PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF
USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT
USE THIS SITE.
General. This site, Roadworkahead.org is
owned and operated by RoadWorkAhead, LLC. (referred to
as "The owner or Roadworkahead) has right at any time to
change or discontinue any aspect or feature of the site,
including, without limitation, the content, hours of
availability, and equipment needed for access or use of the
site.
Equipment.
You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for
access to and use of the site and all charges related thereto.
Restrictions on Use.
You shall use the site for lawful purposes only. You
shall not post or transmit through the site any material which
violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages conduct that would
constitute a criminal offense, gives rise to civil liability
or otherwise violate any law. Any conduct by you that in
RoadWorkAhead, LLC. discretion restricts or inhibits
any other user from using or enjoying the site will not be
permitted.
The site contains copyrighted material, trademarks,
databases, and other proprietary information, including,
without limitation, text, software, photos, video, graphics,
music and sound, and the contents of the site are copyrighted
under the United States copyright laws. You may not modify,
publish, transmit, display, participate in the transfer or
sale, create derivative works, or in any way exploit, any of
the content, in whole or in part. You may download one copy of
any copyrighted material for your personal, non-commercial
home use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material
will be permitted without the express written permission of
RoadWorkAhead, LLC.. and the copyright owner. In the event of
any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be
made. You acknowledge that you do not acquire any ownership
rights by downloading copyrighted material.
Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR
SOLE RISK. NEITHER RoadWorkAhead, LLC. ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE
OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT
RoadWorkAhead, LLC. IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
IN NO EVENT WILL RoadWorkAhead, LLC. OR ANY
PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE
LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE)
OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY)
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR
SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS
OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO
ALL USE OF AND CONTENT ON THE SITE. 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 NO EVENT SHALL ROADWORKAHEAD'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN
NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
Indemnification. You agree to defend, indemnify
and hold harmless RoadWorkAhead, LLC. and its affiliates and
their respective directors, officers, employees and agents
from and against any and all claims, actions, demands,
damages, costs, liabilities, losses and expenses (including
reasonable attorneys' fees) arising out of your use of the
site.
Trademarks. The name Roadworkahead,
Roadworkahead.org are trademarks of RoadWorkAhead, LLC. The
orange diamond sign with dash marks is a logo of
RoadWorkAhead, LLC. All rights reserved. All other trademarks
appearing on the site are the property of their respective
owners.
Third Party Content. RoadWorkAhead, LLC. HAS
PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY
THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME
PROVIDE THIRD PARTY MATERIALS ON THIS SITE. RoadWorkAhead,
LLC. DOES NOT OPERATE OR CONTROL IN ANY RESPECT ANY
INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.
THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, RoadWorkAhead, LLC. DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. RoadWorkAhead, LLC. DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
RoadWorkAhead, LLC.DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN TERMS OF
THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR
OTHERWISE. YOU (AND NOT RoadWorkAhead, LLC.) ASSUME THE ENTIRE
COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
Changed Terms. RoadWorkAhead, LLC.has the right
at any time to change or modify the terms and conditions
applicable to use of the site, or any part thereof, or to
impose new conditions, including, without limitation, adding
fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon
notice thereof, which may be given by any means including,
without limitation, posting on the site, or by electronic or
conventional mail, or by any other means. Any use of the site
by you after such notice shall be deemed to constitute
acceptance of such changes, modifications, additions or
deletions.
Miscellaneous. These terms of use constitute the
entire agreement of the parties with respect to the subject
matter hereof and supersede all previous written or oral
agreements between the parties with respect to such subject
matter. These terms of use shall be construed in accordance
with the laws of the State of Tennessee, without regard to its
conflict of laws rules. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be
given any legal import.
Copyright © 2000-2005, RoadWorkAhead,
LLC. All rights
reserved.