IGA Website Terms and Conditions of Use

Welcome to www.iga.org (the "Site"), operated by the Independent Glass Association ("IGA"). You may use the Site only if You are a corporation or other business entity or an individual eighteen (18) years of age or older. For purposes of these Terms and Conditions of Use ("Terms and Conditions"), the terms "You" and "Your" refer to corporations or other business entities, and their agents, and to individuals using this Site for personal business, respectively and as applicable. The Site is available only to individuals and businesses who can form legally binding contracts under applicable law.

YOUR USE OF THE SITE MEANS YOU ACCEPT THESE TERMS.
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE.

These Terms and Conditions govern the use of the Site and constitute a binding contract between IGA and You. By accepting these Terms and Conditions, You acknowledge that You have read, understood and agree to be bound by these Terms and Conditions. If You are using this Site as an agent for a corporation or other business entity, You shall only use this Site if You are duly authorized by the corporation or business entity and have the authority to bind Your corporation or business entity. If You are using this Site in Your individual capacity, You are personally liable for the actions You take while using this site.

MODIFICATION OF TERMS

You should visit this page periodically to review these Terms and Conditions. You acknowledge and agree that from time to time, IGA can modify or amend these Terms and Conditions as currently in effect as of this date. Your continued use of the Site after a modification or amendment shall constitute acceptance and agreement to the modified Terms and Conditions.

USE OF WEB SITE

Subject to these Terms and Conditions, IGA will permit the use of the Site by You. [You will select a password ("Password") and user name ("User-Name") for Your exclusive use in accessing the Site and will notify IGA of Your choice of Password and User-Name.]

Business Users

(a) IGA will permit the use of the IGA Site by corporations and other business entities ("Business Users") and their authorized agents. If You are using this Site on behalf of a Business User, You hereby accept these Terms and Conditions of Use individually and on behalf of the Business User. [You may only use the User-Name and Password associated with the Business User for accessing the IGA Site on behalf of the Business User, and ]You shall use the Site solely for the legitimate business purposes of Business User. [If You desire to use this Site for personal business, You must log-in using Your individual User-Name and Password.]

[(b) Neither You nor Business User shall disclose Your User-Name or Password to, or permit use of the IGA Site by, any other person. You shall takes such steps as are necessary to ensure that You keep Your User-Name and Password confidential and do not disclose You User-Name or Password to any person or entity, including agents of Business User.

(c) You shall immediately notify IGA in writing of any unauthorized use of Your User-Name, a Password, or the IGA Site, or any other breach of security. Such notice shall be delivered to info@iga.org.]

(d) The Business User fully assumes and agrees to bear and be responsible for all risks arising out of the use of the IGA Site by You, other agents of Business User, and any other person [using an User-Name or Password] associated with Business User. If You access the site [with a User-Name and Password associated with a Business User without Business User's authorization or] for a purpose unrelated to the Business User, You fully assume and agree to bear and be responsible for all risks arising out of the use of the Site by You.

(e) IGA reserves the right at any time in its sole discretion to modify or discontinue the IGA Site, modify or discontinue any information or other content contained in the IGA Site, or terminate [Your Password and User-Name and] Your use of the Site, for any reason or no reason.

Individual Users

(a) You shall use the Site solely for legitimate business purposes.

[(b) You shall immediately notify IGA in writing of any unauthorized use of Your Password, User-Name or the Site, or any other breach of security. Such notice shall be sent to info@iga.org.]

(c) You fully assume and agree to bear and be responsible for all risks arising out of the use of the Site by You.

(d) IGA reserves the right at any time in its sole discretion to modify or discontinue the Site, modify or discontinue any information or other content contained in the Site, or terminate [Your Password and User-Name and] Your use of the Site, for any reason or no reason.

GENERAL POLICIES OF OPERATION

The provisions under this heading apply to the use of all portions of the Site.

IGA reserves the right to monitor content on the Site and to remove or modify content which IGA, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of IGA's policies of operation. You agree that IGA has the right, but not the obligation, to monitor, edit, disclose (subject to IGA's Privacy Policy), refuse to post, or remove at any time, for any reason in its sole discretion, any material and content, including but not limited to Your information and posted items anywhere on the Site, including but not limited to chat rooms, bulletin boards, e-mail and other forums. Notwithstanding this right, You acknowledge that IGA does not and cannot review all materials posted to the Site by users and IGA is not responsible for any such material posted by a user. In order to maintain an informative and valuable Site that meets the needs of the users of the Site and avoids the harm that can result from the dissemination of statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.

While using the Site You may not:

post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. It is not IGA's intent to discourage You from taking controversial positions or expressing vigorously what may be unpopular views or opinions. IGA does, however, reserve the right to take such action as it deems appropriate in instances where the Site is used to disseminate statements which are deeply and widely offensive and/or harmful in nature

  • post or transmit any message which discloses private or personal matters concerning any person
  • post or transmit any information, file or software that contains a virus, cancelbolt, worm, Trojan Horse or any other contaminating or destructive features
  • post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or Site marks used in an infringing fashion
  • interfere, in any way, with other users of the Site; post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes
  • post, list or transmit articles, which are off topic according to the description of the group affected.
    You warrant and agree that You shall not impersonate or misrepresent Your affiliation with any other person or entity or attempt to gain unauthorized access to other computer systems or data through the Site.

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the employment services portion of this Site.

The material available though the Site may contain inaccuracies or typographical errors. IGA makes no representations about the accuracy, reliability, completeness, or timeliness of the material available through the Site. The use of Site and the material available through the site is at Your own risk. Changes are periodically made to the Site, and may be made at any time.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any material placed by You on the Site.

LINKS AND LINKING.

Anyone linking to IGA's Site must comply with all applicable laws. Without limiting the generality of the foregoing, a site that links to IGA's Site:

  • may link to, but not replicate, content on this Site;
  • should not create a browser or border environment around content on this Site;
  • should not imply that IGA is endorsing it or its products;
  • should not misrepresent its relationship with IGA;
  • should not present false information about IGA's products or sites;
  • should not use IGA's trademarks without permission; and
  • should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for viewing by all age groups.

Any links from the Site to third party sites are provided solely as a convenience to You, and not as an endorsement by IGA of the content on such third-party sites. These linked sites (including sites of state chapters of IGA) may not be under the control of IGA and IGA, therefore, is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of information on such third-party sites. If You access any of the third-party sites linked to this site, You do so entirely at Your own risk.

SITE AS VENUE FOR INTERACTION WITH THIRD PARTIES

Site As Venue Only For Technical Information

This Site provides a venue for exchange of technical information relating to the commercial glass industry between You and other users. Any users providing such technical advice on this Site are not employees or agents of IGA. Such users are solely responsible for the information they provide You, including their advice and compliance with industry requirements and local, state and federal law. IGA MAKES NO ENDORSEMENT OR WARRANTY OF ANY KIND WITH RESPECT TO ANY GOODS OR SERVICES OFFERED FOR SALE THROUGH THE SITE BY ANY THIRD PARTY SELLER OR WITH RESPECT TO ANY TRANSACTION ENTERED INTO THROUGH THE SITE BETWEEN YOU AND A THIRD PARTY SELLER.
Site As A Venue Only For Transactions With Third Party Sellers

This Site provides a venue for transactions between buyers and sellers, other than IGA, of goods and services. IGA is not a party to those transactions and is not responsible to either buyer or seller for fulfillment of any such transaction. Affiliates of IGA may provide goods and services through the Site. Should You enter into a transaction with a IGA affiliate, You will be entering into a relationship with the affiliate and not with IGA. Use of this site constitutes acknowledgement of IGA's limited role in such transactions and a waiver of any claims against IGA arising out of transactions effected through the Site. IGA MAKES NO ENDORSEMENT OR WARRANTY OF ANY KIND WITH RESPECT TO ANY GOODS OR SERVICES OFFERED FOR SALE THROUGH THE SITE BY ANY THIRD PARTY SELLER OR WITH RESPECT TO ANY TRANSACTION ENTERED INTO THROUGH THE SITE BETWEEN YOU AND A THIRD PARTY SELLER.

Advertisements

Your correspondence or business dealings with third party advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party advertiser.

No Price Manipulation

Sale price manipulation of any kind, directly or indirectly, by users is prohibited, including, but not limited to, through a secondary account, agent or assign, by making offers for Your own account and the posted items You have provided or by communicating with other buyers and sellers.

Taxes

You acknowledge and agree that IGA does not take any responsibility to calculate, report or remit sales or use taxes which may be assessed, due or owing to the taxing authorities of any jurisdiction for transactions with third party sellers that arise in connection with Your use of the Site. You acknowledge and agree that You are solely responsible for the calculation, collection and remittance of any applicable taxes which may be incurred or assessed in connection with Your use of the Site, other than taxes based on IGA's income.

Import/Export

The United States and other governments regulate the import and export of products and information. You agree to comply with all such import and export laws and regulations restrictions and not to import, export or re-export products or services purchased or sold through the Site to countries or persons prohibited under applicable import and export control laws. By using this Site, You are agreeing that You are not in a country where such import/export is prohibited or are a person or entity to which such import/export is prohibited. You are responsible for compliance with the laws of Your local jurisdiction regarding the import, export, or re-export.

IGA.ORG DISCUSSION BOARDS

The following terms and conditions apply to Your use of the Discussion Board portion of the Site.

Use of Information on Our Discussion Boards.

The Discussion Boards provide users an area to discuss information, views, opinions, and recommendations of many individuals and organizations.

The Discussion Boards are designed to help You acquire the information You need to help You make Your own decisions. Those decisions, however, must be made by You. You are responsible for properly analyzing and verifying any information You intend to rely upon.

IGA and its employees assume no responsibility for the accuracy, completeness, objectivity, or usefulness of the information presented on the Discussion Boards. We do not endorse any recommendation or opinion made by any user.

IGA cannot and does not confirm that other users are who they say they are. IGA takes no action to perform a background check on any of our individual users. We do not guarantee that users are providing accurate information. Users may use our the Site Discussion Boards for personal gain. Therefore, You should approach messages with appropriate skepticism. There are risks, including, but not limited to the risk of physical harm, associated with dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME INTO CONTACT THROUGH THIS SITE.

Messages posted by individuals may be misleading, deceptive, or in error. If You disagree with a posting, You may want to post a response. It is the policy of IGA to allow our users to freely discuss issues in a free and open manner, and we will not take sides in disagreements or disputes involving our users, so do not ask us to do so.

User Conduct and Responsibilities

Your conduct when using the Discussion Boards should reflect an appropriate respect and consideration for the other users of the Discussion Boards. The information You provide in Your postings will be true and accurate to the best of Your knowledge. You should demonstrate appropriate respect for other users who have made postings. If You disagree with an opinion set forth, feel free to challenge that opinion with a posting of Your own. You should, however, refrain from ever personally attacking the person making the posting. You agree to abide by a code of conduct by which You will not:

  • Use the Discussion Boards for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable, or for the posting of false or misleading messages or materials.
  • Post material, non-public information about companies, without the authorization to do so.
  • Post of transmit third-party copyrighted information or in any way infringe on the intellectual property, contractual, or fiduciary rights of others.
  • Provide false information on Your registration form or impersonate someone else.
  • Use the Discussion Boards for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of e-mail or other solicitations. Harvesting of e-mail addresses, postings, or transmissions for purposes of unsolicited or bulk e-mail.
  • Post improper or off-topic messages.
  • Violate the letter or spirit of the Terms of Use.

You agree that You are fully responsible for any repercussions resulting from any post that occurs on Your account while Your User-Name or Password is being used. If You suspect You are being impersonated, contact info@iga.org immediately.

Hyperlinks Within Messages

The Discussion Boards allow users to add external links in their messages to other sites throughout the Internet. We are not responsible for the availability of these resources, nor are we responsible or do we endorse any content, advertising, products, or other materials found on external sites. You are fully responsible for any loss or damages when attempting to use a hyperlink or when You successfully link to a site.

IGA's Right to Use Content

The content available throughout the Discussion Boards is the property of IGA and is protected by copyrights and trademarks. You may display, reformat, and print information found on the Discussion Boards for personal use only. You agree not to reproduce, transmit, repost, distribute, sell, publish, broadcast, or in any other way commercially exploit any of the content without our written consent.

You agree that upon posting information on the Discussion Boards, You grant IGA and its successors a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, whole or part, without any duty to account to You. You also grant IGA the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.

Termination of Access

You agree that we may terminate or suspend Your access to the Discussion Boards for any
reason or no reason at all. In addition, we reserve the right to edit the content of any posts that You may make to the Discussion Boards. Any suspected fraudulent, abusive, or illegal activities are possible grounds for termination. Neither IGA nor any its employees shall be liable to You or any third party for the termination of the Discussion Boards or any claims.]

GOVERNING LAW, ARBITRATION AND JURISDICTION

Any controversy or claim arising out of or relating to Your use of the Site, the relationship resulting in or from Your use of the Site, the breach of any duties hereunder or any other relationship, transaction or dealing between You and IGA (collectively "Disputes") are governed by and construed in accordance with the laws of the state of California (regardless of the laws that might be applicable under principles of conflicts of law); provided, however, that the Federal Arbitration Act ("FAA"), to the extent applicable and inconsistent, will supersede the laws of such State and shall govern. You irrevocably consent to the exclusive jurisdiction and venue of the State or Federal Courts serving the State of California in all Disputes. You hereby irrevocably waive any objection which You may now or hereafter have to the laying of venue of any actions or proceedings arising out of or in connection with this Agreement brought in the courts referred to in the preceding sentence and hereby further irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum. In the event any Dispute arises between You and IGA, it shall be resolved in accordance with the alternative dispute resolution procedure set forth in the following paragraph.

All Disputes will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of The American Arbitration Association. Such arbitration shall be conducted in California. You agree the arbitration shall be conducted by a panel of three arbitrators, one designated by You, one designated by IGA, and the third, neutral arbitrator chosen jointly by our respective arbitrators. Any award rendered by the arbitrator(s) may be entered as a judgment or order and confirmed or enforced by either You or IGA in any state or federal court having competent jurisdiction thereof. If either You or IGA brings or appeals any judicial action to vacate or modify any award rendered pursuant to arbitration or opposes the confirmation of such award and the party bringing or appealing such action or opposing confirmation of such award does not prevail, such party will pay all of the costs and expenses (including, without limitation, court costs, arbitrators fees and expenses and attorneys' fees) incurred by the other party in defending such action. Additionally, if either party brings any action for judicial relief in the first instance without pursuing arbitration prior thereto, the party bringing such action for judicial relief will be liable for and will immediately pay to the other party all of the other party's costs and expenses (including, without limitation, court costs and attorneys' fees) to stay or dismiss such judicial action and/or remove it to arbitration. The failure of either party to exercise any rights granted hereunder shall not operate as a waiver of any of those rights. Your use of the Site concerns transactions involving commerce among the several states. The arbitrators will not be empowered to award punitive damages. The agreement to arbitrate will survive termination of these Terms and Conditions. IF THESE TERMS AND CONDITIONS ARE FOUND NOT TO BE SUBJECT TO ARBITRATION, THE PARTIES KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT THEY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE ISSUES RAISED BY THAT DISPUTE.

The Site is controlled and operated by IGA from its offices within the United States. IGA makes no representation that the contents of the Site are appropriate or available for use in other locations outside the United States. Access to the Site is prohibited in territories where the contents of the Site are illegal.

DISCLAIMER

THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS. IGA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR THE NATURE OR ACCURACY OF THE INFORMATION INCLUDED IN THE SITE OR AS TO ANY OTHER MATTER. IGA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ARISING FROM THE ALLEGED NEGLIGENCE OF IGA, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IF YOU RESIDE OUTSIDE THE UNITED STATES, INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SITES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.
RELEASE.

YOU HEREBY RELEASE AND FOREVER DISCHARGE IGA AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO USE OF THE SITE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF IGA, IN OPERATING THE SITE OR OTHERWISE.

INDEMNIFICATION.

You agree to defend, indemnify and hold harmless IGA and its officers, directors, agents, employees, subsidiaries, parent company, and affiliates, and their respective successors and assigns, from and against any and all losses, costs, liabilities, obligations, damages, deficiencies, expenses, actions, suits, proceedings, demands, assessments and/or judgments, including reasonable attorneys' fees, that are caused by, or result or arise from, any breach of these Terms and Conditions by You, or the use of the Site by You[ or any other person using the Site under Your Password or User-Name].

COPYRIGHT AND TRADEMARK

All content included on the Site, including content within the Site, such as text, graphics, button icons, images, and software ("Material"), is the exclusive property of IGA or others, and protected by U.S. and international copyright laws. IGA authorizes You to view and download the Material off this Site only for informational, non-commercial use, provided that You retain all copyright and other proprietary notices contained in the original Material on any copies of the Material. Material may not be modified in any way or reproduced or publicly displayed, performed, or distributed or otherwise used for any public or commercial purpose. For purposes of these Terms and Conditions, any use of the Material on any other Site or networked computer environment for any purpose is prohibited.

The trademarks, Site marks and logos ("Trademarks") used and displayed on the Site, including content within the Site, are registered and unregistered Trademarks of IGA and others. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner.

CONSENT TO MONITORING

IGA is under no obligation to monitor the information residing on or transmitted to this Site. However, You agree that IGA may monitor the Site contents periodically to: (1) comply with any necessary laws, regulations or other governmental requests; (2) operate the Site properly; or (3) protect IGA and its users. IGA in its sole discretion reserves the right to modify, reject or eliminate any information residing on or transmitted to this Site.

GENERAL PROVISIONS

If any provision of these Terms and Conditions shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from these Terms and Conditions and the other provisions shall remain in full force and effect. The failure of IGA to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. You shall not assign these Terms and Conditions, or any of Your rights or obligations hereunder, without the prior written consent of IGA. These Terms and Conditions shall be binding upon and inure to the benefit of the respective heirs, representatives, successors and permitted assigns of the parties. IGA reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or requests under legal process.

The provisions of our Privacy Policy are incorporated herein by reference.

This Agreement was last revised on September 5, 2001.