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LEGAL TERMS AND CONDITIONS OF USE

Thank you for visiting the Green Building Finance Consortium Website. Please read carefully the following terms and conditions which govern your use of this Website. In particular, we want to make sure you understand that we cannot be responsible for certain aspects of your visit(s) to our site, or for certain events that may occur as a result of such visit(s).

This site is owned by the Green Building Finance Consortium. You can contact us by mail at Green Building Finance Consortium, 7 Mt. Lassen Drive, Suite D-250, San Rafael, CA 94903; by phone at (415) 499-4400; or by e-mail at smuldavin@muldavin.com.

TERMS AND CONDITIONS OF USE

By using this Website, you agree to abide by the following terms and conditions, which constitute a legal agreement (the “Agreement”) between you and the Green Building Finance Consortium (“GBFC”).

If you do not accept these conditions, you may not use this Website.

GBFC reserves the right to amend and/or modify this Agreement from time to time. We recommend that you re-visit this Agreement on occasion to learn of new privacy practices or changes to our policies. By visiting our Website after we have posted changes to these terms, you acknowledge that you are agreeing to these terms as modified.

This policy is effective as of March 1, 2006.

Privacy Policy – GBFC respects the privacy of visitors to this Website. The following information is designed to assist you in understanding what information we gather from our Website and how we handle the information once we gather it. Please note that this privacy policy applies only to the GBFC site and not to the websites of other organizations to which we may link.

Aggregated Data / Cookies – GBFC generally records certain aggregated usage information, such as the number and frequency of visitors to our Website. This data helps us determine how much our visitor’s use parts of the site and to do internal research on our users’ interests and behavior so we can better understand and serve you. This information may include the websites that you access immediately before and after your visit to our Website, the Internet browser you are using, and your IP address. If we use such data at all it will be on an aggregate basis, and we will not voluntarily disclose to third parties any information that could be used to identify you personally.

Personally Identifiable Information – Please be assured that we will not collect personal identifying information about you when you visit our Website unless you choose to provide such information to us through your initiating contact with GBFC. When you voluntarily submit information to our Website you are granting us permission to record and use any personally identifiable information, such as your name and e-mail address, for reasonable business purposes including, but not limited to, fulfilling your request.

GBFC discourages you from sending or posting to the GBFC Website any information that you consider to be confidential or proprietary. Please note that if you do send or post any such information or material, GBFC will assume that it is not confidential.

Information Sharing – GBFC may, from time to time, use internal service providers to operate our Website and employ other persons to perform work on our behalf, such as sending postal mail and e-mail. These persons may have access to the personally identifiable information you submit through the website, but only for the purpose of performing their duties.

We will not provide your personally identifiable information to any other persons without your consent, except (a) as required by law, or (b) if we are required to make disclosures to the government or private parties in connection with a lawsuit, subpoena, investigation or similar proceeding. We can disclose any such information in those circumstances and, through the use of the GBFC website, you grant us authorization to do so.

Security Protection – We use industry standard technology to protect the security of your information. We also employ different security techniques to protect your personal information from unauthorized access by users inside and outside of our organization. You should be aware, however, that “perfect security” does not exist anywhere on the Internet. Although we believe we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that your personally identifiable information will never be disclosed in a manner inconsistent with this policy and make no representations or warranties regarding the sufficiency of our security measures.

Access to Password Protected / Secure Areas – Access to and use of password protected and/or secure areas of the GBFC Website is restricted to authorized users only. Users are solely responsible for the use and proper protection of their passwords and should take precautions to prevent unauthorized use. A user whose password is lost or stolen or who suspects or becomes aware of any unauthorized use or access should contact GBFC immediately. GBFC shall not be liable for the unauthorized use of a password prior to receipt of notice regarding the unauthorized use of a password.

USER AGREEMENT

Restrictions on Use – Any person using this website is permitted to view, store, bookmark, download and print individual website pages for personal and non-commercial purposes only. Users may also copy or print minimal copies of any research, original copyrighted articles, or reports posted on the site solely for personal, informational, non-commercial use. These uses must not alter the original website content, including all legal notices and legends.

GBFC’ prior permission is required for (i) any commercial use of materials on this website; (ii) making more than minimal copies of website materials; and (iii) copying large portions of our website, such as by bots, robots or spiders that “harvest” the website. If you seek permission for such use of our website, please contact us at smuldavin@muldavin.com. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Linking and Framing – We do not permit others to frame this Website or any portion thereof. You may link to this website if the link does not falsely imply or suggest that we have endorsed or are affiliated with your website.

We are responsible only for the content of our own Website. We encourage you to review the privacy policies and user agreements of all other websites that you visit including those that are linked to the GBFC site

Ownership – All content included on the GBFC website, such as graphics, logos, articles, web logs, brochures and other materials is the property of our organization or others and is protected by copyright and other laws. The contents of this Website are copyrighted by GBFC. You may download any content on this site for your non-commercial, personal use only, as long as you leave intact any copyright notices and or other notices or symbols (like ©, ® or ™) that appear, but you may not change, retransmit, re-use, re-post, or distribute any content on this site, or adapt it or combine it with other content, for public or commercial purposes. You also may not use any of the trademarks, logos, or service marks that appear on the site.

All trademarks, service marks, trade names, and logos displayed on this Website, including all GBFC logos and artwork, are proprietary to GBFC and/or their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of GBFC or the organization that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.

International Use – This website is operated and controlled by GBFC in the United States. Due to the global nature of the Internet, this website may be accessed by users in countries other than the United States. We make no warranties that materials on this website are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.

Limitations of Liability – We are not responsible for any damages or injury, including but not limited to special or consequential damages that result from your use of, or inability to use, this website. This includes but is not limited to any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction.

YOU ACKNOWLEDGE THAT WE PROVIDE THE CONTENTS OF THIS WEBSITE ON AN “AS IS” BASIS WITH NO WARRANTIES OF ANY KIND. YOUR USE OF THIS WEBSITE AND USE OR RELIANCE UPON ANY OF THE MATERIALS CONTAINED WITHIN OR LINKED TO THE GBFC WEBSITE IS SOLELY AT YOUR OWN RISK.

Indemnity – You agree that if you violate any of these terms and conditions, and GBFC suffers any damages, losses or costs as a result of or in connection with such conduct, you will compensate us for all such damages, losses and costs.

Governing Law – You agree that your use of this website, this Agreement and any disputes relating to any of them shall be governed in all respects by the laws of the State of California. Any dispute relating to the above shall be resolved solely in the state or federal courts located in the State of California.

Contact Information – It is important to us at GBFC to receive visitor feedback regarding our services and policies. Any questions, concerns or complaints regarding this Agreement should be sent to smuldavin@muldavin.com.

DISCLAIMERS

No Investment Advice – Nothing in the Website constitutes investment advice. Information provided through this Website is for your convenience and information only. No information contained on this Website shall constitute an offer to sell or solicitation of an offer to buy any security. Funds listed, referred to, or discussed within the contents of this Website are not to be construed as a recommendation or solicitation for any funds that may or may not be open.

GBFC WebSite – We do not promise you that the functions contained in any materials on the site will be free of errors, that defects will be corrected, or that this Website or the server that makes this Website available are free from viruses. Certainly we try hard to keep the web site running smoothly, but if something goes wrong with your computer during or after a visit to this Website, and you think it was caused by your using the Website, we are not responsible.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Other Web Sites – The GBFC Website is linked to many other web sites. These links, and the data and information on the linked sites, are provided for your convenience and for informational purposes only. We do not make any claims or representations about the accuracy, completeness, or truth of any material on those sites, or about the ability or competence of the people or companies who own or host those sites. We are not responsible for any damages or losses that you may suffer by using those sites, including the kinds of damages referred to above.

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