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Privacy Statement & Policies

Privacy Policy

Building Performance Association Data Protection Rules

At the Building Performance Association, data protection is vital. Your personal data is only used in the following cases and will not be used in other cases without your explicit approval. Here is a breakdown of the information we gather while you are browsing our website and how this information is used.

Collecting data

While visiting our website, general information is collected automatically (in other words, not by means of registration) and is not stored as personal-related data. The web servers we use for this purpose store the following data by default:

  • The name of your internet service provider
  • The website from which you visited us
  • The websites which you visit when you are with us
  • The queries that helped you discover our site
  • Your IP address

This information is analyzed in anonymized form. It is used solely for the purpose of improving the design, content and functionality of our website. Where data is passed on to external service providers, we have taken technical and organizational measures to ensure that our data protection regulations are observed.

Security Policy

Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.

Do we use cookies on our website?

We will inform you about using cookies in our cookie banner when you visit our website. You accept the use of cookies by further using our website. We would like to inform you about the cookies we use and how you may decline cookies.

The following cookies are important for the smooth operation and specific services of our website and web audience measuring:

Cookie: _ga + _gid

Purpose: Google Analytics registers a unique ID that is used to generate statistical data on how the visitor uses the website

End-of-Life: _ga will be erased 24 hours and _gid two years after your visit

You may use your browser settings to decide which cookies to accept and to decline. Please be aware that you may not be able to use all features of our website if you decline cookies.

Modify Privacy Options [modal pop-up]

We have compiled a list of resources to help you change your browser's cookie settings. To learn how, please follow one of the links below.

Google Chrome - Change your cookie settings for Google Chrome
Firefox - Change your cookie settings for Firefox
Safari - Change your cookie settings for Safari

Collecting and processing personal data

Beyond this use, personal data is only collected when you provide it to us in the course of filling out forms or sending emails, and in the course of ordering products or services, inquiries or requests for material.

The following data is also collected during a form submission:

  • Email address
  • All other fields that have text entered into them
  • Website activity
  • IP address of your computer
  • Information about your browser
  • URL or file requested
  • Date and time of your visit
  • Status information, e.g. error messages

Your personal data remains with our company and our provider and will not be made available to third parties in any form by us or by persons instructed by us.

Refund Policy

With the exception of conference registration transactions, all sales are final and no refunds will be given. The conference registration refund policy can be found on the individual conference website.

Shipping Policy

Items will ship out within three business days of purchase. We determine the most efficient shipping carrier for your order.

BPA's Email Privacy Protocol

The Building Performance Association (BPA) is committed to protecting the privacy of those who engage with the organization and provide their email address.

BPA will never ask you to purchase our email list or list of event attendees through a third party. We've been notified there are emails circulating regarding purchasing email lists. This is a scam and in no way affiliated with BPA. We will never sell or share your information.

If you receive an email like this, please notify communications@building-performance.org.

Please note, official communication from BPA comes from communications@building-performance.org or our staff members with an email ending in @building-performance.org.

Terms and Conditions

Last Updated:December 22, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation - The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Building Performance Association, 651 Holiday Drive, Suite 400, Pittsburgh, PA 15220.
  • Country refers to: Pennsylvania, United States
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to BPA Virtual Conference Site, accessible from https://events.building-performance.org/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.Acknowledgement

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You shall not use, transfer, transmit, or communicate the data and skills obtained pursuant to the Services to develop, direct, assist, launch, or operate any business venture that competes with Building Performance Association or any of its affiliates.

You agree and acknowledge that BPA and/or its licensors own all right, title, and interest in and to the works presented or delivered via the Services and further agree that you shall not perform any action that undermines or is inconsistent with that ownership.

Your receipt of the Services and access and use of the Course Materials are for your individual benefit and use only. You shall not reproduce, distribute, modify, display, or perform the Course Materials other than in connection your personal and individual use of the Course Materials.

You agree and acknowledge that it would be difficult to determine the precise amount of damages to BPA in the event of your breach of this Section entitled "Use". If You violate this Section, then you shall pay to BPA an amount equal to one hundred and fifty percent (150%) of the non-discounted course fee for the relevant course, multiplied by the number of times you have breached this Section entitled "Use".

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions or Privacy Policy, You can contact us: info@building-performance.org