IMPORTANT – READ CAREFULLY: YOUR USE OF THE PAVEMENTDESIGNER.ORG WEBSITE AND ITS SERVICES IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS (HERINAFTER “TERMS AND CONDITIONS”).
THESE TERMS AND CONDITIONS GOVERN THE USE OF THE PAVEMENTDESIGNER.ORG WEB SITE (HERINAFTER ” SITE”) BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS “YOU” OR “YOUR”).
BY ACCESSING OR USING THE SITE IN ANY WAY, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS.
THE PD COLLECTIVE RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE SITE IN ANY WAY AFTER SUCH CHANGES ARE POSTED TO THE SITE CONSTITUTES YOUR AGREEMENT AND ACCEPTANCE OF THE CHANGES. YOU SHOULD CONSULT THESE TERMS AND CONDITIONS REGULARLY TO VIEW THE CURRENT TERMS IN PLACE.
- Scope. These Terms and Conditions govern Your use of the Site. These Terms and Conditions, however, do not apply to other products or services of the organizations constituting the PD Collective, which may be the subject of separate agreements.
- Permitted Use. You have a nonexclusive, nontransferable, limited, revocable right to use the Site to view and download content, and to save and print pavement design calculations made available from this Site subject to the following conditions:
- You may not modify or alter Content on the Site in any way.
- You may not republish, distribute or sell, rent, lease, or license Content on the Site to others.
- You may not remove any copyright or other proprietary notices placed by the PD Collective on the Site.
- PD Collective reserves the right to revoke the authorization to view, download, and print content available on or from the Site at any time, and any such use shall be discontinued immediately upon notice from PD Collective.
- The rights granted to You herein constitute a license and not a transfer of title.
The rights specified above to view, download, and print the content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, the Content, or the Services or their selection and arrangement, except as expressly authorized herein. In addition, You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. You may not use the Site for any unintended purpose without the PD Collective’s express prior written consent, including, without limitation, any commercial purpose. For example, You may not and may not authorize any other person or entity (“Person”) to:
- Frame the Site or any portion thereof (whereby the Site or a portion thereof will appear on a user’s screen with a portion of another Site, or with content or advertising of any Person without the PD Collective’s consent), or
- Co-brand the Site or any portion thereof. “Co-branding” means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the Site the impression that such the Person is associated or affiliated with the PD Collective, or has the right to display, publish, transmit or distribute the Site or content accessible within the Site. In addition, You may not and may not authorize any Person to link to any part of the Site without the PD Collective’s prior written consent.
You agree to cooperate with the PD Collective in causing any unauthorized framing, Co-branding, linking or similar activity to immediately cease.
- Proprietary Information. You acknowledge and agree that as between the PD Collective and You, the PD Collective is the owner of all right, title and interest in the Site and all content accessible within the Site (the “Content”), including, without limitation, all trademarks, service marks, trade names, patent rights, copyrights, and other intellectual property or proprietary rights with respect thereto. You will not reproduce, transmit, publish or distribute sublicense or otherwise transfer or make available to others, or edit, modify or create any derivative works of all or any part of the Site or the Content, without the express written consent of the PD Collective, other than limited printed copies of materials that You may need for Your own use and that contains all of the PD Collective’s copyright and other notices.
- User Content. Certain Services offered through the Site require or allow for User Content. By submitting User Content to this Site, You grant PD Collective one of the following types of licenses:
- Worldwide, Royalty-Free, Non-Exclusive License for User Content from Creative Efforts – For user Content that is the result of Your creative efforts and which is intended to be displayed on the Site, You grant PD Collective a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant PD Collective the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until PD Collective removes such User Content from the Site.
- Unrestricted, Worldwide, Irrevocable License to Use, Reproduce, Display, Perform, Modify, Transmit, and Distribute User Added Content – For User Content such as comments to PD Collective on user forms, reports or suggestion forms, You grant PD Collective and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and You also agree that PD Collective is free to use any ideas, concepts, know-how, or techniques that You send us for any purpose without any compensation to You. However, we will not release Your name or otherwise publicize the fact that You submitted such User Content to us unless: (a) You grant us permission to do so; (b) we first notify You that the User Content You submit to a particular part of the Site will be published or otherwise used with Your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of PD Collective or others.
- User Conduct and Becoming a Registered User. In using the Site, including all Services and Content available through it, You agree:
- Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites;
- Not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
- Not to create a false identity;
- Not to use or attempt to use another’s account, password, service, or system without authorization;
- Not to access or attempt to access any Content that You are not authorized to access;
- Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by You to the Site.
You must complete the Site registration process to become a user of this Site to use certain Services. Registering requires that You provide accurate and complete information in response to the information required in the Site’s user registration form, and You must promptly update such information in the event of any changes so that Your registration information is accurate and complete.
Upon registration, You will select a user name and password for your access to the Site. PD Collective will use reasonable efforts to assign the user name each registered user (each a “Registrant”) selects. However, we reserve the right to reject or terminate Your use of a user name, if it has been previously assigned to another Registrant, or if PD Collective in its sole discretion determines:
- Your user name is offensive, or its use violates applicable law,
- You have multiple registrations,
- You selected a user name of another party with the intent to impersonate that party,
- The user name You selected contains, may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of any party, or
- You have created multiple registrations for the purpose of avoiding any applicable fees.
If PD Collective rejects or terminates Your use of a user name because of a violation or threatened violation of these Terms and Conditions, PD Collective may elect, at its sole discretion and without prior notice: select an alternate user name for You as a registrant, to allow You to promptly select another acceptable user name, and/or to terminate Your use of the Site as provided herein. As a registrant, You are entirely responsible for maintaining the confidentiality of Your username and password as You deem necessary.
All Registrants shall notify PD Collective immediately of any known or suspected unauthorized use of or activities on the Site or any disclosure or misuse of any Content, or any other breach of security involving the Site. PD Collective shall not be liable for any failure by Registrants to comply with the Terms and Conditions. In the event that a dispute arises over the rightful use of user names and passwords, or over whether a Registrant’s use of the Site was in violation of the Terms and Conditions, PD Collective will have no obligation to You or any party to continue to grant access to the Site except under an order from a court of competent jurisdiction.
PD Collective reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate Your access to all or part of the Site, at any time without prior notice or liability. PD Collective may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, PD Collective will have no liability related to User Content. PD Collective disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
- Warranties and Disclaimers. ACCESS TO AND YOUR USE OF THE SITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED “AS IS.” THE PD COLLECTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE ORGANIZATIONS CONSTITUTING THE PD COLLECTIVE HEREBY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, PD COLLECTIVE MAKES NO WARRANTY THAT (I) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR CONTENT OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR CONTENT, WILL BE CORRECTED.
You may access a variety of third-party sources of content through the use of the Site. The PD Collective has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other web site that You can link to from the Site. Accordingly, the PD Collective has no liability or responsibility whatsoever for any content provided by any other Person contained on or obtained through the Site. You acknowledge and agree that any access, use or reliance on any such third-party content is at Your own risk. You understand that, except for information, products or services clearly identified as being supplied by the PD Collective, the PD Collective does not operate, control or endorse any information, products or services of any other Person on the Site or the Internet in any way. You also understand and agree that the PD Collective does not guarantee or warrant that files available for downloading from the Site or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely affect You, Your computer or computer systems, or Your data or files.
In addition, You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.In addition, the Site is intended as a tool for professional personnel knowledgeable in the field of pavement engineering, who are able to evaluate the significance and limitations of the results. Users of the Site are solely responsible for its proper use and application of the results. The organizations constituting the PD Collective and the individuals associated with developing the Site disclaim any and all responsibility for improper use or application of the Site, or for the accuracy of any of the sources upon which the Site is based.
Using the Site neither implies nor includes license to other pavement design procedures or any associated patented technology, which may be available from other sources separately and which may apply in certain countries. Users are solely responsible to obtain any necessary licenses to comply with local legal requirements.
- Limitation on Liability. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PD COLLECTIVE, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT PD COLLECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR CONTENT, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE.
- Indemnity. You agree to indemnify and hold the organizations constituting the PD Collective, and their subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content You submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), Your use of the Site (including against any claims brought by third parties arising out of Your use of the information accessed from the Site), Your connection to the Site, Your violation of these Terms and Conditions, the actions of any user accessing the Site through Your account, or Your violation of any rights of another person or entity. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith.
- Trademarks. The trademarks, logos, and service marks (Hereinafter “Marks”) displayed on the Site are the property of the organizations constituting the PD Collective or their third parties. The PD Collective, its content providers and such third parties retain all rights with respect to any of their respective trademarks, service marks or logos. You are not permitted to use any Marks without the prior written consent of the organizations constituting the PD Collective or such third-party owners.
- Site Content and Termination of Content/Access. The information and materials posted on the Site may contain errors, omissions, or typographical errors or may become out of date. PD Collective may change, delete, or update any posted information or materials at any time and without prior notice. The information and materials posted on the Site are not binding on the organizations constituting the PD Collective in any way except to the extent they are specifically indicated to be so.
The use of the Services or the downloading or other use of any Content through the Site is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your computer system, loss of data, or other harm that results from such activities. PD Collective assumes no liability for any computer virus or other similar software code that is downloaded to Your computer from the Site or in connection with any Services or Content offered through the Site. No advice or information, whether oral or written, obtained by You from PD Collective or through or from the Site shall create any warranty not expressly stated in these Terms and Conditions.PD Collective, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the Services, user name, password, registration, any part or all of the Site, and/or a Registrant’s access to and use of any part or all of the Content and/or the Site, and/or their rights under the Terms and Conditions, all at any time, including without limitation if PD Collective believes that You, as a Registrant, have:
- Violated or are threatening to violate these Terms and Conditions or other policy of PD Collective or applicable law,
- Misused or are threatening to misuse the Services, or have conducted or are threatening to conduct any fraudulent, abusive, or illegal activity,
- Accessed or are attempting to access any part of the Services or Content without authorization, or
- Made excessive use of bandwidth or are transmitting an excessive number of transmissions inconsistent with the proper use of the Site in the sole discretion of PD Collective.
PD Collective reserves the right to investigate the validity of any complaint presented to it which alleges that the Site has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way which violates the Terms and Conditions. Such investigations may include reviewing Content. A termination, as described herein, may be made with or without notice or delay.
- Linked Third Party Sites. Links to other Internet sites operated by third parties, including other sites operated by organizations constituting the PD Collective, do not imply or constitute sponsorship, endorsement, or approval by the organizations constituting the PD Collective of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the PD Collective, and the organizations constituting the PD Collective are not responsible for the availability, content, policies, or practices of linked sites. Links to other sites are provided for Your convenience only, and You access them at Your own risk.
- Headings. The headings of sections of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.
- Governing Law and Jurisdiction. The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Illinois, United States of America, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF THE ORGANIZATIONS CONSTITUTING THE PD COLLECTIVE REGARDING USE OF THE SITE, MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN COOK COUNTY, ILLINOIS, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
- Waiver of Right to Jury Trial. You and the organizations constituting the PD Collective hereby irrevocably and knowingly waive to the fullest extent permitted by law any right to a trial by jury in any action or proceeding, including, without limitation, any counterclaim, arising out of these Terms and Conditions, or any other agreements or transactions related hereto or thereto. The parties agree that any such action or proceeding shall be tried before a court and not a jury. In the event the waiver of a trial by jury is deemed invalid, the parties hereby agree that any action or proceeding, including, without limitation, any counterclaim, arising out of this Agreement, or any other agreements or transactions related hereto or thereto shall be determined by judicial reference.
- Attorneys Fees. In the event that any suit or action is instituted to enforce any provision of these Terms and Conditions, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to the Terms and Conditions, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
- Severability. The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
- Waiver. No failure or delay on the part of the PD Collective to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by the PD Collective preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by the PD collective to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.