy policies of our partners.
For Certified B Corporations and GIIRS Rated Companies, please see your signed term sheet for additional information regarding transparency requirements, information reciepients, data usage and privacy.
Users entering material into the Web Site are responsible for the content of that material. GIIRS does not have responsibility for other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the GIIRS Web Site. However, GIIRS retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete other Content that GIIRS deems to be illegal, offensive, or otherwise inappropriate.
- 10 Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national and international laws and regulations. While GIIRS has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this Web Site over the Internet cannot be guaranteed. Accordingly, GIIRS and its licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Web Site, or for the consequences of any reliance on such information. GIIRS and its licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Web Site.
- 11 Enforcing Security
Actual or attempted unauthorized use of any of the Web Site may result in criminal and/or civil prosecution. For your protection, GIIRS reserves the right to view, monitor, and record activity on the Web Site without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Web Site. GIIRS will also comply will all court orders involving request for such information.
- 12 Disclaimer
GIIRS does not guarantee that the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or that defects will be corrected even if GIIRS is aware of them.
- 13 Extended Disclaimer
No content (including ratings, related analyses and data, model, software or other application or output) or any part thereof (“Content”) may be modified, reverse-engineered, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without the prior written permission of GIIRS. The Content shall not be used for any unlawful or unauthorized purposes. GIIRS, its affiliates, and any third-party providers, as well as their directors, officers, shareholders, employees or agents (collectively, the “GIIRS Parties”) do not guarantee the accuracy, completeness, timeliness or availability of the Content. The GIIRS Parties are not responsible for any errors or omissions, regardless of the cause, for the results obtained from the use of the Content, or for the security or maintenance of any data input by the user. To the extent permitted by applicable law, in no event shall any GIIRS Party be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with any use of the Content even if advised of the possibility of such damages. Related analyses, including ratings, and statements in the Content are statements of opinion as of the date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any securities or to make any investment decisions. The GIIRS Parties assume no obligation to update the Content following publication in any form or format. The Content should not be relied on and is not a substitute for the skill, judgment and experience of the user, its management, employees, advisors and/or clients when making investment and other business decisions. The Content is for informational purposes and is not an offer or recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular investment strategy. The Content is not intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied upon as such. GIIRS’s opinions and analyses do not address the suitability of any security. GIIRS does not act as a fiduciary or an investment advisor. While GIIRS has obtained information from sources it believes to be reliable, GIIRS does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives. GIIRS reserves the right to disseminate its opinions and analyses. Historical data and analysis should not be taken as an indication or guarantee of any future performance, analysis, forecast or prediction.
- 14 Notification of changes
- 15 Submissions
GIIRS also welcomes your feedback and suggestions about how to improve this Web Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Web Site, however will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for GIIRS to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.
- 16 Nature of Relationship/Severability
No joint venture, partnership, employment, or agency relationship exists between you and GIIRS as a result of these Terms and Conditions or your utilization of this Web Site. If any provision of these Terms and Conditions is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.
- 17 Dispute Resolution
Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any disputes relating to the content of the Web Site, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be Pennsylvania. The decision of the arbitrators shall be binding upon the parties herteo, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in Pennsylvania for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, GIIRS may seek preliminary injunctive relief from a court of law in the event of a breach by you.]
- 18 Additional Legal Terms
This Agreement constitutes the entire agreement between the parties relating to the Web Site and supersedes any and all other agreements, oral or in writing, with respect to the Web Site. The failure of GIIRS to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provision will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the Commonwealth of Pennsylvania. The parties agree that the State and Federal courts of Pennsylvania shall be the exclusive forums for any dispute arising out of this Agreement and the parties hereby consent to the personal jurisdiction of such courts.
 NOTE: Dispute/arbitration provisions to be conformed to other agreements.