Common use of Private Projects Clause in Contracts

Private Projects. You may opt-out of the WELL Project Directory for Your Project and publicity opportunities by electing for Your Project to be a “private project” at the time of registration. By electing to remain “private”, the Project’s name, street address and identity of the owner will not appear within the WELL Project Directory. However, certain other non-project identifying information may be disclosed, including, but not limited to, Project location, Project size and, to the extent the Project achieves certification, the level of certification achieved (the “Private Project Directory Information”). All private Projects that achieve WELL Certification will be prompted upon issuance of award, if any, to transition to public status. A Project that wishes to remain a private Project must re-confirm its private status at the time of certification. Nota bene: For so long as a Project maintains its election as a “Private Project”, the Project shall not market or represent itself to the general public as having applied for certification, or as being certified, and no intellectual property including the Marks may be utilized or displayed in relation to the project. Project owners may change the privacy setting for a project at any time before acceptance of the final award, using functionality in WELL Online. Notwithstanding the foregoing, if it is determined in GBCI’s or IWBI’s reasonable discretion that despite its election as Private Project, Your Project has been/is being marketed to the public as having registered for or received certification under this Agreement, it will be deemed implied consent given by You to GBCI and IWBI to consider Your Project as a Public Project as defined in this Agreement.