Terms of Use

Please agree to the Terms of Use

You must agree to the Terms of Use below to access the Higg MSI.

INTRODUCTION

SUSTAINABLE APPAREL COALITION, INC.

TERMS OF USE

FOR THE

HIGG MATERIALS SUSTAINBILITY INDEX ("HIGG MSI")

Last Updated: August 8, 2017

This Data Submission Agreement and Terms of Use (these "Terms") is a binding agreement between you ("your" or "you") and the Sustainable Apparel Coalition, Inc. ("SAC", "we" or "us") relating to your access to the Higg Materials Sustainability Index ("the Higg MSI"). All public users of the Higg MSI are defined as "Higg MSI Public Users". These Terms do not relate to the Higg Index generally; users of the Higg Index, other Higg Product Tools, and SAC's Higg Index website located at Higg.org are subject to the terms of use and privacy policy posted and applicable thereto.

PROCESS SUMMARY

The Higg MSI is the quantitative underpinning of Higg Index Product Tools. It is a cradle-to-gate index informed by life cycle assessment (LCA) data to engage product design teams and the global supply chain of apparel and footwear products in environmental sustainability. Higg MSI Public Users may use MSI Scores to make decisions about material use, make comparisons between materials, and create "Custom Materials". To create a Custom Material, Higg MSI Public Users choose specific production processes (with respective Midpoints and MSI Scores), create blends, and apply chemistry-related certifications ("Custom Material Data"). Custom Material Data will only be saved for the session during which it is created. Only those with an account may save Custom Materials information.

TERMS APPLICABLE TO ALL HIGG MSI PUBLIC USERS

These Terms are a legal and binding contract between you and SAC. Upon acceptance, SAC will provide you with access to the Higg MSI. By accessing and/or using the Higg MSI, you acknowledge that you have read and understand these Terms and agree to be bound by and abide by these Terms.

Grant of License by SAC to Higg MSI Public Users

Subject to the restrictions on use set forth herein, SAC hereby grants you a limited, non-exclusive, non-assignable, non-transferable license (the "Limited License") to: (i) access, and use the Higg MSI. SAC reserves the right to charge license or other fees to Higg MSI Public Users. Any violation of these Terms shall immediately and automatically terminate the Limited License granted herein without notice to you. Upon termination of this Limited License, you agree to immediately cease using the Higg MSI and destroy all copies of these tools and any associated content. Except for the Limited License, you acknowledge that you have no right, title or interest in or to this Site or the Higg MSI.

Communication of Scores

Custom Material Scores: Higg MSI Public Users who have customized their materials may communicate Higg MSI Scores to other businesses, but not to consumers (or the public). Please include the following attribution statement in any public reference to the Results or Higg MSI Scores: "These Results were calculated using the Higg MSI tools provided by the Sustainable Apparel Coalition. The Higg MSI tools assess impacts of materials from cradle-to-gate for a finished material (i.e. to the point at which the materials are ready to be assembled into a product)." Please also include the date on which the information was retrieved and a link to the Higg MSI website (www.msi.higg.org).

Raw Materials and Production Process Scores: Higg MSI Public Users may communicate Higg MSI Scores for individual raw materials processes publicly, since that information is already publicly available. However, the following attribution statement must be included with any public reference to these Higg MSI Scores: "These results were calculated using the Higg MSI tools provided by the Sustainable Apparel Coalition. The Higg MSI tools assess impacts of materials from cradle-to-gate for a finished material (i.e. to the point at which the materials are ready to be assembled into a product). The Higg MSI scores provided herein are for a single production stage within the Higg MSI scope (e.g. fiber or raw material) and do not provide a holistic view of the impacts involved with material production." Please also include the date on which the information was retrieved and a link to the Higg MSI website (www.msi.higg.org).

Restrictions on Use

We encourage your use of the Higg MSI, but SAC imposes certain rules of conduct and restrictions on your permissible use:

  • You may not access, retrieve or index any portion of the Higg MSI for purposes of constructing or populating a database or other reference.
  • Unless otherwise stated, you may not sell, modify, reproduce, display, distribute, or otherwise use the Higg MSI in any way for any commercial purpose.
  • You may not introduce viruses, trojan horses, worms, or other malicious material or code.
  • You may not use any robots, spiders or other automatic devices, processes or means to access, retrieve, scrape or compile any portion of the Higg MSI.
  • You may not use any device, software or routine that interferes with the proper working of the Higg MSI.
  • You may not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Higg MSI, the server on which the Higg MSI is stored, or any server, computer or database connected to the Higg MSI.
  • You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Higg MSI or features that enforce limitations on their use.
  • You may not solicit login and password information or access an account belonging to someone else.
  • You will not alter, modify, create derivative works of, decompile or otherwise attempt to extract source code from us unless we give you express written permission.
  • At all times when accessing, downloading, and using the Higg MSI, you will act in compliance with all federal, state, and local laws, regulations and ordinances and you may not use the Higg MSI for any illegal purpose.
  • You may not directly or indirectly attack the Higg MSI via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Higg MSI.

Special Provisions Applicable to Higg MSI Public Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to Higg MSI Public Users of the Higg MSI outside the United States: (i) you consent to having your personal data transferred to and processed in the United States; and (ii) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities through the Higg MSI.

Changes to these Terms

SAC reserves the right, from time to time, in its sole discretion, to revise, modify, or update these Terms at any time. When changes are made, SAC will make a new copy of the Terms available in the Higg MSI. We will also update the "Last Updated" date at the top of the Terms. Any changes to the Terms will be effective 30 days after posting notice of such changes for existing Higg MSI Public Users, provided that any material changes shall be effective for Higg MSI Public Users upon the earlier of thirty (30) days after posting notice of such changes or 30 days after dispatch of an email notice of such changes to Higg MSI Public Users. SAC may require you to provide consent to the updated Terms in a specified manner before further use of the Higg MSI and/or any other services available therein is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Higg MSI and related services. Otherwise, your continued use of the Higg MSI and related services constitutes your acceptance of such changes.

Disclaimer of Warranties

You acknowledge and agree that the disclaimers and limits set forth in these Terms reflect the reasonable and fair allocation of risk between you and SAC and are an essential basis of this contract between you and SAC. Your use of the Higg MSI and the information you obtain through the Higg MSI is at your own risk.

NEITHER SAC NOR ANY OF ITS AFFILIATES, VENDORS AND LICENSORS, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ABOUT THE QUALITY, ACCURACY, RELIABILITY, AVAILABILITY, COMPREHENSIVENESS, ADEQUACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE HIGG MSI OR ANY CONTENT, OR THAT THE HIGG MSI OR ANY CONTENT OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE HIGG MSI WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE HIGG MSI OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE HIGG MSI OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE HIGG MSI WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SAC HAS NO LIABILITY FOR ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE HIGG MSI OR ANY CONTENT THEREIN, WHETHER PROVIDED BY SAC, ITS VENDORS OR LICENSORS OR ANY OTHER PERSON OR ENTITY. THE HIGG MSI IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SAC, FOR ITSELF AND ITS AFFILIATES, VENDORS AND LICENSORS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SAC OR ITS MEMBERS, LICENSORS, VENDORS, AGENTS OR ANY OTHER CONTRIBUTOR TO THE HIGG MSI BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF REGISTRATION INFORMATION PROVIDED THROUGH THE HIGG MSI, INCLUDING ANY PERSONAL INFORMATION; (C) THE USE OR MISUSE OF THE HIGG MSI BY ANY PERSON OR ENTITY; (D) ANY OF THE HIGG MSI CONTENT; OR (E) OTHERWISE; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAC OR ANY OF ITS MEMBERS, LICENSORS, VENDORS, AGENTS OR ANY OTHER CONTRIBUTOR TO THE HIGG MSI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS USED IN THIS SECTION, "DAMAGES" MEANS INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, RELIANCE, EXEMPLARY AND/OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. YOUR RIGHT TO ACCESS AND USE THE HIGG MSI IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS, INCLUDING BUT NOT LIMITED TO ITS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. YOU AGREE THAT YOUR EXCLUSIVE REMEDY SHALL BE TO IMMEDIATELY STOP USING THE HIGG MSI. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS LICENSE AGREEMENT AND TERMS OF USE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, THE AGGREGATE LIABILITY OF SAC OR ANY OF ITS MEMBERS, LICENSORS, VENDORS, AGENTS, OR ANY OTHER CONTRIBUTOR TO THE HIGG MSI WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnity

You agree to defend, indemnify, and hold harmless SAC and its members, licensors, vendors, and any contributors to the Higg MSI and their respective officers, directors, members, managers, employees, consultants, agents, and representatives, (collectively, the "Indemnified Parties"), from any and all claims, liability, damages, losses, suits, expenses, and/or costs (including reasonable attorneys' fees) (collectively, "Claims") suffered by you arising from or relating to (i) your access or use of the Higg MSI, (ii) your violation of these Terms, (iii) your violation of any applicable law or regulation, including violation of federal and state antitrust statutes, rules or regulations, (iv) your anti-competitive practices, or (v) your Content. You should not use Higg MSI results, answers, or scores as a sole or contributing factor in making business decisions regarding any supply chain partners, and you agree to defend, indemnify, and hold harmless the Indemnified Parties from third-party Claims arising from your business decisions directly or indirectly or wholly or partly based on Higg MSI results, answers and scores. SAC will endeavor to notify you promptly of any such Claim and will provide you with reasonable assistance, at your expense, in defending any such Claim.

Governing Law

These Terms and your use of the Higg MSI shall be construed in accordance with and governed by the laws of the United States and the State of California, without regard to their rules regarding conflicts of law. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in San Francisco, California, USA for all disputes arising out of or related to the use of the Higg MSI, or these Terms, and you hereby submit to the personal jurisdiction of such courts. SAC and you agree that the Uniform Computer Information Transaction Act (UCITA), or any version of UCITA adopted by any state, including California, will not govern or be used to interpret these Terms. The United Nations Convention on Contracts for the International Sale of Goods (UNCCISG) does not apply to these Terms.

Miscellaneous

These Terms constitute the entire agreement between SAC and you regarding your access and use of the Higg MSI, and supersedes any prior agreements between you and SAC concerning these matters. If any of these Terms is found to be inconsistent with applicable law, void, or unenforceable for any reason, the remaining portions (and any partially-enforceable provisions) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. SAC's failure to enforce any of these Terms will not be deemed a waiver of such term or any other terms herein or a consent to any subsequent breach of the same or another term. You may not assign or transfer your rights and obligations under these Terms without the prior written consent of SAC. SAC may assign or transfer its rights and obligations under these Terms at any time and without notifying you. Any of the Terms that are, by their nature, intended to survive termination shall survive termination. Section titles are for convenience only and have no legal effect. The Indemnified Parties are third-party beneficiaries to these Terms.

English Language Controls

These Terms were written in English (US). To the extent any translated version of these Terms conflicts with the English version, the English version shall govern and control.

Contact

If you have any questions concerning these Terms or Higg MSI, please contact us through SAC email address: product@apparelcoalition.org or Attn: Terms of Use Questions, Sustainable Apparel Coalition, PO Box 237, San Francisco, CA 94104-0237.

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