Terms of Service and Privacy Policy

Terms of Use

This page states the Terms of Use ("Terms") under which You may use www.houstonboma.org ("Houstonboma.org"), an on-line association management services portal and guide. Please read these Terms carefully. If You do not accept the Terms stated here, do not use Houstonboma.org and its services. By using Houstonboma.org, You agree to be bound by these Terms, including the Houstonboma.org Privacy Statement.

1. Eligibility.

You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use Houstonboma.org in any manner. By visiting Houstonboma.org or accepting these Terms, You represent and warrant to Houstonboma.org that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Houstonboma.org that You will use Houstonboma.org in a manner consistent with any and all applicable laws and regulations.

2. Use of Houstonboma.org Content.

Houstonboma.org authorizes You to view and access a single copy of the content available on or from Houstonboma.org solely for your personal use. The contents of Houstonboma.org, and of all other Web sites under Houstonboma.org's control, whether partial or otherwise (Houstonboma.org and such other Web sites are sometimes collectively referred to as "InsertDomain Sites") such as text, graphics, images, logos, button icons, software and other Houstonboma.org content (collectively, "Houstonboma.org Content"), are protected under both United States and foreign copyright, trademark and other laws. All Houstonboma.org Content is the property of Houston Building Owners and Managers Association or its content suppliers or clients.

You further agree to in no other way misuse Houstonboma.org Content that appears on this Site, other than those specifically permitted herein or by written agreement with Houstonboma.org. Unless specifically permitted herein or in writing by Houstonboma.org, the use of the Houstonboma.org Content on any other Web site or in a networked computer environment for any purpose is prohibited.

3. Houstonboma.org's Ownership Rights. Houstonboma.org and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the Houstonboma.org Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the Houstonboma.org Products and Services. By entering into this Agreement or by using Houstonboma.org, You will not acquire any intellectual property or similar rights in the Houstonboma.org Products or Services other than a limited right to use the Products or Services for Your personal benefit.

           

4. Houstonboma.org Site Restrictions.

You may not use any Houstonboma.org Site in order to transmit, post, distribute, store or destroy material, including without limitation, Houstonboma.org Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

You agree that you will not use the Houstonboma.org site in any manner that could damage, disable, overburden, or impair the Houstonboma.org site or interfere with any other party's use and enjoyment of the Houstonboma.org site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Houstonboma.org site.

 

5. Advertisers.

If You Participate as an Advertiser, You are solely responsible for all advertising content You transmit or submit to Houstonboma.org or through the Houstonboma.org Advertiser Program, whether created by or for You, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, "Ads"). Prior to providing any Ads and Participating as a Advertiser, You may be required to read and accept additional written terms and conditions governing Your submission of Ads to Houstonboma.org (the "Advertiser Agreement"). Houstonboma.org disclaims all liability relating to Your Ads and You agree to indemnify Houstonboma.org for all loses Houstonboma.org incurs associated with the Ads.

By submitting Content for advertising to any public area of any Houstonboma.org Site, You automatically grant to Houstonboma.org and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such Content, and to grant and authorize sublicenses thereof (through multiple tiers).

Houstonboma.org does not represent or guarantee the truthfulness, accuracy, or reliability of Advertiser Content.

 

6. Copyright Agent.

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Houstonboma.org, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

 

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Houston Building Owners and Managers Association

Attn: Bradley Elliott

9 Greenway Plaza, Suite 100

Houston, TX 77046

Email: belliott@Houstonboma.org

 

7. Houstonboma.org's Liability.

Houstonboma.org acts as a venue for on-line association management services portal and guide. Houstonboma.org may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for Houstonboma.org, damage Houstonboma.org's brand or public image, or cause Houstonboma.org to lose (in whole or in part) the services of its ISPs or other suppliers. While Houstonboma.org reserves the right in its sole discretion to remove Content or other material from Houstonboma.org from time to time, Houstonboma.org does not assume any obligation to do so and disclaims any liability for failing to take any such action.

 

The Houstonboma.org Sites and the Houstonboma.org Content may contain inaccuracies or typographical errors. Houstonboma.org makes no representations about the accuracy, reliability, completeness, or timeliness of any Houstonboma.org Content. The use of all Houstonboma.org Content is at your own risk. Changes are periodically made to Houstonboma.org Sites and may be made at any time. Houstonboma.org cannot guarantee and does not promise any specific results from use of Houstonboma.org or any Houstonboma.org Site. No advice or information, whether oral or written, obtained by You from Houstonboma.org or through or from Houstonboma.org or any other Houstonboma.org Site shall create any warranty not expressly stated herein.

 

8. DISCLAIMER OF WARRANTIES.

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Houstonboma.org ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

 

9. LIMITATION OF LIABILITY.

IN NO EVENT SHALL Houstonboma.org, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

10. Local Standards.

We do not represent that materials on the Houstonboma.org site are appropriate for use in all locations. Persons who choose to access the Houstonboma.org site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

11. Links to Content and Other Sites.

Houstonboma.org and certain other Houstonboma.org Sites contain links to third party Web sites and content. These links are provided solely as a convenience to You and not as an endorsement by Houstonboma.org of the contents on such third-party Web sites. Houstonboma.org is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.

 

Houstonboma.org and certain other Houstonboma.org Sites contain links to social media sites, including but not limited testimonials. These links are provided solely as a convenience to You and not as an endorsement by Houstonboma.org of the content on such social media sites. Houstonboma.org is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with Houstonboma.org is at your own risk.

 

12. Indemnity.

You agree to defend, indemnify, and hold harmless Houstonboma.org, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Content or other material You provide to any Houstonboma.org Site, or (ii) your breach of the terms of these Terms. Houstonboma.org shall provide notice to You promptly of any such claim, suit, or proceeding.

13. Miscellaneous.

The Terms of Service and the relationship between you and us shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of Texas, Harris County. You agree to submit to the personal and exclusive jurisdiction of the courts located within Harris County in the State of Texas. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service by Houstonboma.org must be made in writing and signed by an authorized representative of Houstonboma.org specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, Houstonboma.org's successors, assigns and licensees.

14. Legal Disputes.

If any dispute arises between You, another Advertiser and/or Houstonboma.org or any combination thereof, as it relates to Houstonboma.org and this Agreement, such dispute shall be submitted and settled in accordance with the Rules of the American Arbitration Association, in Harris County Texas and the decision of a single English speaking arbitrator shall be final and binding.

These Terms constitute a binding agreement between You and Houstonboma.org, and is accepted by You upon your use of the Houstonboma.org Site.


Privacy Policy

Last updated: June 7, 2022

Houston BOMA is a trade association representing the interests of the commercial real estate industry through advocacy, education, research, standards and information. Houston BOMA respects the privacy of its website visitors.  The following Privacy Policy has been developed to disclose what types of information is gathered and tracked, how the information is used and with whom the information is shared.

For the purposes of the EU General Data Protection Regulation 2016 (the “GDPR”), the data controller is Houston BOMA with an office at 9 Greenway Plaza, Suite 100, Houston, Texas 77046.

What information is collected and how is it used?
“Personal information”, is any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to you. 

Personal information includes “sensitive personal information” and “pseudonymized personal information” but excludes anonymous information or information that has had the identity of an individual permanently removed.

Personal information is not collected from visitors to the Houston BOMA website unless this information has been voluntarily provided. We may collect and process the following Personal information:

  • [Contact information, which you provide when corresponding with us by phone, e-mail or otherwise. This includes information you provide when you interact with our website in ways including but not limited to participating in online surveys, registering for meetings, participating in conference programs, and submitting information, including on any Houston BOMA web-based forms. The information you give us may include your name, address, e-mail address, phone number, financial information and/or credit card information.]  
  • [Profile information, provided when you utilize some portions of our websites. We may require that you register and provide us with your contact information and generate a password.  This registration information may be used, for example, for identification purposes, to communicate with you regarding your account with us or to facilitate the functioning of our websites.]
  • [Membership information, about your membership with Houston BOMA including your name, contact details such as address, phone number and email address (business or personal), job title.) and any other information related to your membership. Membership information may be provided by you during the registration process, or by your employer on your behalf.]
  • [Purchase information, relating to purchases made by members and non-members of delegate passes and event participation, purchases from the store, reports, journals or newsletter subscriptions either in-person or via our website. Purchase information will include financial information as well as information concerning the content and time of the purchase.]

All sensitive information sent to Houston BOMA is kept confidential.

Please be advised that the Houston BOMA website will query visitors’ browsers for certain information, such as

  • the domain used to access the Houston BOMA website,
  • the type of computer operating system used, 
  • the IP address and type of browser used, and
  • the day, month and year of the site visit.

This information is used to calculate the number of visitors to the different sections of the site, and to perform analysis of site behavior to continually improve the Houston BOMA website experience.  Houston BOMA does not sell or transfer to third parties any of the information collected automatically from every visitor.

What about “cookies”?
The use of cookies is now an industry standard and cookies are currently used on most major websites. Most web browsers are initially set up to accept cookies. A browser can be reset to provide notification when a cookie is received.  It can also be set to refuse to accept cookies altogether. While Houston BOMA does not require the use of cookies, if you browse the Houston BOMA site with the cookies option turned off, you will not be able to use many of the site functions, including access to the membership directory or other features in the secure members-only area.

How do we use your Personal information?
We will process your Personal information, including sharing it with third parties, for a purpose described in this Privacy Policy, where the processing is necessary for the performance of our obligations under your membership agreement or as necessary for the purposes of our legitimate interests. We may also process your Personal information based on your consent or when we are required by law.

We will use your Personal information:

  • to carry out our obligations arising from your membership and any other agreement entered into between you and us and to provide you with the information, products and services that you request from us;
  • to update and renew your membership as required;
  • to arrange and deliver conferences, events and programming relevant to your specialist area and subjects of interest;
  • to respond to your questions and provide related membership services;
  • to provide you with information about other events, books, reports, journals or newsletter subscriptions we offer that are similar to those that you have already requested, provided you have not opted-out of receiving that information;
  • to notify you about changes to our membership or related services.

We are headquartered in the United States.  Your Personal information will be accessed by us or transferred to us in the United States or to our affiliates, partners, or service providers who are located worldwide.  If you are visiting our website from outside the United States, be aware that your information will be transferred to, stored, and processed in the United States where our servers are located, and our central database is operated.  By using the Houston BOMA website, you acknowledge and agree to any transfer of this information.

How will we secure the information that we collect?
We take reasonable technical and organizational precautions to protect the confidentiality, security and integrity of your Personal information.  Although we use security measures to help protect your Personal information against loss, misuse or unauthorized disclosure, we cannot guarantee the security of information transmitted to us over the Internet.  While we strive to use commercially acceptable means to protect your Personal information, there is no guarantee that information may not be accessed, disclosed, altered or destroyed

How secure is my credit card information?
When placing an order from the store or registering for an event, your name, e-mail address, mailing address and credit card type/number/expiration date will be required. This information is used specifically to process your order. This information is not used for any other purpose. Houston BOMA uses secure server software (SSL) that is the industry standard and among the best software available for secure commerce transactions. It encrypts all of the Personal information, including credit card number, name and address, so that it cannot be read as the information travels over the internet.

How will my e-mail address be used?
Your e-mail address will be used for communications from Houston BOMA on products, services and educational offerings that relate to your areas of interest, unless you choose to opt-out. We will generally ask for your consent in line with the applicable law when you first provide your Personal Information.  

How do I opt out of email communications and correct erroneous information you have about me?
Although most Houston BOMA members and site visitors tell us they appreciate receiving email information from Houston BOMA, you may elect to opt out of receiving email at any time by simply following the opt-out instructions posted to the email. If you continue to receive e-mail communications after you have unsubscribed, please contact Houston BOMA Director of Communications and Marketing, Shannon Roberts, at sroberts@houstonboma.org or call 713-266-5691 and tell us which email communications you do not wish to receive.

If any of the information that we have about you is incorrect, or you wish to have information (including Personal Information) removed from our records, please contact Houston BOMA Director of Communications and Marketing, Shannon Roberts, at sroberts@houstonboma.org. We will respond to such inquiries within fifteen 15 business days. 

Does Houston BOMA sell my email address to third-party organizations?
No. Houston BOMA does not sell or rent email addresses of its members, customers or site visitors to anyone. 

What is your policy regarding release of membership information?
Membership rosters without telephone and email address information may be released to Allied and Professional members in PDF format only, upon request twice per calendar year. Under no circumstances will privileged membership information be released to any individual who is not a member in good standing. To request a membership roster, contact Director of Membership and Business Development, Natalia Lara, at nlara@houstonboma.org. 

What is your policy regarding children’s privacy?
Our site and services are not directed to children under the age of 13, if you are not 13 years or older, do not use our site or service.  We do not knowingly collect Personal information from children under the age of 13.  If we learn that Personal information of persons less than 13 years-of-age has been collected through our site or service, we will take the appropriate steps to delete this information.  If you are a parent or guardian and discover that your child or a minor under the age of 13 has posted, submitted or otherwise communicated Personal information to us without your consent, then you may alert Houston BOMA Director of Communications and Marketing, Shannon Roberts, at sroberts@houstonboma.org so that we may take appropriate action to remove the minor's Personal Information from our systems.

What are my European data rights?
For European Residents Only. If you are based in the EU, in certain circumstances, you have rights under the GDPR in relation to your Personal Information.

  • Request access to your Personal information.  You may have the right to request access to any Personal information we hold about you as well as related information, including the purposes for processing the Personal information, the recipients or categories of recipients with whom the Personal information has been shared, where possible, the period for which the Personal information will be stored, the source of the Personal information, and the existence of any automated decision making.
  • Request correction of your Personal information. You may have the right to obtain without undue delay the rectification of any inaccurate Personal information we hold about you.
  • Request erasure of your Personal information. You may have the right to request that Personal information held about you is deleted.
  • Request restriction of processing your Personal information. You may have the right to prevent or restrict processing of your Personal information.
  • Request transfer of your Personal information. You may have the right to request transfer of Personal information directly to a third party where this is technically feasible.

Where you believe that we have not complied with our obligation under this Privacy Policy or European data protection law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office.

How long do we retain your Personal information?
We will store your Personal information, in a form which permits us to identify you, for no longer than is necessary for the purpose for which the Personal information is processed. All member data that is inactive for 7 years with no additional activity will be purged from the database. Prospect records with no activity for 5 years or longer, will be purged.  We may retain and use your Personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically and reasonably feasible to remove it.  Otherwise, we will seek to delete your Personal information within a reasonable timeframe upon request.

What is your practice regarding links to third party sites and services?
Our site and service may contain links to third party websites, applications and services not operated by us.  These links are provided as a service and do not imply any endorsement by us of the activities or content of these sites, applications or services nor any association with their operators.  We are not responsible for the privacy policies or practices of any third party including websites or services directly linked to our site or service.  We encourage you to review the privacy policies of any third party site.

Do we support ‘Do Not Track’?
Our site and service does not respond to web browser “do not track” signals.  As such, your navigation of our site and service may be tracked as part of the gathering of quantitative user information described above.  If you arrive at our site by way of a link from a third party site that does respond to “do not track” requests, the recognition of any “do not track” request you have initiated will end as soon as you reach our service. 

How will we communicate changes to this Privacy Policy to you?
Any changes we make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this Privacy Policy.

If you have questions or concerns about BOMA’s Privacy Policy, please contact Houston BOMA Director of Communications and Marketing, Shannon Roberts, at sroberts@houstonboma.org.