Terms & Conditions

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.

Trademarks

  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.
  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.
  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.

Copyrighted Information

  1. The pages on the RFCI Site may contain proprietary notices or copyright information, the terms of which must be observed and followed.
  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.”
  3. Title to copyright in the Content remains with the Copyright Holder at all times.

Your Use of Copyrighted Content

  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.
  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:
    2.1 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,
    2.2 Use or reproduction of Technical Information is for internal, educational or informational use only, and
    2.3 Technical Information is not modified, edited or revised in any way.
  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
  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.
  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.

Linking Usage

  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.
  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).
  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. 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.

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.

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.”
  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.

  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.

  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.

  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.

Third Party Information and Sites

  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.

  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.

  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.

  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.

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.

Notice and Procedures for Making Claims of Copyright Infringement

  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.
  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.wpengine.com
  3. To be effective, the notification must be a written communication that includes the following:
    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;
    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;
    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;
    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;
    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
    3.5 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.
  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.

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.

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.

Miscellaneous

  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.

  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.

  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.

  4. Notice and Contact Information

    4.1 We may give notice to our users by means of a general notice on the RFCI Site.
    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