legal


Welcome to the Balber Architecture, Inc. website (the “Site”), which is owned and operated by David Balber, AIA, NCARB, USGBC. David Balber /DavidBalber.com maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site (“Terms of Use”). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. Balber Architecture, Inc. reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.

*Brief Overview

All content on this Site is the property of Balber Architecture, Inc. and is protected by copyright. You may download content only for your personal use for non-commercial purposes, but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way. Trademarks, service marks, trade names, and products displayed in this Site are protected worldwide, and no use of any of these may be made without the prior written consent of Balber Architecture, Inc..

This site is protected under both U.S. Federal copyright law and international treaties. No part of this work, including text, look and feel, layout, images, may be reproduced or copied in any form or by any means.

1. Use of Content on the Site

You may view, download, and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.

You may not frame or utilize framing techniques to enclose any service mark, logo, or other proprietary information (including images, text, page layout, or form) of Balber Architecture, Inc. without the express written consent of Balber Architecture, Inc.. You may not use any meta tags or any other “hidden text” utilizing the Balber Architecture, Inc. name or service marks without the express written consent of Balber Architecture, Inc.ure, LLC. You may not use any Balber Architecture, Inc. logos or other proprietary graphic or service mark as part of the link without express written permission.

You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Balber Architecture, Inc.ure, LLC.

Any statements contained within the Site concerning Balber Architecture, Inc.’sfuture prospects are “forwarding looking statements” under the Federal Securities laws. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the Site.

2. Reviews, Comments, Communications, And Other Content

You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.

By submitting information, you grant Balber Architecture, Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.

3. Services Offered By Balber Architecture, Inc. on the Site

Balber Architecture, Inc. offers services on the Site. Your use of any such service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, Balber Architecture, Inc. does not warrant that any product descriptions or content contained in this website is accurate, current, reliable, complete, or error-free.

4. Copyright Information

The Site and the content within the Site are the property of Balber Architecture, Inc. or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Balber Architecture, Inc.. Balber Architecture, Inc. reserves all rights in the Site and its content not specifically granted in any agreements with Balber Architecture, Inc. or in the Terms of Use. Any mistreatment of said rights may result in penalties, fines, and/or jail time. Copyright infringement is a federal offense and will be punished to the utmost extent of the law.

5. Service Mark Information

Balber Architecture, Inc. logo is a registered service mark. in the United States and/or other countries. Other Balber Architecture, Inc. marks, graphics, logos, page headers, button icons, and scripts noted on the Site are Balber Architecture, Inc.’s service marks and trade dress and are the sole and exclusive property of Balber Architecture, Inc.. Balber Architecture, Inc.’s service marks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Balber Architecture, Inc. and in connection with any service or product that is not sponsored, endorsed or produced by Balber Architecture, Inc.. All other service marks not owned by Balber Architecture, Inc.ure, LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Balber Architecture, Inc..

6. Third Party Web Sites and Information

The Site may provide hyperlinks to third party websites or access to third party content. Balber Architecture, Inc. does not control, endorse, or guarantee content found in such sites. You agree that Balber Architecture, Inc. is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Balber Architecture, Inc. shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.

7. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE — USE OF, OR THE INABILITY TO — USE, ANY WDIG SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY — USER OF A WDIG SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CA– USES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WDIG SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CA– USES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, ORANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE WDIG SITES AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE WDIG SITES IN AN ACCURATE OR TIMELY MANNER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF — USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.