Terms of Use


Website of the Rubberized Asphalt Foundation

ACCEPTANCE OF TERMS:

This website is made available in accordance with the Terms of Use set out below. To use this website, you must agree to these Terms of Use. If you do not agree to all of these Terms of Use, you should exit this website now and you may not use or access this website.

COPYRIGHT

This website and all its contents, including but not limited to, text and graphics (collectively, “Content”), are all copyrighted, and the copyrights for this website are owned by the Rubberized Asphalt Foundation (the “RAF”) or the creator of included content. You are, however, permitted to view, print and/or distribute Content in hard copy from this website provided that (a) you use such Content for your own personal or internal business use and not for any purposes contrary to the RAF’s commercial interests; (2) you do not copy or use any Content on any network or any other website for any public or commercial purpose; (3) you do not modify or alter any Content; and (4) you include the RAF’s copyright notice on any such Content, as follows:  © 2012 The Rubberized Asphalt, All Rights Reserved.

NO LICENSE:

Nothing contained on this website will be construed to confer by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of the RAF or any third party.

NO WARRANTY:

The information, recommendations and representations provided on this website and the RAF’s server (“Information”) is presented free of charge as a convenience to the viewer, subject to these conditions. While the RAF makes reasonable efforts to determine the accuracy of the Information, the RAF (for itself and on behalf of its third party contractors, including, without limitation, the University of Massachusetts Dartmouth Highway Sustainability Research Center (“HSRC”)) makes no warranties or representations, express or implied, as to the accuracy, completeness or any other aspect of the Information contained on this website or the RAF&rsquo’s server.  Information is supplied only upon the condition that the viewer will make his or her own determination as to the suitability of the Information for his or her purposes prior to use.  The RAF and its third-party service providers (including, without limitation, HSRC) make no commitment to update or correct any information that appears on this website, the RAF’s server, or any website linked to the website.  THE INFORMATION IS PRESENTED “AS IS” AND THE RAF HEREBY EXPRESSLY DISCLAIMS, BOTH FOR ITSELF AND ON BEHALF OF ITS CONTRACTORS (INCLUDING, WITHOUT LIMIGATION, HSRC), ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN OR ORAL, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

LIMITATION OF LIABILITY:

IN NO EVENT WILL THE RAF OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, UPDATING OR DELIVERING THIS WEBSITE, THE RAF’S SERVER, ANY LINKS CONTAINED THEREIN, OR THE INFORMATION (INCLUDING, WITHOUT LIMITATION, HSRC), BE LIABLE TO YOUR FOR ANY LOSSES, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS OF ANY KIND OR NATURE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) RESULTING FROM YOUR ACCESS TO OR USE THEREOF OR THE DOWNLOADING OF ANY MATERIAL CONTAINED OR REFERENCED THEREIN, EVEN IF THE RAF OR ANY SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RAF AND SUCH THIRD PARTIES (INCLUDING, WITHOUT LIMITAITON, HSRC) WILL NOT BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES, COSTS, EXPENSES, OR OTHER AMOUNTS OF ANY KIND THAT MAY ARISE, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, THE RAF’S SERVER, OR ANY LINKS CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO, ANY LOSSES, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS CAUSED BY (A) COMPUTER VIRUSES; (B) SOFTWARE BUGS; (C) HUMAN ACTION OR INACTION; (D) ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS; OR (E) ANY ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.

LINKS:

Although this website may provide links to third party websites, the RAF is not responsible for the content of any such websites. Links are provided as a convenience to viewers, and they will not be interpreted as an endorsement, sponsorship, or association of any kind.

HYPERLINKING:

You may display on your website a hyperlink to this website approved by RAF for purposes of enabling users of your site to link hereto only upon the prior written consent of RAF, which consent may be withheld in RAF’s sole discretion.  Any hyperlink will at all times be displayed in its entirety and not in association with any text, graphics, logos, trademarks, or trade names of a third party or any information that is misleading or otherwise misrepresents the nature of the website or that is in any way derogatory or could otherwise reflect negatively upon the website. Any hyperlink must link directly to the home page of the website via either the same browser window in which your website operates or via a separate browser window. Under no circumstances will the website, in whole or in part, be framed, modified in any manner or for any purpose, or otherwise interfered with in its normal operation and appearance. Any hyperlink to this website will only be displayed as set forth in this paragraph, and will not be modified in any way, including, without limitation, any modification enabling the hyperlink to grant access to websites or pages other than the home page of this website. The only rights granted to you to hyperlink to the website are as set forth in this paragraph. If RAF provides you with written notice at any time directing you to remove the hyperlink to this website from your website, you agree to do so immediately upon your receipt of such notice.

JURISDICTION AND CHOICE OF LAW:

These Terms of Use and all claims related to this website will be interpreted and reviewed under the laws of the United States and the State of Maryland (without regard to the conflicts of laws rules of that or any other jurisdiction). Any claim arising in connection with these Terms of Use or this website must be commenced within one (1) year after such claim arises. Any legal action arising pursuant to or in connection with this Agreement or these Terms of Use must be brought only in the state or federal courts located in Phoenix, Arizona, and you agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim. Each of the parties hereto hereby waives any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the relations contemplated hereby.

CHANGES:

The RAF reserves the right to amend these Terms of Use at any time in its sole discretion without prior notice to you. Your continued access to, or use of, this website after any such amendment will be deemed to constitute your acceptance of these Terms of Use, as amended.

MISCELLANEOUS:

These Terms of Use are the entire agreement between the RAF and you relating to the subject matter hereof and supersede all other agreements related to such subject matter. These Terms of Use will bind, and inure to, the benefit of the parties and their respective successors, permitted assigns, heirs, administrators, executors, and conservators. If any provision of these Terms of Use is adjudicated to be unenforceable or invalid for any reason, that part will be severed from the balance hereof, and the validity and enforceability of the remainder hereof will in no way be affected or impaired. No waiver of any breach of any provision of these Terms of Use will be deemed a continuing waiver thereof or a waiver of the breach of any other provision hereof.