The Site is made available by RFCI, and this TOU provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable 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.
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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.
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.
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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.
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 any time 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.
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.
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.
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.
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