Terms of Use

American Institute of Architects California (AIA California) operates the Architect Connect website as a free service to the public and AIA California members. AIA California does not receive fees for usage of this Website, but use is subject to these Terms of Use. These Terms form an agreement between you and AIA California and will always govern your access and use of the Architect Connect and Architects Help websites (collectively, the “Website”) and any content, functionality or services offered on or through the Website (collectively, the “Services”). By accessing or using the Services in any way, whether as a guest or a registered user, you agree to these Terms and the Privacy Policy which is incorporated into these Terms. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Services.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract. If you are under age 18, you must not access or use the Services.

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, including, without limitation, the entire Website, to users, including registered users.

ACCESSING THE WEBSITE/SERVICES
Guests and public users will not be required to register or create an account to access the Services.

Creating an Account for Registered/Architect Users. Access to certain functionality of the Services will require you to sign up and create an account on our Website. If you create an account, you agree to provide us with accurate information and update your information, including updating the email address associated with your account, as needed for accuracy and notification. We will treat personal information you provide as part of creating an account in accordance with our Privacy Policy. Additional account requirements, including verification of your account details, may apply depending on your use of the Services.

We have the right to terminate access or disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

AIA California members posting to the Website may delete their listing and their account at any time.

INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES. 
The Services and entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by AIA California, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (“Intellectual Property Rights”).  You acknowledge and agree that AIA California (and/or its licensors) exclusively own all right, title and interest in and to the Services, copyright rights, trade secret rights, trademarks, database rights and any other intellectual property rights anywhere in the world.  Nothing in these Terms of Use or the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of AIA California’s logos, trademarks or information displayed on the Website, without AIA California’s prior written permission in each instance. 

a) License to Services.
These Terms of Use permit you to use the Services, and anything available through the Website, for your personal and non-commercial use only. Unless you have entered a written agreement with AIA California providing otherwise, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on our Website.

Unless you have AIA California’s permission, you must not:

• Modify or use copies of any materials or information from this Website.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of content or materials from this Website.
  
  

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Website is transferred to you, and all rights not expressly granted are reserved by AIA California and/or its licensors.

b) Feedback.
To the extent that you give us feedback, comments or suggestions concerning the Services (“Feedback”), you acknowledge and agree that all Feedback is AIA California’s sole and exclusive property, and you hereby unconditionally and irrevocably assign and transfer to AIA California, your entire right, title and interest in and to any Intellectual Property Rights that you may now or hereafter have in or relating to the Services.  To the extent that the foregoing assignment is ineffective for whatever reason, you agree to grant and hereby grant to AIA California a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback without restriction.  At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining our Intellectual Property Rights in, and other legal protections for, the Feedback.

c) Trademarks.  
The AIA California and Architect Connect names, logos and all related names, logos, product and service names, designs and slogans are trademarks and service marks of AIA California or its affiliates or licensors. You must not use such marks without the prior written permission of AIA California. All other names, logos, product and service names, designs and slogans used on this Website or in the Services are the trademarks and/or service marks of their respective owners. All goodwill generated from the use of AIA California’s trademarks will inure to our exclusive benefit.

d) Prohibited Uses.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services or any content contained therein in any way that is unlawful, offensive, libelous, defamatory, or otherwise objectionable, or violates any third party’s intellectual property rights, or in any manner that interferes, or attempts to interfere, with the proper working of the Services.

CONTENT SUBMITTED BY USERS.  

• Definition of Your Content. The Website enables you to post, input, upload, or otherwise submit materials, including without limitation photos, floor plans, and drawings. All materials that you post on the Website or otherwise provide to AIA California, will be referred to collectively as “Your Content.”
• License and Permission to Use Your Content. You hereby grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, transferrable, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, store, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content for any purpose. Such permission will be perpetual and may not be revoked for any reason, including in the event of termination of any applicable AIA California program or service, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive, release and covenant not to assert any moral or publicity rights that you may have in Your Content. You further agree that we may use Your Content in any manner that we deem appropriate or necessary. You also agree to extend such license rights to Your Content to users of the Services solely for the purposes of using, engaging with, and operating within the Services Platforms.
• Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all Intellectual Property Rights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such Intellectual Property Rights is transferred to us under this Agreement. Further, with respect to Your Content in the form of photos, and subject to the Website and user experience considerations: (i) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (ii) we will not license or sublicense to third parties individual photos or collections of photos, except through the Website and/or AIA California’s branded website, application, publication or service, or any use which advertises, markets or promotes the Website, the Services or the information it contains, or our affiliates. Images may be retained for the AIA California image library.
• Your Responsibilities for Your Content. By posting, uploading, inputting, or submitting Your Content on the Website, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner, and Your Content does and will comply with these Terms of Use. This includes obtaining the right to grant us the rights to use Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content, including rights under applicable trademark, copyright, and privacy laws. You agree to pay all royalties, fees, and any other monies owed to any person, individual, or entity by reason of Your Content.
• Limits and Content Moderation. We reserve the right to remove Your Content, in whole or part, and take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.  If you have any complaints regarding any content submitted by users, please contact us at mail@aiacalifornia.org.
  
  

You understand and acknowledge that you are responsible for Your Content that you submit or contribute, and you, not AIA California, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.  You understand that AIA California is not liable to any third party or responsible for the content or accuracy of such information submitted by any user. 

RELIANCE ON INFORMATION POSTED.  
The content presented on or through the Website provides a directory of professionals for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information or the services provided by registered users or third party firms. Any reliance you place on such information, including the use of the Services, or any services obtained through the Website or Services, is strictly at your own risk, and such content is provided on an “As Is” basis without any warranties of any kind, either express or implied. You are solely responsible for conducting your own due diligence and vetting, including verifying licenses, certifications, and references, before engaging with any professional.

To the maximum extent permitted by applicable law, AIA California hereby disclaims all liability and responsibility arising from any reliance placed on such materials or information by you or any other visitor to the Website, user of the Services, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by registered users. All information, statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by AIA California, are solely the opinions and the responsibility of the person or entity providing such content. These materials do not necessarily reflect the opinion of AIA California.

AIA California reserves the right to alter or change the Services and the Website as it deems fit.

COPYRIGHT INFRINGEMENT.  
We take claims of copyright infringement seriously.  We will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe any content accessible on or from the Services (including the Website) infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to us at mail@aiacalifornia.org.  It is AIA California’s policy to terminate the user accounts of repeat infringers.

LINKS FROM OUR WEBSITE TO THIRD PARTY SITES/RESOURCES
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS  
The owner of the Website is based in the state of California in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

LIMITATION ON LIABILITY  
YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, AIA CALIFORNIA WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY.  IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF AIA CALIFORNIA AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO AIA CALIFORNIA FOR ACCESS TO THE APPLICABLE SERVICES IN THE SIX MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY. 

INDEMNIFICATION  
You agree to fully indemnify, defend, and hold the AIA California and its directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, liability, damages, losses, costs (including reasonable attorneys’ fees and costs), and other expenses that arise directly or indirectly out of or from:  your breach of any part of these Terms of Use, including any allegation that any materials you submit to us or transmit on the Website or Services, including Your Content, infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party (including without limitation, publicity or privacy rights).

GOVERNING LAW AND JURISDICTION  
All matters, disputes, or claims relating to or arising from the Services and the Terms of Use, shall be governed by the laws of the State of California without giving effect to any conflict of law provision or rule.  Any legal suit, action or proceeding arising out of, or related to, the Terms of Use or the Services shall be instituted exclusively in the State of California.

LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY  
No waiver by AIA California of any provision set forth in these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure of AIA California to assert a right under these Terms of Use shall not constitute a waiver of such right.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT  
The Terms of Use and our Privacy Policy constitute the entire agreement between you and AIA California with respect to the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.

CHANGES TO THE TERMS OF USE.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on our Website, and apply to all access to and use of the Services thereafter.  Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Your Comments and Concerns  
This Website and the Services are operated by AIA California.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: mail@aiacalifornia.org.