Florida Green Building Law

FLORIDA GREEN BUILDING LAW.COM

Disclaimer and Terms of Use

By accessing FloridaGreenBuidingLaw.com, you agree to the following terms of use including, but not limited to binding arbitration as set forth below: 

No Legal Advice.  The Florida Bar, through its Green Building Subcommittee, provides the information on this FloridaGreenBuildingLaw.com website, or blog (the “Website”), as a service to its members and the public. While the information on the Website deals with legal issues, you agree that it does not constitute legal advice. If you have specific questions related to information available on the Website, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation.

Disclaimer.  Due to the rapidly changing nature of the law and our reliance on information provided by outside sources, The Florida Bar and the individual members of the Florida Bar’s Green Building Subcommittee do not warranty or guarantee or in any other way make any representations regarding the accuracy or availability of the content on the Website or on other sites to which we link.  The Florida Bar and the individual members of the Florida Bar’s Green Building Subcommittee also do not guarantee or warranty or in any other way make any representations regarding the accuracy of links to the Website as well as posted on the Website by contributors. 

By accessing this Website, you agree to release The Florida Bar, the individual members of the Florida Bar’s Green Building Subcommittee or any contributors to the Website for any liability and/or damages arising in any way out of the availability, use, reliance on or inability to use the Website or any information provided by or through the Website, or for any claim attributable to negligence (of any kind), errors, omissions or other inaccuracies in, or destructive properties of any information provided by or through, the Website, including but not limited to, information listed on the Website, information downloaded from the Website, comments posted on the Website, links posted on the Website and/or products and/or services purchased based on links or information posted on the Website.

You also agree by accessing this Website that you release the Florida Bar, the individual members of the Florida Bar’s Green Building Subcommittee and contributors for any liability and/or damages arising in any way out of any comments or information posted on the Website by any contributors or the laws which any contributors may break in any jurisdiction or country through their comments’ content, implication, interpretation, translation and/or intent.

You further agree by accessing this Website that the content on the Website is the opinion of the contributor and does not reflect the opinion or position of the Florida Bar or the individual members of the Florida Bar’s Green Building Subcommittee.   You agree by accessing this Website that you release the Florida Bar, the individual members of the Florida Bar’s Green Building Subcommittee and contributors for any rejection, editing or other modifications of any posts, comments, or materials submitted for contribution, posting or any other purpose to the Website. 

In addition, you agree by accessing this Website that the content on the Website is not intended to injure, libel, defame, malign or otherwise harm any religion, ethnic group, organization, company or individual.

Access at your own risk.  You agree that you are accessing the Website at your own free will and take the information, stories, and opinions on the Website at your own risk. 

Copyright.  Unless otherwise noted, The Florida Bar is the owner of the content of the Website and such information may not be reproduced, published or reprinted without the prior written consent of The Florida Bar.

Reservation of Rights.  The Florida Bar reserves the right to change the focus of the Website, shut the Website down, sell the Website or change the terms of use at any time at the Florida Bar’s discretion.  The Florida Bar also reserves to right to reject, edit or otherwise modify any posts, comments or materials submitted for contribution to the Website. 

Dispute Resolution.  Should any claims or disputes be made arising out of or related to the Website, such claims or disputes must be resolved through binding arbitration with the American Arbitration Association to be held in the state of Florida.  In no event shall any damages awarded through arbitration or otherwise exceed $500.  You agree by accessing the Website that you are subject to personal jurisdiction in the State of Florida.

Intellectual Property.  We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and will make commercially reasonable efforts to impede repeat infringers as described herein in accordance with the Digital Millenium Copyright Act, although we do not require registration or collect information on who posts any particular information, which will likely make taking action against offenders difficult or impossible. If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent (as defined below). Please see below for more information on how to report infringement of your copyright.

Notification of Alleged Copyright Infringement.  If you believe that your own copyrighted work is accessible on the Website or service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent in writing by either overnight courier or certified mail, return receipt requested at the following address:

Designated Agent:

Peyton White Lumpkin

The Lumpkin Law Firm P.A.

2655 Le Jeune Road

Fifth Floor

Coral Gables, FL 33134

Telephone: (305) 667-1808

Facsimile: (305) 444-5366

Email: peytonwhitelumpkin@bellsouth.net

Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our Website and/or service is copyright infringing. Filing a false notice constitutes perjury.

Submission Procedures

Policies and Procedures for Blog Post Submittals (the “Policies and Procedures”)

1.  Incorporation of Terms of Use.  These Policies and Procedures hereby incorporate the Terms of Use set forth on Floridagreenbuildinglaw.com at the following web address: http://floridagreenbuildinglaw.com/terms-of-use/.

 2.  Post Schedule.  Blog posts will be made on or about the fifteenth of every month (the “Publication Date”).

 3.  Deadline for Submittals.  Posts must be submitted to the Blog Editors, Peyton White Lumpkin (peytonwhitelumpkin@bellsouth.net), Desiree D. Noisette (dnoisette@hwhlaw.com) and Andy George (ageorge@slk-law.com), at least seven days before the Publication Date. 

 4.  Content of Posts.  Posts submitted to the Blog Editors should be substantive posts related to green building principles, techniques, events, products and/or law.  Advertisements will not be accepted for publication.  If posts cite any authority   Posts based on other green building publications should identify the source publication and provide a summary and/or introduction for the publication.   

5.  Length of Posts.  Posts should be between 250 and 750 words.

 6.  Questions about Posts.  Please direct all questions about posts to Peyton White Lumpkin (peytonwhitelumpkin@bellsouth.net), Desiree D. Noisette (dnoisette@hwhlaw.com) or Andy George (ageorge@slk-law.com).