Effective as of November 2020
1.LICENSE GRANT. The Site is made available by RFCI, and this TOU provides to you a personal, revocable, limited, non-exclusive, nontransferable, and non-sub licensable license to use the Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Site or any materials through the Site for any commercial or unauthorized purposes. If you wish to make use of the Site other than as set out herein, you may contact RFCI using the contact information set forth below.
2.LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. RFCI transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, RFCI reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
3.USER OBLIGATIONS. By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Site. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Site only with the involvement and acceptance of this TOU by a parent or legal guardian. If you are accessing or otherwise using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOU. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and the Site is solely at your own risk.
4.PROPRIETARY RIGHTS. The Site is Copyright 2020 © Resilient Floor Covering Institute and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Site, unless otherwise indicated, are owned by RFCI and/or its licensors. RFCI, the RFCI logo, BEAUTIFULLY RESPONSIBLE, and all other names, logos, and icons identifying RFCI and its programs, products, or services are proprietary trademarks of RFCI, and any use of such marks without the express written permission of RFCI is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
5.FEEDBACK. RFCI welcomes your feedback and suggestions about RFCI’s mission, services, or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to RFCI, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for RFCI to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
7.LINKS TO OTHER SITES. RFCI may provide links, in its sole discretion, to other third party websites and/or provide access to social media platforms. Such other sites, including social media platforms, are maintained by third parties over which RFCI exercises no control. These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless RFCI expressly states otherwise. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
8.DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. RFCI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RFCI ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE MATERIALS, THE ACCURACY OF THE INFORMATION,AND/OR THE QUALITY OF THE INFORMATION OR SERVICES PROVIDED BY OR AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ACCESS TO ORUSE OF ANY THIRD PARTY CONTENT OR SITES.
9.LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE RFCI FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND RFCI’S CONTROL. MOREOVER, IN NO EVENT SHALL RFCIBE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, EVEN IFRFCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.ENFORCING SECURITY. RFCI wishes to keep the Site as a safe and productive resource. You therefore may not use the Site or any of RFCI’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. RFCI reserves the right to view, monitor, and/or record activity on the Site in order to maintain security of the Site. Such recorded activity is subject to review by law enforcement organizations. RFCI will also comply with all court orders or subpoenas involving requests for information. RFCI reserves the right at any time to suspend or terminate operation of or access to the Site or any portion of the Site.
11.INJUNCTIVE RELIEF. You agree that RFCI shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that RFCI post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to RFCI to enforce any provision of this TOU.
12.TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you begin downloading, accessing, or using the Site, whichever is earliest. RFCI reserves the right at anytime and on reasonable grounds to deny your access to the Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning RFCI’s proprietary rights, Feedback, disclaimer of warranty, limitation of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
13.GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of Tennessee as applied to agreements entered into and completely performed in the State of Tennessee.
14.WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by RFCI of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
15.ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and RFCI as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and RFCI with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and RFCI with respect to the Site. You may not assign or transfer any rights under this TOU without the prior written consent of RFCI. Please note that RFCI reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, RFCI may add, modify, or delete any aspect, program, or feature of the Site, but RFCI is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
16.CONTACT INFORMATION. If you have questions regarding the Site or if you are interested in obtaining more information concerning RFCI, please contact RFCI via the “Contact Us” section at www.rfci.com.