Terms of Service

Terms of Service

Welcome to the PavementSucks.com ("PavementSucks") web site -- http://www.pavementsucks.com -- and any other web sites or services owned or operated by PavementSucks (the "PavementSucks"). This Terms of Use ("Terms" or "Agreement") is for the users, members, customers, and others who visit and use PavementSucks (collectively or individually, "Members").

The services hereunder are offered by PavementSucks, located at: PavementSucks P.O. Box 579717, Modesto, CA, 95357-9717. We also can be reached via our contact form.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. By accessing, browsing, using and/or REGISTERING FOR PavementSucks, you acknowledge that you have read, understood, and agree to be bound by the following terms, including ANY GUIDELINES AND FUTURE modifications (collectively, the "TERMS"). If you do not agree to these Terms, THEN please do not use PavementSucks.

Never display any personal information that could be used to find you in the real, off-line, world - for example, your full real name, mailing or home address, or phone numbers.

1. Privacy Notice. Your privacy is important to PavementSucks. PavementSucks's Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

2. Individual Features and Services. When using PavementSucks, you will be subject to any additional posted guidelines or rules including, but not limited to, the "Announcements" or "Stickies" found in the PavementSucks Forums, which are applicable to specific activities and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.

3. Modification of these Terms. PavementSucks reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of PavementSucks after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on PavementSucks.

4. Prohibited Conduct -- BY USING PavementSucks YOU AGREE not TO:

"Stalk", harass, threaten, or defraud other PavementSucks Members
Send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other PavementSucks Members
Make unsolicited offers, advertisements, proposals, chain letters, or send junk mail, to other Members
Impersonate another person or access another Member's account without permission
Fail to deliver payment for any purchases made on PavementSucks
Share PavementSucks-issued passwords with a third party or encourage another Member to do so
Misrepresent the source, identity, or content of information transmitted via PavementSucks, for example, claiming a created work as your own that is not yours
Use PavementSucks for any illegal purpose
Interfere with any security-related features of PavementSucks
Intentionally interfere with the operation of PavementSucks or any Member's enjoyment of it, or intentionally post inflammatory statements to get responses ("Trolling")

5. Eligibility; Account Information. PavementSucks is not available to persons under the age of 13 or to any Members suspended or removed from PavementSucks by PavementSucks. You agree that the information you provide to PavementSucks on Member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

6. Password. When you register as a Member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify PavementSucks. You may be liable for the losses incurred by PavementSucks or others due to any unauthorized use of your account.

7. Ownership; Proprietary Rights. PavementSucks is owned and operated by PavementSucks. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of PavementSucks provided by PavementSucks, including without limitation any Artwork, PavementSucks virtual items, PavementSucks member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, all Materials contained on PavementSucks are the property of PavementSucks or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to PavementSucks or its affiliates and/or third-party licensors. Except as expressly authorized by PavementSucks, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials.

8. Member Submissions.

Definition of Member Submissions. PavementSucks may now or in the future permit submissions in trail reports, tech articles, product reviews, blogging, etc. by you and other Members ("Member Submissions"), and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, PavementSucks does not guarantee any confidentiality with respect to any Member Submissions.
Ownership, Limited License Grants. Member's retain all ownership rights in their Member Submissions.
1. Limited License Grant to PavementSucks. By submitting Member Submissions to PavementSucks, you hereby grant to PavementSucks, solely as necessary to provide the features and functionality of the part(s) of PavementSucks within which you choose to make your Member Submissions available, a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to display, reproduce, distribute and perform (if applicable) your Member Submissions within PavementSucks in any media formats and through any media channels. This license does not grant PavementSucks the right, except in providing the PavementSucks service, to use your Member Submissions for any other commercial purposes.
2. Limited License Grant to other PavementSucks Members. By submitting Member Submissions to PavementSucks, in cases where you display your Member Submissions for other Members to view, or when you directly exchange or otherwise provide your Member Submissions to other Members as permitted by certain PavementSucks functionality and these Terms, you hereby grant to such Members of PavementSucks a non-exclusive license to display, reproduce, and perform (if applicable) such Member Submissions solely as necessary for such Members to participate in the relevant PavementSucks functionality or activity.
3. License Termination. The foregoing license granted by you terminates as to a specific Member Submission once you remove or delete such Member Submission from PavementSucks.
Required Rights in Member Submissions. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize PavementSucks and PavementSucks's Members to use your Member Submissions as necessary to exercise the license granted by you in Section 8.2 above and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any Member Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the Member Submissions in the manner contemplated by PavementSucks and these Terms.
Member Submissions Representations. In connection with Member Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PavementSucks all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage PavementSucks or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
Member Submissions Disclaimer. You understand that when using PavementSucks you will be exposed to Member Submissions from a variety of sources, and that PavementSucks is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PavementSucks with respect thereto, and agree to indemnify and hold PavementSucks, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of PavementSucks. PavementSucks does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and PavementSucks expressly disclaims any and all liability in connection with Member Submissions. If notified by a Member or a content owner of a Member Submission that allegedly does not conform to these Terms, PavementSucks may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. For clarity, PavementSucks does not permit copyright infringing activities on PavementSucks.

9. Messaging and Chat

You are welcome to post, transmit or submit chat and messages (collectively "Messages") within, or in connection with, PavementSucks. PavementSucks accepts no responsibility whatsoever in connection with or arising from such Messages. PavementSucks does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not reviewed by PavementSucks prior to posting and do not necessarily reflect the opinions or policies of PavementSucks. PavementSucks makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, PavementSucks reserves the right to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.
PavementSucks assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time PavementSucks chooses, in its sole discretion, to monitor the Forums, PavementSucks nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that PavementSucks accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.

10. Prohibited Uses.

Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access PavementSucks from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Members visiting PavementSucks from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.
Any use of any of the Materials other than for private, non-commercial use is strictly prohibited. As a condition of your use of PavementSucks, you will not use PavementSucks for any purpose that is unlawful or prohibited by these Terms. You may not use PavementSucks in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of PavementSucks. You may not attempt to gain unauthorized access to PavementSucks, or any part of them, other accounts, computer systems or networks connected to PavementSucks, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of PavementSucks or any activities conducted on PavementSucks. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through PavementSucks. You agree neither to modify PavementSucks in any manner or form, nor to use modified versions of PavementSucks, including (without limitation) for the purpose of obtaining unauthorized access to PavementSucks.
PavementSucks may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access PavementSucks for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to PavementSucks. * Search engines are exempt from this prohibition.

11. DMCA Notifications.

It is PavementSucks's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. PavementSucks will promptly terminate without notice any Member's access to PavementSucks, if that Member is determined to be a "repeat infringer." A repeat infringer is a Member who has been notified by PavementSucks of infringing activity violations more than twice and/or who has had a Member Submission removed from PavementSucks more than twice.

13. Payment Terms.

If you purchase a Platinum or Vendor Membership, buy a "Subscription" for various added features from PavementSucks, then you agree to pay for any such purchases, and we may charge your selected payment method to collect any such payments.

You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails your subscription may be deactivated without notice to you if payment is past due, regardless of the dollar amount.

You may cancel your subscription at any time by logging into your Paypal account and canceling the active subscription.

PavementSucks does not have access to your Paypal account. PavementSucks cannot charge your account without your approval.

14. Third-Party Sites, Products and Services; Links

PavementSucks may include links to other web sites or services solely as a convenience to Members ("linked sites"). PavementSucks does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, PavementSucks makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through PavementSucks are solely between you and such advertiser. You agree that PavementSucks will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on PavementSucks.

15. Violations; Termination.

You agree that PavementSucks, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with PavementSucks or your use of PavementSucks and remove and discard all or any part of your account, Member profile, or any Member Submission, at any time. PavementSucks may also in its sole discretion and at any time discontinue providing access to PavementSucks, or any part thereof, with or without notice. You agree that any termination of your access to PavementSucks or any account you may have or portion thereof may be effected without prior notice, and you agree that PavementSucks shall not be liable to you or any third party for any such termination. As discussed herein, PavementSucks does not permit copyright infringing activities on PavementSucks, and reserves the right to terminate access to PavementSucks, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of PavementSucks may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PavementSucks may have at law or in equity.

16. Disclaimers;

No Warranties. PavementSucks AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH PavementSucks ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PavementSucks, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

PavementSucks, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN PavementSucks WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PavementSucks OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PavementSucks, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF PavementSucks IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PavementSucks NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF PavementSucks AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. Indemnification; Hold Harmless. You agree to indemnify, save, and hold PavementSucks, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of PavementSucks, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. PavementSucks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PavementSucks, and you agree to cooperate with PavementSucks's defense of these claims.

18. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PavementSucks OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON PavementSucks, OR ANY OTHER INTERACTIONS WITH PavementSucks, EVEN IF PavementSucks OR A PavementSucks AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PavementSucks's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL PavementSucks OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF PavementSucks, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER PavementSucks MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PavementSucks DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN PavementSucks AND RECEIVED THROUGH OR ADVERTISED ON PavementSucks OR RECEIVED THROUGH ANY LINKS PROVIDED ON PavementSucks.

19. Miscellaneous.

Notice. Except as explicitly stated otherwise, legal notices will be served on PavementSucks's national registered agent or to the email address you provide to PavementSucks during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through PavementSucks. In such case, notice will be deemed given three days after the date of mailing.
Waiver. The failure of PavementSucks to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by PavementSucks.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or PavementSucks will be filed only in the state or federal courts in and for Stanislaus County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PavementSucks without restriction.
Survival. Sections 7 and 14 through 19 will survive any termination of these Terms.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and PavementSucks relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by PavementSucks as set forth in Section 3 above.
Claims. YOU AND PavementSucks AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO PavementSucks MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. The services hereunder are offered by PavementSucks, located at: PavementSucks P.O.Box 579717, Modesto, CA 95357-9717. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

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