PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE.
The Telfer Pavement Technologies, LLC (collectively, “Telfer”), as a convenience to you grants you access to itswebsite, accessible via www.telferpavements.com (the “Site”), conditioned on your acceptanceof the terms, conditions and notices contained herein (these “Terms of Use”). For the purposes of these Terms of Use, “Content” means, collectively, any content, including, without limitation any text, software, source code, applications, specifications, images, audio files, articles, and other information or content available through the Site.
You are also subject to the Telfer Privacy Policy. You agree that Telfer may modify these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you. When you access, use or browse the Site, you accept, without limitation or qualification, these Terms of Use as if you had signed them. You are responsible for regularly reviewing these Terms of Use.
These Terms of Use are effective as of August 1, 2011.
ACCEPTANCE OF TERMS
Please read these Terms of Use and Telfer’s Privacy Policy carefully. By accessing or using the Site, you agree to these Terms of Use, and you consent to the collection and use of information as described in our Privacy Policy. If you do not agree to these Terms of Use and the terms and conditions of our Privacy Policy, you must exit the Site immediately and discontinue any use of any Content.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Site is for your personal and noncommercial use. You may not (i) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content, other than for your use of the Site as expressly permitted in these Terms of Use; (ii) access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site; or (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any business being conducted on the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from different areas of the Site solely for your own noncommercial use. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of any Content, without prior written permission of Telfer is strictly prohibited.
Telfer does not accept or consider unsolicited suggestions and materials, including any ideas, comments, suggestions, or the like (collectively, “Information”). Please do not submit any Information to Telfer by electronic mail, contact us forms or otherwise. Notwithstanding the foregoing and except as otherwise provided under the Privacy Policy concerning personally identifying information, if you submit Information to Telfer, such Information will be treated as
non-confidential and non-proprietary. Furthermore, You give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Information. Telfer is free to use any Information, without limitation and without any compensation to You, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using Information or editing, altering, broadcasting, posting, publishing, copying, disclosing, distributing, incorporating and otherwise using Information. By submitting Information to Telfer, You agree Telfer is free to use the Information for any purpose whatsoever.
COPYRIGHTS
The Content and the Site, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of Telfer and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Telfer’s express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, Telfer grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content. Any Content owned by Telfer’s licensors may be subject to additional restrictions.
TRADEMARKS
All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Telfer or other respective owners that have granted Telfer the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of Telfer, and you may not remove or otherwise modify any trademark notices from any Content.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Telfer respects the intellectual property of others, and we ask our users and visitors to do the same. Telfer will 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 with the DMCA, Telfer will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement,please provide Telfer the following information. Please be advised that to be effective, the notification must include ALL of the following:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit Telfer to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
compliance@telfercompanies.com
Or mail to:
Director of Marketing
PO Box 709
Martinez, CA 94553
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING TELFER THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
TERM & TERMINATION
These Terms of Use are applicable to you upon your accessing the Site. These Terms of Use may be modified, altered, updated or terminated by Telfer without notice at any time for any reason. Your continued use of the Site after such modifications, alterations or updates, as the case may be, signifies your agreement to be bound by such modifications, alterations or updates. The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification, Applicable Laws, and General shall survive any termination of these Terms of Use.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third parties other than Telfer (the “External Sites”). However, even if the third party is affiliated with Telfer, Telfer has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Telfer. Telfer has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. Links do not imply that Telfer sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Telfer seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
DISCLAIMER
Telfer makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any External Sites. Telfer does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND ANY CONTENT, PRODUCTS OR SERVICES PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TELFER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TELFER DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TELFER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO TELFER THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TELFER, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIES, LICENSORS AND THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF TELFER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL TELFER’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED TEN DOLLARS.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Telfer, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions.
APPLICABLE LAWS
Your use of this Site shall be governed in all respects by the laws of the State of California, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in California. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Telfer’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Telfer may assign its rights and duties under these Terms of Use to any Party at any time without notice to you.
GENERAL
Telfer may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Telfer as a result of these Terms of Use, our Privacy Policy or any use of the Site. Telfer’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use, or our Privacy Policy is in derogation of Telfer’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Telfer with respect to such use. These Terms of Use, and our Privacy Policy constitute the entire agreement between you and Telfer with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Telfer with respect to the Site. We may provide notice to you hereunder by posting announcements to the Site.
CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT
The California Transparency in Supply Chains Act of 2010 (SB657) is designed to increase the amount of information made available by retailers and manufacturers regarding efforts to address the issue of human trafficking and slavery.
Telfer Pavement Technologies, LLC believes that workers at supplier facilities have the right to freely choose employment. Further, Telfer Oil Company expects that all suppliers who do business with Telfer Pavement Technologies, LLC and its subsidiaries will comply with all applicable laws, including the laws against forced or involuntary labor. Telfer Pavement Technologies, LLC is not aware that any of its suppliers engage in human trafficking or slavery and has not received any information suggesting that any of its suppliers engage in human trafficking or slavery. Accordingly, Telfer Pavement Technologies, LLC does not verify its supply chains to evaluate the risks of human trafficking or slavery, audit its suppliers for compliance with or require suppliers to certify compliance with the laws regarding human trafficking and slavery, provide training related thereto or maintain internal accountability standards relating thereto.
This disclosure applies to all consolidated Telfer Pavement Technologies, LLC susidiaries that are California taxpayers subject to the California Transparency in Supply Chain Act.
NOTICES
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the Site, you must provide all notices or complaints to Telfer Pavement Technologies, LLC via email to compliance@telferpavements.com or mail at PO Box 709 Martinez, CA, 94553.