1. ACCEPTANCE OF TERMS
The web pages available at asphaltandrubber.com, and all linked pages (“Site”), are owned and operated by TLZ Holdings, LLC. (“TLZ”), a Virginia Limited Liability Company, and is accessed by you under the Terms of Service described below (“Terms of Service”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. TLZ’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY TLZ, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. MODIFICATIONS OF TERMS OF SERVICE
TLZ reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, TLZ will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at TLZ’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
3. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Service, TLZ may offer to provide certain services and content, as described more fully on the Site, (“Services”). Services shall include, but not be limited to, any service and content TLZ performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”). TLZ may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. TLZ may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with TLZ and select a password and screen name (“Asphalt & Rubber Username”). You shall provide TLZ with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Asphalt & Rubber account. You may not (i) select or use as a Asphalt & Rubber Username, a name of another person with the intent to impersonate that person; (ii) use as a Asphalt & Rubber Username subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Asphalt & Rubber Username that is otherwise offensive, vulgar or obscene. TLZ reserves the right to refuse registration of, or cancel a Asphalt & Rubber Username or account in its discretion. You shall be responsible for maintaining the confidentiality of your Asphalt & Rubber password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
5. USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by TLZ.
By way of example, and not as a limitation, you agree not to use the Services:
a. to abuse, harass, threaten, impersonate or intimidate other Asphalt & Rubber users;
b. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, abusive, offensive or otherwise violates any law or right of any third party;
c. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
d. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Asphalt & Rubberuser;
e. to create or submit unwanted email (“Spam”) to any other Asphalt & Rubber users or any URL;
f. to violate any laws in your jurisdiction (including but not limited to copyright, trademark, civil, and criminal laws);
g. to submit threads, posts, or comments linking to affiliate programs, multi-level marketing schemes, or off-topic content;
h. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
i. with the intention of artificially inflating or altering the a user’s post count, blog count, comments, or any other TLZ service, including by way of creating separate user accounts for the purpose of artificially altering TLZ’s services; giving or receiving money or other remuneration in exchange for posts, threads, or images; or participating in any other organized effort that in any way artificially alters the results of TLZ’s services;
j. attempt to impersonate another user, company, or person;
k. sell or otherwise transfer your profile.
TLZ may remove any Content and Asphalt & Rubber accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Service abuse, please email: firstname.lastname@example.org
You are solely responsible for your interactions with other users of the Site. TLZ reserves the right, but has no obligation, to monitor disputes between you and other users.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to control, ownership, and copyright to TLZ Holdings, unless expressly noted on the content itself. For clarity, the foregoing does not apply to the Content on any external sites to which the Services link.
7. COPYRIGHT COMPLAINTS
TLZ respects the intellectual property of others. It is TLZ Holding’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. TLZ Holdings will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, TLZ Holdings may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. TLZ Holdings will terminate access for subscribers and account holders who are repeat infringers.
Notifying TLZ Holdings of Copyright Infringement: To provide TLZ Holdings notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of email@example.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Providing TLZ Holdings with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide TLZ Holdings with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at firstname.lastname@example.org that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
You will indemnify and hold harmless TLZ Holdings, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Service by you, or the infringement by you, or any third party using your account or Asphalt & Rubber username, of any intellectual property or other right of any person or entity.
10. WARRANTY DISCLAIMERS
You acknowledge that TLZ Holdings has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release TLZ Holdings from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. TLZ Holdings makes no representations concerning any content contained in or accessed through the Site or Services, and TLZ Holdings will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TLZ Holdings has no control over such sites and resources, you acknowledge and agree that TLZ Holdings is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TLZ Holdings shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL TLZ HOLDINGS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TLZ Holdings may terminate or suspend any and all Services and your Asphalt & Rubber account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Asphalt & Rubber account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind TLZ Holdings in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. TLZ Holdings shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TLZ Holdings’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service is not assignable, transferable or sublicensable by you except with TLZ Holdings’s prior written consent. TLZ Holdings may transfer, assign or delegate the Terms of Service and its rights and obligations without consent. The Terms of Service shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Contra Costa County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, (but without limiting TLZ Holdings’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Walnut Creek, California using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys’ fees. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
TLZ Holdings, TLZ, Asphalt & Rubber, and other Asphalt & Rubber graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of TLZ Holdings in the U.S. and/or other countries. TLZ Holdings’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Additional trademarks and their users are further expressed in the Intellectual Property disclaimer available here, which is incorporated by this reference.