Terms of Use

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INTRODUCTION

SUSTAINABLE APPAREL COALITION, INC.

HIGG PRODUCT TOOLS

DATA SUBMISSION AGREEMENT AND TERMS OF USE

FOR THE DDM, THE MSI, AND THE MSI CONTRIBUTOR

Last Updated: July 24, 2018

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 and use of the Higg Design & Development Module ("Higg DDM"), the Higg Materials Sustainability Index ("Higg MSI") and, if applicable, your submissions to the Higg MSI ("Submissions") through use of the Higg MSI data submission tool the "MSI Contributor", which together shall be called "Higg Product Tools". All contributors to the Higg MSI via the MSI Contributor are defined as "MSI Contributor Users" and all users of the Higg MSI (including MSI Contributor Users) are defined as "Higg MSI Users". All users of the Higg DDM are defined as "Higg DDM Users". Users with access to all of these tools are defined as "Higg Product Tool Users". These Terms do not relate to the Higg Index Brand and Facility Modules; these modules 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 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. The MSI Contributor is a tool to collect material production data and to evaluate environmental impacts and sustainability in material production. The public, including but not limited to manufacturers, brands, academics, researchers and engineers, may submit unit process level data relating to materials to the Higg MSI through the MSI Contributor to create scores for production processes and raw materials. The process is more fully described in the Materials Data Submission & Review Guidelines, available through the "Learn More" page of the MSI Contributor at msicontributor.higg.org. Submissions to be reviewed may contain any aspect of a cradle-to-gate finished material (hereafter defined as Unit Process Level Data ("UPL Data")) or specific life cycle impact assessment (LCIA) characterized results ("Midpoints") if impacts have already been determined by the MSI Contributor User. Submissions will be reviewed and evaluated by SAC, and, upon acceptance of the data by SAC or assigned SAC consultants, it will be loaded into the Higg MSI. SAC will calculate impacts for material production processes for individual impact categories that have been specified by the Higg MSI scoring framework. During this step the MSI scoring framework will be applied to calculate a final process and/or material score ("MSI Score"). This Higg MSI Score will be communicated to the MSI Contributor User for final written permission to publish in the Higg MSI and other SAC tools. At this point, MSI Contributor Users who have been informed of their Higg MSI Score may withdraw submission.

In the Higg MSI, Higg MSI Users may use Higg MSI Scores to make decisions about material use, make comparisons between materials, and create "Custom Materials". To create a Custom Material, Higg MSI Users choose specific production processes (with respective Midpoints and MSI Scores), create blends, and apply chemistry-related certifications ("Custom Material Data").

The Higg DDM allows users to assess and score a product early in the product creation process. Higg DDM Users can build a bill of materials (BoM) using Higg MSI Scores, including those for Custom Materials, and provide information about the product, including but not limited to product manufacturing, care, end of use, and lifetime to get a final design score. This information is defined as "Design Data". The Higg DDM score remains strictly internal to the Higg DDM User's company but contributes to an aggregated industry benchmark of design scores for each product category.

TERMS APPLICABLE TO ALL HIGG PRODUCT TOOL USERS

These Terms are a legal and binding contract between you and SAC. Upon acceptance, SAC will provide you with one access account ("Account"). You are responsible for maintaining the confidentiality of your password and username. You agree to notify SAC immediately of any unauthorized use of an Account under your control. You may be held liable for any losses incurred by SAC due to someone else's use of an Account under your control.

By accessing, submitting to, downloading, and/or using the Higg Product Tools, you acknowledge that you have read and understand these Terms and agree to be bound by and abide by these Terms.

All information and data entered by Higg Product Tool Users, whether user registration data, UPL Data, Custom Materials, Design Data or other types of data is "User Data". SAC does not claim any ownership interest in the User Data that you upload to the Higg Product Tools. However, in order to provide the services available via the Higg Product Tools, we require you and all Higg Product Tool Users provide SAC with a license to the User Data.

Grant of License to SAC in User Data submitted by Higg Product Tool Users

You hereby grant SAC a non-exclusive, irrevocable, worldwide, perpetual, royalty-free, sub-licensable, and transferable license to aggregate, analyze, use and reproduce, and prepare derivative works of the User Data in order to provide the MSI Contributor, the Higg MSI, the Higg DDM, and related SAC tools and services. SAC explicitly reserves the right to sub-license this license to third parties at SAC's discretion for performance of research and analysis on all UPL Data, including fully aggregated or partial data sets.

Unless otherwise specified, you waive all rights to claim that SAC infringed on your proprietary rights, intellectual property rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with use of your User Data. You represent and warrant that you have all necessary rights and licenses to grant us the license set forth above.

​Grant of License by SAC to Higg Product Tool 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 Product Tools. SAC reserves the right to charge license or other fees to Higg Product Tool 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 Product Tools 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 Product Tools.

TERMS APPLICABLE TO MSI CONTRIBUTOR USERS

Submission of UPL Data

UPL Data Submissions are primarily made using the MSI Contributor. The UPL Data collected from MSI Contributor Users includes but is not limited to the following:

General:

  • Submission Type (raw material or process)
  • Submission Name
  • Brand
  • Material Category
  • Base Material
  • Production Phase
  • Facility
  • Reporting Period (start and end dates of data collection period)

Materials/Energy/Transport

  • Name and amount of product/process
  • Energy inputs, amounts, and measurement approaches
  • Material inputs, amounts, and measurement approaches
  • Agricultural land inputs, amounts, and measurement approaches
  • Packaging inputs, amounts, and measurement approaches

Self-produced Energy:

  • Output types and amounts
  • Fuel sources and amounts
  • Emissions specific to on-site energy production
  • Amount exported to grid or sold

Water Use and Treatment:

  • Total water use for reporting period per kg of product
  • Total amount of water discharged per kg of product
  • Total amount of water treated on-site per kg of product
  • Total amount of water returned to municipal source per kg of product

Emissions:

  • Air emissions type and amount per kg of product
  • Water emissions type and amount per kg of product
  • Soil emissions type and amount per kg of product

Solid Waste and Recycling:

  • Materials sent to landfill and their amounts
  • Materials sent to incineration and their amounts
  • Recycled materials and their amounts
  • Hazardous materials and their amounts

Data Quality (ranking from very poor to very good):

  • Technological Representativeness
  • Temporal Representativeness
  • Geographical Representativeness
  • Parameter Uncertainty

If the MSI Contributor Users has already modeled Midpoints, and those Midpoints have been independently reviewed, the MSI Contributor User may submit those Midpoints and supporting documents instead of UPL Data. Required Midpoints include those listed in the table below.

Impact Category

LCIA Method

Unit

Climate Change

IPCC 2013 GWP 100a v1.00

kg CO2 eq

Eutrophication

CML-IA baseline 2013 v3.01

kg PO4--- eq

Resource depletion, fossils and minerals

CML 2013 v4.3

MJ eq

Water resources depletion/Scarcity

WSI Pfister et al. 2009 v1.01

m3

Human Toxicity

USE-Tox (Default) v1.03

CTUh

Ecotoxicity

USE-Tox (Default) v1.03

CTUe

Land Occupation (Agri only)

ReCiPe v1.10

m2a

Although UPL Data or Midpoints will primarily be submitted via the MSI Contributor, these items may also be submitted by other means (e.g. email) throughout the review process. UPL Data or supporting documents and/or data submitted via the MSI Contributor or other means as necessary will remain confidential as described herein; however, MSI Contributor Users grant license to SAC to keep this data and fulfill the terms under Grant of License to SAC in User Data submitted by Higg Product Tool Users.

​Creation of Results Data

Upon submission and acceptance of UPL Data or Midpoints through the MSI Contributor (or other means as necessary), SAC:

  • Reviews the UPL Data or Midpoints and all supporting documentation
  • Models the UPL Data (if submitted) to calculate Midpoints, such as impacts for climate change, eutrophication, water scarcity, resource depletion, toxicity, etc.
  • Uses the Midpoints to calculate Higg MSI Scores

​Ownership/License to SAC

SAC owns the Midpoints, Higg MSI Scores and metadata used therein (collectively the "Results"). You authorize SAC to aggregate, analyze, use, reproduce, and prepare derivative works of the Results. You further authorize SAC to use, reproduce, distribute, and display the Midpoints in any manner chosen by SAC, including but not limited to through the Higg MSI.

​Higg MSI Scores

Higg MSI Scores are created by normalizing and adding Midpoints for different impact areas. SAC will provide the Higg MSI Scores to you for review. Upon written approval by you (which may be via email), SAC will publish the Results in the Higg MSI and other SAC Higg Product Tools or resources. Metadata to be included in the Higg MSI includes, but is not limited to, the following:

  • Modeling notes
  • Primary source
  • Timeframe (data age)
  • Source description
  • Geography
  • Applicable materials (base materials that the submitted process/raw material is applicable to)
  • Data quality
  • Uncertainty Score (to be determined during review)

Grant of License of Results to MSI Contributor Users

MSI Contributor Users are welcome to share the Higg MSI URL and their Higg MSI Results with anyone interested in their material information. The intention is for Higg MSI Scores to become the standard sustainability metric for materials within the apparel, footwear, and home textiles industries.

ADDITIONAL TERMS APPLICABLE TO ALL HIGG PRODUCT TOOL USERS

Communication of Higg MSI Scores

The Higg MSI cannot be used to make general environmental claims about materials such as "green", "environmentally-friendly", "least impact," or "environmentally-responsible". SAC does not verify any results Higg MSI Users calculate using the Higg MSI and therefore the Higg MSI cannot be referenced in any such claims about product or environmental performance. If Higg MSI Users wish to share specific scores, it must be done in accordance with the following.

Submitted Processes and Materials: MSI Contributor Users who have submitted data through the MSI Contributor, and had their data reviewed, approved, and scored may communicate their scores with the public. Please include the following attribution statement in any external reference to the Results or 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)."

Custom Materials: Higg MSI Users who have customized their materials using the Higg MSI may communicate:

  • Higg MSI life cycle impact assessment (LCIA) results (CO2e, m3, etc.) to other businesses and consumers (the public).
  • Higg MSI Scores to other businesses, but not to consumers (nor the public).
  • Please include the following attribution statement in any external 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 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 (msi.higg.org).

Raw Materials and Production Processes: Higg MSI 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 the 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 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 (msi.higg.org).

​Communication of Higg DDM Scores

Designs: DDM Users may not communicate any product design scores outside of their organization.

Material Sharing

Higg MSI users may share custom materials they have created with other accounts. They may also request materials to be shared with them by other accounts. When a Higg MSI user shares a custom material, or fulfills a sharing request, that material will be copied into another specified account's Shared Materials library. From there, the receiver may copy that shared material into their Company Custom Materials library to be available for selection in the Higg DDM or future Higg Product Module. A shared material may not be retracted; however, it may be updated. Any account with which that material has been shared will received a notification of the update if it has not been deleted from that account's Shared Materials library.

​Confidentiality and Security

SAC agrees to: (a) hold the User Data in strict trust and confidence; (b) refrain from using or permitting others to use the User Data in any manner or for any purpose not expressly permitted by these Terms; (c) refrain from disclosing or permitting others to disclose the UPL, Custom Material Data, and Design Data to any third party without obtaining your express prior written consent on a case by case basis. Notwithstanding the foregoing, SAC may disclose UPL Data, Custom Material Data, and Design Data to, and authorize use of such UPL Data, Custom Material Data, and Design Data consistent with these Terms by, contractors and service providers who have executed an agreement imposing on the contractor obligations of confidentiality consistent with this provision. SAC will protect the UPL Data, Custom Material Data, and Design Data from unauthorized use, access, or disclosure in the same manner as SAC protects its own confidential or proprietary information of a similar nature, and with no less than the greater of reasonable care and industry-standard care.

​Third Party Data

If you submit or otherwise incorporate information regarding any third party ("Third Party Data") in your UPL Data, you will obtain their consent before doing so. You are responsible for your submission of Third Party Data. You agree that you will not submit any third party's sensitive financial information, intellectual property, information that the Third Party treats as confidential or proprietary information, and/or any other information that the Third Party may consider to be a trade secret without permission from the Third Party.

​Our Proprietary Rights

SAC shall have and retain all right, title and interest in and to the Higg Product Tools and the Results, including without limitation to all rights in the patents, copyrights, trade secrets and other intellectual property and proprietary rights therein. Except for the licenses provided hereunder, you do not acquire any right, title or interest in or to the Higg Product Tools or the Results. You are prohibited from using this mark and other graphics, logos, trademarks and copyrights of SAC without the prior written consent of SAC.

​Restrictions on Use

We encourage your use of the Higg Product Tools and you to submit User Data and UPL Data through the MSI Contributor, 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 Product Tools 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 Product Tools 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 Product Tools.
  • You may not use any device, software or routine that interferes with the proper working of the Higg Product Tools.
  • You may not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Higg Product Tools, the server on which the Higg Product Tools is stored, or any server, computer or database connected to the Higg Product Tools.
  • You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Higg Product Tools 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 Product Tools, you will act in compliance with all federal, state, and local laws, regulations and ordinances and you may not use the Higg Product Tools for any illegal purpose.
  • You may not directly or indirectly attack the Higg Product Tools 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 Product Tools.

Special Provisions Applicable to 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 users of the Higg Product Tools 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 Product Tools.

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 Product Tools. We will also update the "Last Updated" date at the top of the Terms. If we make changes we believe are material, and you have registered an Account, we will also endeavor to send an email to you at the last email address you provided to us pursuant to the Terms. Any changes to the Terms will be effective thirty (30) days after posting notice of such changes for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes or thirty (30) days after dispatch of an email notice of such changes to Higg Product Tool Users and MSI Contributor Users. SAC may require you to provide consent to the updated Terms in a specified manner before further use of the Higg Product Tools 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 Product Tools and related services. Otherwise, your continued use of the Higg Product Tools and related services constitutes your acceptance of such changes. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE CURRENT TERMS.

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 Product Tools and the information you obtain through the Higg Product Tools 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 PRODUCT TOOLS OR ANY CONTENT, OR THAT THE HIGG PRODUCT TOOLS OR ANY CONTENT OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE HIGG PRODUCT TOOLS WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE HIGG PRODUCT TOOLS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE HIGG PRODUCT TOOLS OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE HIGG PRODUCT TOOLS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SAC HAS NO LIABILITY FOR ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE HIGG PRODUCT TOOLS OR ANY CONTENT THEREIN, WHETHER PROVIDED BY SAC, ITS VENDORS OR LICENSORS OR ANY OTHER PERSON OR ENTITY. THE HIGG PRODUCT TOOLS 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 PRODUCT TOOLS 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 PRODUCT TOOLS, INCLUDING ANY PERSONAL INFORMATION; (C) THE USE OR MISUSE OF THE HIGG MSI TOOLS BY ANY PERSON OR ENTITY; (D) ANY OF THE HIGG PRODUCT TOOLS 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 PRODUCT TOOLS 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 PRODUCT TOOLS 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 PRODUCT TOOLS. 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 PRODUCT TOOLS 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 Product Tools 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 Product Tools, (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 Index 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 Index 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 Product Tools 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 Product Tools, 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 Product Tools, 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 Product Tools, 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.

Agree to these terms of use