RESILIENT FLOOR
COVERING INSTITUTE WEBSITE TERMS & CONDITIONS OF USE
Welcome to
the Internet site of the Resilient Floor Covering Institute,
a trade association representing North American
manufacturers of resilient flooring products and related
sundries. The Resilient Floor Covering Institute (referred
to herein
as "RFCI," "we," "us," or "our")
maintains this site (the "RFCI Site").
The following
terms and conditions (the "Terms and Conditions")
govern your use of the RFCI Site and any services contained
within the Site. By using the RFCI Site, you agree to be
bound by these Terms and Conditions.
1. Trademarks
1.1 RFCI and the RFCI logo are trademarks and
service marks (the "Trademarks") of RFCI. FloorScore
and the FloorScore logo are certification marks (the "Certification
Marks")
of RFCI. The Trademarks and Certification Marks are
collectively referred to as the "Marks." All
other marks mentioned on the RFCI Site are the trademarks
of their
respective owners.
Nothing contained in the RFCI Site should be construed
as granting, by implication, estoppel, or otherwise,
a license or right
to use any trademark displayed on the RFCI Site without
prior written permission of RFCI or other trademark
owners, as applicable.
1.2 RFCI does not permit the use
of its Marks without
RFCI's express prior written consent and the execution
of appropriate
agreements. Contact RFCI for more information.
1.3 You acknowledge and agree that (i) the Marks, the RFCI
Site and its contents are and shall remain
the
sole property
of RFCI; (ii) nothing in this Agreement shall give
you any right of ownership in the Marks or the
content of
the RFCI
Site; (iii) you shall not now or in the future
contest the validity of the Marks; (iv) you shall not take
any action
that would impair the value or goodwill associated
with the Marks
or RFCI's image or reputation; and (v) you shall
not use the Marks in any way that might be misleading,
including, without
limitation, by stating or implying that any goods
or
services
are certified by RFCI.
2. Copyrighted Information
2.1 The pages on the RFCI Site
may contain proprietary notices or copyright information,
the terms of
which must be observed
and followed.
2.2 RFCI owns the copyright in
all publications, guidelines, technical information, information,
text, articles,
data, images, graphics, photographs, sound
recordings and video
recordings
(collectively, "Content") contained
on each page of the RFCI Site, unless a third
party copyright holder is
otherwise identified. RFCI or such third
party, as applicable, is referred to herein
as the "Copyright
Holder."
2.3 Title to copyright in the
Content remains with the Copyright Holder
at all times.
3. Your Use of Copyrighted
Content
3.1.1 You may only use, download, or copy
Content found on the RFCI Site in compliance
with these
Terms and
Conditions. Except as provided herein,
any reproduction, distribution,
or retransmission of any Content on this
site without the prior written consent
of RFCI is
prohibited.
3.1.2 From time to time, RFCI
may place certain Content on the RFCI Site in the
section entitled "Technical Information," which
consists of technical specifications
and related information in respect of
the performance
and handling of certain floor
covering products and related sundries
(the "Technical
Information"). You may download
and copy Technical Information on the
RFCI
Site, provided that:
a. All copies of
Technical Information must contain a
copyright notice ("© [DATE]
Resilient Floor Covering Institute")
and other proprietary notices and a notice
that such Technical Information is reprinted
with permission of the Resilient Floor
Covering Institute,
b. Use or reproduction
of Technical Information is for internal,
educational or informational
use only,
and
c. Technical Information is not modified,
edited or revised in any way.
3.1.3 Except
as provided in Section 3.1.2, you may not copy, reproduce,
republish,
display, distribute, edit,
modify,
or create derivative works based on
the Content without
the express
prior written consent of RFCI.
3.1.4 You may not use any Content in any manner that disparages
RFCI, the
Copyright
Holder,
or any third
party referenced
in any Content, or that disparages
any product made by any company,
whether or not such company is a
member of RFCI, or is false or misleading
in any respect.
3.1.5 Nothing in these
Terms and Conditions shall be construed as
granting any
license under any
Copyright Holder's property
rights, either expressly or by
implication.
4. Linking Usage
4.1 You may establish hyperlink(s)
to any portion of the RFCI Site.
RFCI makes
no
guarantee that
the content
or
URL will
remain the same for any page
on the RFCI Site. Please monitor your
links
to ensure
their operation.
4.2 You shall
not state or imply in any way (including placement
of the
RFCI
name or
identifier, or
by the imposition of any
frames, browser windows or
third party content) that RFCI has
endorsed, tested,
or certified
your company,
products,
services
or website(s).
4.3 RFCI may
provide hyperlinks to non-member websites, and
will make
every effort
to ensure, though it
makes no guarantee,
that the links are valid.
Please report any broken, missing,
or invalid links
to the
Website Coordinator.
4.4 If
RFCI so directs in writing, you shall remove
any and all
links to the
RFCI Site
within twenty-four
hours
of receipt
of notice from RFCI.
5.
Indemnification
You agree to defend, indemnify
and hold harmless RFCI,
its directors, officers,
employees,
members, associate
members
and other representatives
from and
against any claims,
demands, damages, causes
of action, loss
or judgments
arising from
your breach of these
Terms and Conditions, your use
of the RFCI
Site, or your hyperlink
to
the RFCI
Site.
6. Disclaimers and
Limitation on Liability
The following disclaimers
apply to all Content
on the RFCI
Site, with
the exception
of the "Recommended
Work Practices for
Removal of Resilient
Floor Coverings."
6.1
Disclaimer of Warranties
The
Content of the RFCI Site is provided "as
is," and
RFCI makes no representations
or warranties, express
or implied, of any
kind with respect to
the RFCI Site or its
Content. RFCI
disclaims all representations
and warranties, including,
without limitation,
warranties of merchantability,
fitness for a particular
purpose or use, title
and non-infringement.
6.2
Disclaimer of Accuracy
Although
RFCI uses reasonable efforts
to maintain an
accurate, complete
and current
website,
RFCI does not
represent or
warrant that information
accessible via the
RFCI Site is accurate,
complete or current.
The RFCI Site may
contain typographical
errors
and experience
technical
difficulties from
time to time. RFCI
reserves
the right to add
to, change or delete the
Content
or any part thereof
without notice.
6.3
Disclaimer of Guaranty (Technical Information)
The Technical
Information presented is believed
to be technically
sound at the
time it is
posted on
the RFCI
Site. The Technical
Information is not
a substitute for
a product
seller's
or user's own
judgment with respect
to the particular
product discussed,
and RFCI does not
undertake to guarantee the performance
of
any individual
manufacturers' products
by virtue of any
Technical
Information. Thus,
RFCI expressly disclaims
any responsibility
for
damages arising from
the use,
application, or
reliance by others
on the information
contained
in
the Technical
Information.
6.4 Limitation
on RFCI's Liability
Neither
RFCI, nor its directors, officers,
employees, members,
associate members
or other representatives,
will be liable
for any direct, indirect,
incidental, special
or consequential
damages arising out of
or in connection
with the use
or misuse of the
RFCI Site or Content, even
if RFCI
has been
advised
of the possibility
thereof.
The foregoing shall
apply regardless
of the negligence
of RFCI
and regardless
of whether such
liability is found
in contracts, negligence,
tort or any
theory or liability.
This is a comprehensive
limitation of liability
that applies
to
all
damages of any kind,
including, without
limitation,
loss of data, income
or profit, loss of
or
damage
to property
and claims
of
third
parties.
You
have sole
responsibility for
your use of
the RFCI Site and
the information on
the
RFCI Site,
and you will not
make any claim against RFCI
resulting
from
your use of the
RFCI Site
and Content. 7. Third
Party Information and
Sites
7.1 Third Party
Information
The RFCI Site may contain
information supplied
or published by
third parties, which may
include standards,
news
releases, articles
published in other
media, and data.
This information
is posted on the
RFCI Site
from time
to time as a convenience
and does not represent
an
endorsement by
RFCI of the views expressed,
whether fact or
opinion. RFCI makes
no representation
or warranty regarding
the accuracy,
truth, quality,
suitability or reliability of
such information
provided by third
parties.
7.2 Disclaimer
The disclaimers of
warranty, accuracy,
and product
performance and
limitations of liability
set
forth in Section
6 above are equally
applicable
to information
supplied by third
parties and
published or
republished on the
RFCI Site.
7.3 Limitation
on Liability of
Third
Parties
Where a
third party's content appears
on the RFCI Site,
such third party
copyright holder
will not
be liable
for any direct,
indirect, special
or consequential
damages
arising out of
any use of content
owned by such
Copyright Holder or display
or
publication of
the
content
owned by such
Copyright Holder.
7.4 Links
to Third Party Sites
Other websites
that can be accessed
by
you via
the RFCI
Site are
not under the
control
of RFCI.
RFCI
is not responsible
for the content
of any website
linked
to the
RFCI Site or
any remote link
accessible from
such website.
Linkage to other
sites from the
RFCI Site is
provided solely as
a convenience
to the users of the
RFCI
Site, and the
linkage does
not constitute,
expressly
or
impliedly, an
endorsement by
RFCI of any linked
website or the
products or services
of that
organization
or person.
8. Modifications
RFCI reserves the
right to change,
modify,
add or delete
materials
on the RFCI
Site without notice.
RFCI may modify
these
Terms and Conditions
at any
time
by posting
modifications to the
RFCI Site.
Your continuing
use of the
RFCI Site
signifies your
acceptance
of such
modified Terms
and Conditions. 9.
Notice and Procedures for
Making Claims
of Copyright
Infringement
9.1 RFCI respects the rights
of all copyright
holders
and we ask
our
users to
do the
same. If
you believe
that your
intellectual
property
rights have been violated,
please
provide
RFCI's Copyright
Agent with
the information
required
by the
Online Copyright
Infringement
Liability
Limitation Act
of the Digital
Millennium
Copyright
Act, 17 U.S.C. § 512.
9.2 Notification
of copyright
infringement
must be
submitted
to the following
Designated
Agent:
Website
Coordinator
Resilient Floor Covering Institute
115 Broad Street, Suite 201
LaGrange, Georgia 30240
info@rfci.com
9.3 To
be effective,
the notification
must be
a
written
communication
that includes
the following:
9.3.1 A physical
or electronic
signature
of person
authorized
to act
on behalf
of the
owner
of an
exclusive
right
that is allegedly
infringed;
9.3.2 Identification
of the
copyrighted
work
claimed
to have
been
infringed,
or if
multiple
copyrighted
works
on the
RFCI
Site
are covered
by
a single
notification,
a representative
list
of
such
works
on
the RFCI
Site;
9.3.3 Identification
of the
Content
that
is claimed
to
be infringing
or to
be
the subject
of infringing
activity
and
that
is to
be removed
or access
to which
is to
be
disabled,
and information
reasonably
sufficient
to
permit
RFCI
to locate
such
Content;
9.3.4 Information
reasonably
sufficient
to permit
RFCI
to contact
the complaining
party,
such
as
an address,
telephone
number,
and,
if available,
an electronic
mail
address
at which
the
complaining
party
may be
contacted;
9.3.5 A statement
that
the
complaining
party
has a
good
faith
belief
that
use
of the
material
in
the manner
complained
of is
not authorized
by the
copyright
owner,
its agent,
or
the
law;
and
9.3.6 A statement
that
the
information
in
the notification
is accurate
and,
under
penalty
of perjury,
that
the complaining
party
is
authorized
to
act on
behalf
of the
owner
of an
exclusive
right
that
is
allegedly
infringed.
9.4 Through
this
provision
RFCI
seeks
to preserve
any and
all exemptions
from
liability
that
may be
available
under
the copyright
law,
but
does
not necessarily
stipulate
that
it is
a service
provider
as defined
in
17 U.S.C. § 512
or elsewhere
in the
law.
10.
No
Legal Advice
Nothing
contained
on
the
RFCI
Site
is
intended
as,
nor
shall
be
construed
as,
legal
advice,
guidance,
or
interpretation.
No
attorney-client
relationship
is
established
between
RFCI
and
you
by
using
the
RFCI
Site.
The
information
provided
on
the
RFCI
Site
is
for
general
informational
purposes
only,
and
questions
about
any
law,
statute,
or
regulation
should
be
directed
to
an
attorney
with
expertise
in
the
relevant
area. 11.
Choice
of
Law
and
Forum
This
Agreement shall
be governed
by and
construed in
accordance with
the laws
of the
State of
Maryland. Actions
brought under
this Agreement
shall be
brought in
the federal
and state
courts located
in the
State of
Maryland. You
agree and
submit to
the jurisdiction
of such
courts for
the purpose
of litigating
any claim
or action
related to
this Agreement. 12.
Miscellaneous
12.1
Severability and
Integration
Unless
otherwise specified
herein or
expressly stated
on the
RFCI Site,
these Terms
and Conditions
constitute the
entire agreement
between you
and RFCI
with respect
to the
RFCI Site
and its
Content and
supersede all
prior or
contemporaneous communications
and
proposals (whether
oral, written,
or electronic)
between you
and RFCI
with respect
to the
RFCI Site
and Content.
If any
part of
these Terms
and Conditions
is held
invalid or
unenforceable, the
remaining portions
shall remain
in full
force and
effect. The
section titles
in these
Terms and
Conditions are
for convenience
only and
have no
legal or
contractual effect.
12.2
Termination
RFCI
reserves the
right, in
its sole
discretion, to
terminate your
access to
the RFCI
Site at
any time,
immediately and
without notice.
If you
have any
objections to
these Terms
and Conditions,
your sole
and exclusive
remedy is
to cease
using the
RFCI Site.
In the
event that
your access
terminates as
provided herein
or you
cease using
the RFCI
Site as
provided herein,
you shall
promptly remove
any and
all links
to the
RFCI Site.
12.3
Survival
In
the event
that your
access terminates
as provided
herein or
you cease
using the
RFCI Site,
these Terms
and Conditions
shall survive.
12.4
Notice and
Contact Information
12.4.1 We may
give notice
to our
users by
means of
a general
notice on
the RFCI
Site.
12.4.2 If you
have any
questions
regarding
these Terms
and Conditions
or the
RFCI Site,
please
contact
us at:
Website
Coordinator
Resilient Floor Covering Institute
115 Broad Street, Suite 201
LaGrange, Georgia 30240
706-882-3833
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