FAVORITEROAD.COM®
TERMS AND CONDITIONS OF USE
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR ACCESS TO THE FAVORITEROAD.COM™ WEBSITE ( THE “SITE”). BY USING THIS SITE, YOU ARE ACCEPTING THESE TERMS AND CONDITIONS.
We may amend these Terms and Conditions at any time by posting the amended terms on our site. All amended terms are automatically effective upon posting on our site. These Terms and Conditions may not be otherwise amended except in a writing signed by you and an authorized officer of FavoriteRoad.com.
If you are under 16 years of age, do not use this site unless you have legal parent or guardian consent to accept these Terms and Conditions and are fully able to abide by them. FavoriteRoad.com does not knowingly collect information from children under the age of 13. If you are under 13, please do not submit any personally identifiable information on this website.
1. Use of Materials on this Site.
FavoriteRoad.com maintains this site for your personal information, education, and communication. Please feel free to browse our site. Except for User Submissions (as defined below), all materials on our site, including but not limited to artwork, photographs, graphics, audio clips, text and trademarks (collectively, “Materials”), are the sole property of FavoriteRoad.com or its licensors. The exclusive rights to all Materials on this site are protected by U.S. and international laws of copyright, trademark and unfair competition. Unless granted prior written authorization from FavoriteRoad.com, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the Materials on our site. To request such permission, send an email to editor@favoriteroad.com.
2. Your User Submissions to this Site.
2.1 You may submit information, text, photographs, graphics, videos or other material (collectively, “User Submissions”) to this site.
2.2 FavoriteRoad.com does not endorse or guarantee any User Submissions or any opinion, recommendation, or advice expressed therein, and FavoriteRoad.com expressly disclaims any and all liability in connection with User Submissions.
2.3 You should be aware that your User Submissions are public, not private, communications. When you voluntarily disclose personal information through your User Submissions, that information can be collected and used by others and may result in unsolicited messages from other people.
2.4 You agree that your User Submissions will comply with our Community Guidelines. Our Community Guidelines are described below.
2.5 By submitting User Submissions to this site, you hereby grant FavoriteRoad.com an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Submissions (or any portion thereof) in perpetuity, and in any now existing or hereafter created format, and FavoriteRoad.com may sublicense all or part of its rights under this license or assign them to third parties.
2.6 By submitting User Submissions to this site, you represent and warrant that the User Submissions are your original work, your User Submissions do not violate any agreement between you and a third party, and your User Submissions do not infringe upon or violate any law, agreement or other rights of any kind, of any third party, including but not limited to, rights of copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity. You agree that you will, at your own expense, defend, indemnify, and hold harmless FavoriteRoad.com, the Asphalt Institute and their affiliated and related entities, members, directors, officers, employees, agents, contractors, licensees, successors and assigns, from and against all claims, losses, damages and expenses of any kind (including, without limitation, attorneys’ fees and expenses) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.
2.7 FavoriteRoad.com may refuse or remove any User Submission that, in its sole judgment, violates these Terms and Conditions. FavoriteRoad.com has the right, but not the obligation, to monitor this site for inappropriate content. You are solely responsible for any User Submissions you post on this site.
2.8 You acknowledge and agree that FavoriteRoad.com may preserve User Submissions and may also disclose User Submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Asphalt Institute, FavoriteRoad.com users or the public.
3. Community Guidelines.
3.1 We ask that you communicate with common courtesy and collegial respect. If you disagree with a User Submission, please disagree without being angry, hostile or threatening. The list below is intended to keep this site a safe, informative and constructive community for all those who visit it. Please comply with the rules on this list.
3.2 You agree not to submit, upload or post any User Submission to this site which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone’s copyrights, patents, trade secrets, trademarks, trade names or other proprietary right of a third party, or would otherwise give rise to civil liability; (3) falsifies or deletes author attributions, legal notices or other proprietary designations; (4) violates any law or regulation; (5) constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (6) contains viruses, corrupted files, or other materials that may cause damage to another’s computer, software or data (7) advertises or otherwise solicits funds or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes or other such forms of solicitation, (8) is false, deceptive, or misleading; (9) impersonates any person or entity including, but not limited to, a FavoriteRoad.com™ employee or leader, or falsely states or otherwise misrepresents your affiliation with a person or entity; (10) violates an applicable U.S. or foreign law, treaty, regulation or convention related to privacy, publicity, data protection, electronic communications or anti-spamming; (11) contains doctored, altered or edited photographs, video, or images; (12) pictures or names any person who has not properly consented to being pictured or named; or (13) doctors, edits, changes or alters other people’s User Submissions. Additionally, you acknowledge and agree to the following regarding your User Submissions: (1) all locations and places pictured or described are accurate to the best of your knowledge; and (2) you are the owner of all photos, videos or images contained in your posts and you have the right to post them.
4. Account Registration and Security.
4.1 Your confidential use of this site cannot be guaranteed by FavoriteRoad.com. FavoriteRoad.com is not responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to this site.
4.2 You may need to create an account to access some features or areas of this site. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You may never use the account of another user. You must notify FavoriteRoad.com immediately if you suspect any unauthorized use of your account, and you may be liable for the losses of FavoriteRoad.com or others due to such unauthorized use.
5. Outside Links.
FavoriteRoad.com may provide, or third parties may provide, links to other websites. Because FavoriteRoad.com has no control over such sites, you acknowledge and agree that FavoriteRoad.com is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You further acknowledge and agree that FavoriteRoad.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site.
6. No Warranties.
6.1 ALL CONTENT ON THIS SITE IS PROVIDED “AS IS”, “AS AVAILABLE”, “WITH ALL DEFECTS”, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
6.2 WE DO NOT GUARANTEE THAT OUR SITE WILL BE OPERATIONAL, NOR DO WE GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE. OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS BEYOND OUR CONTROL. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM FAVORITEROAD.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
7. Limitation on Liability.
7.1 IN NO EVENT SHALL FAVORITEROAD.COM OR THE ASPHALT INSTITUTE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF OUR SITE (HOWEVER ARISING, INCLUDING WITHOUT LIMITATION NEGLIGENCE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
7.2 YOU SPECIFICALLY ACKNOWLEDGE THAT FAVORITEROAD.COM AND THE ASPHALT INSTITUTE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU RELEASE FAVORITEROAD.COM, THE ASPHALT INSTITUTE, AND THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS OR EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
7.3 All advertisers on the Site are responsible for their own content. FavoriteRoad.com does not guarantee, endorse or verify any content, statements, opinions, claims or images of any advertiser on the Site. FavoriteRoad.com is not responsible or liable for any content of advertisers on the Site.
8. Indemnity.
You agree to defend, indemnify and hold harmless FavoriteRoad.com, the Asphalt Institute, and their members, directors, officers, employees, agents, contractors, affiliates, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this site; (ii) your violation of any term of these Terms and Conditions, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of this site.
9. Notices.
Except as explicitly stated otherwise, any notices shall be given (in the case of FavoriteRoad.com) by certified U.S. mail, postage prepaid and return receipt requested, to Asphalt Institute, Inc., Attn: FavoriteRoad.com Editor, 2696 Research Park Drive, Lexington, Kentucky 40511 or (in your case) to the e-mail address you provide to FavoriteRoad.com during the registration process. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified U.S. mail, postage prepaid and return receipt requested, to the address provided to FavoriteRoad.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
10. Arbitration.
Any controversy or claim involving FavoriteRoad.com or the Asphalt Institute arising out of or relating to these Terms or Conditions or use of this site shall be settled by binding arbitration before a single arbitrator and in accordance with the then current CPR Institute for Dispute Resolution Rules for Non-Administered Arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be governed by the U.S. Federal Arbitration Act, 9 U.S.C. §§ 1-16 and be conducted in Lexington, Kentucky USA. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Asphalt Institute may seek any interim or preliminary relief from a court of competent jurisdiction in Lexington, Kentucky USA necessary to protect the rights or property of you or the Asphalt Institute pending the completion of arbitration.
11. General.
11.1 You agree that this site shall be deemed solely based in Kentucky, and that this site shall be deemed a passive website that does not give rise to personal jurisdiction over the Asphalt Institute, either specific or general, in jurisdictions other than Kentucky. These Terms and Conditions shall be governed by and construed according to the laws of the Commonwealth of Kentucky, as they are applied to agreements entered into and to be performed entirely within Kentucky, and regardless of the principles of conflicts of laws applied by Kentucky or any other jurisdiction.
11.2 If any provision of these Terms and Conditions is held to be invalid or unenforceable in whole or in part, such provision shall be deemed amended to the maximum valid or enforceable extent, or if necessary, struck, but only in the jurisdiction where such holding is made. In such case, the remaining provisions of these Terms and Conditions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
11.3 These Terms and Conditions along with the Privacy Policy incorporated by reference herein is the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by an authorized officer of FavoriteRoad.com.
11.4 These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by FavoriteRoad.com without restriction.
12. Incorporation by Reference.
FavoriteRoad.com’s online Privacy Policy is incorporated in these Terms and Conditions by reference.
13. FavoriteRoad.com
As used in these Terms and Conditions, “FavoriteRoad.com” means and includes FavoriteRoad.com and Asphalt Institute, Inc.
