Last Modified: November 21, 2023

Acceptance

The following terms and conditions, together with any documents expressly incorporated by reference (collectively, “Terms of Use”), govern your access to and use of the American Road & Transportation Builders Association (ARTBA)’s www.artba.org (“Website”), including any content, functionality, software, services, tools, features, and databases offered on or through the Website, whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use this Website. By using this Website, you agree to be bound and abide by these Terms of Use and related provisions. If you do not agree to these Terms of Use, you should discontinue accessing or using this Website immediately. Continued use of this Website indicates acceptance of these Terms of Use.

Changes to the Terms of Use

ARTBA may revise and update these Terms of Use at our sole discretion. All changes are effective immediately once posted and apply to all access and use of the Website thereafter. Any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice of or prior to the date the change is posted on the Website. Your continued use of this Website indicates your acceptance and agreement to these changes. It is your responsibility to review the Terms of Use prior to each use of the Website so you are aware of any changes.

Accessing the Website; Account Security

ARTBA reserves the right to withdraw or amend this Website, and any service or material provided on the Website at its discretion and without prior notice. ARTBA will not be liable if any part of the Website is unavailable at any time, for any period. ARTBA may restrict access to some parts of the Website, or the entire website, to users, including registered users. To access the Website or some of its resources, you may be asked to provide registration details or other information. By using the website and supplying these details, you agree that the information you provide is correct, current, and complete. You agree that all information supplied abides by these Terms of Use and consent to all actions ARTBA takes with respect to your information consistent with our privacy policies. If you choose or are provided with any piece of information (e.g a username and/or password) as part of our security procedures, you must treat such information as confidential, and may not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree to take precautions to prevent access by any other person using your security information. You agree to notify ARTBA immediately of any such breach of security. ARTBA has the right to disable any identifier, whether chosen by you or provided by ARTBA, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Privacy

For each visitor to this Website, the user’s IP address and certain information about the user’s equipment (e.g., type of browser, screen resolution, support for Java) are automatically collected. ARTBA will never automatically record other user-specific, personal information. Such personal information (e.g., email address, telephone number, photographic image) is recorded only when volunteered by the user (e.g., when a user registers for a meeting, completes a purchase, responds to a survey, or modifies a user profile). Highly sensitive personal information such as financial account information or biometric information that you supply in relation to a transaction is never recorded by or stored in ARTBA’s IT systems. ARTBA may use technologies including but not limited to cookies, web beacons, browser cache technologies, locally stored objects, statistical identifiers, clear gifs, embedded scripts and similar means. ARTBA’s primary objective in collecting user information is to provide superior services and benefits to website users and members. In furtherance of that objective, ARTBA may use information you supply to provide you with member services, products, resources, events, surveys, awards, support, and benefits, and information. ARTBA may also provide advertisements that are more likely to be of interest to you; measure and improve its services and operations (including IT systems); protect its legal rights, contractual rights, and the safety, privacy, and security of other users and the public; send advocacy communications and voter information; and to comply with laws and requests from public and government authorities. Collected user-specific information is normally incorporated into ARTBA’s general database of members and other contacts. ARTBA does not sell user-specific data to third parties solely for commercial gain. ARTBA shares information about members and other contacts who register for events, including in the form of attendee rosters. Some of these rosters may be sent to companies with which we have an established business relationship, such as an event sponsor or “affinity partner”. They may market to event attendees about products and services offered. Occasionally, user information is automatically shared with third parties by virtue of ARTBA’s use of third party-provided technology, such as meeting registration software. ARTBA makes efforts to prevent unaffiliated third parties from using your information for unauthorized purposes but cannot control, and is not responsible for, the privacy practices or other conduct of such parties.

Access to Personal Information

Users can access and revise their member profile via connect.artba.org. Additional information may be attainable from ARTBA by contacting info@artba.org.

Opportunity to Opt-Out

Because collected information volunteered by the user is automatically stored in ARTBA’s member and contacts database along with information collected by means other than this site, it is not possible to specifically opt out from the use of collected information. However, users may specifically opt out of email communications by clicking the “unsubscribe” option on emails received by ARTBA. In addition to this, users can decline the use of non-essential cookies and/or ARTBA’s privacy policy during their browsing session.

Security

This site and the servers that store collected information have industry–standard security measures in place to protect against the loss, misuse, and alteration of the information under ARTBA’s control. ARTBA cannot, however, guarantee 100 percent security. Authentic website pages requesting credit card information are secure web pages, and sensitive data will be encrypted for transmission. Absent user consent, ARTBA does not knowingly share credit card numbers with third parties except to the extent necessary for, and incidental to, the purposes for which the user supplied the information.

International Users

ARTBA’s OPERATIONS ARE CONDUCTED WITHIN THE UNITED STATES. SERVICES ARE INTENDED FOR USE BY RESIDENTS OF, OR VISITORS IN, THE UNITED STATES ONLY.  ARTBA’S SERVICES ARE NOT INTENDED FOR USE OUTSIDE OF THE UNITED STATES.

If you access our website from outside of the United States, a personal information you provide may be processed and maintained within the United States on servers and/or other network systems operated by ARTBA or for our benefit.  Your use of our website constitutes your affirmative consent to have your personal information transferred, processed and stored in the United States, and to allow ARTBA to use and collect your personal information in accordance with this Privacy Policy.

IF THE JURISDICTION IN WHICH YOU ARE LOCATED HAS LAWS OR REGULATIONS WHICH REQUIRE THAT YOUR PERSONAL INFORMATION BE OTHERWISE HANDLED IN A MANNER DIFFERENT THAN AS STATED IN THIS PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO UTILIZE OUR WEBSITE OR ANY SERVICES WE MAY PROVIDE. ARTBA IS NOT LIABLE FOR ANY VIOLATIONS TO THE RULES, LAWS, AND REGULATIONS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.  IF YOU ACCESS OUR SERVICES FROM AND/OR RESIDE OUTSIDE OF THE UNITED STATES, YOUR INFORMATION MAY BE STORED, TRANSMITTED AND SHARED IN ACCORDANCE WITH U.S. PRIVACY AND DATA PROTECTION LAWS, WHICH MAY NOT BE EQUIVALENT TO THOSE IN EFFECT IN YOUR COUNTRY. YOU EXPRESSLY AGREE THAT YOU WILL NOT USE OUR WEBSITE OR ANY OF OUR SERVICES WITH ANY EXPECTATION OF GREATER PRIVACY RIGHTS THAN THOSE TO WHICH YOU HAVE EXPRESSLY AGREED AS STATED IN THIS PRIVACY POLICY.

Intellectual Property Rights

The Website and its entire contents, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof, are owned by ARTBA, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The ARTBA name, ARTBA logo, and all related names, logos, product and service names, designs and slogans are trademarks of ARTBA or its affiliates or licensors. You must not use such marks found on the Website without ARTBA’s written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. Unless otherwise agreed to in writing by ARTBA, these Terms of Use permit you to use the Website for your personal, non-commercial use only, except for promotion of your membership on your company or association webpage, and the resharing of any stories, articles, or other content with proper attribution to ARTBA. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution except where such use is for informational purposes and with proper attribution to ARTBA.
  • If ARTBA provides desktop, mobile or other applications for download, you may download a copy to your device for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If ARTBA provides social media features with certain content, you make take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text unless express written permissions is granted to do so by ARTBA.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you otherwise use or provide any other person with access to any part of, the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by ARTBA. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). You further agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. You agree not to use the Website in any manner that would cause harm to ARTBA or its employees or violate the above copyright, trademark or other law regarding intellectual property.

Your Claims of Infringement

If you believe that any Website content, violate your copyright, trademark, or other property rights, promptly contact ARTBA’s General Counsel Rich Juliano (rjuliano@artba.org) and provide the following information:

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where on the Website the material that you claim is infringing is located;
  • a statement by you that you have a good-faith belief that the disputed use is not authorized by the owner of the copyright or other intellectual property, the owner’s agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and
  • your physical address, telephone number, and email address.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. ARTBA does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. ARTBA disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content authored by third parties. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content authored by ARTBA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ARTBA. ARTBA is not responsible, or liable to you or any third party, for any materials provided by any third party.

Online Purchases

Purchases formed through our site or other transactions for the sale of goods or services formed through the Website or because of your Website visits may be governed by additional terms and conditions that are hereby incorporated into these Terms of Use.  This includes, without limitation, event registration cancellation policies.

Additional Terms and Conditions

If required to agree to any other terms or conditions via an ARTBA web application, event page, or any other methods those terms are expressly incorporated here.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent. You may use social media sharing features as they are provided by ARTBA and otherwise in accordance with any additional terms and conditions ARTBA provides with respect to such features. Except as subject to the foregoing or as expressly provided for in writing to you by ARTBA, you must not cause the Website or portions of it to be displayed, or appear to be displayed by (for example, framing, deep linking or in-line linking) on any other site. ARTBA reserves the right to withdraw linking permission without notice. ARTBA may disable all or any social media features and any links at any time, with or without notice, at its discretion.

Links from the ARTBA Website

Links from the ARTBA Website to outside resources provided by third parties are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. ARTBA has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party website or resources linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or resources.

Geographic Restrictions

The owner of the Website is based in the District of Columbia in the United States. ARTBA provides this Website for use by persons located in the United States. ARTBA make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws.

Disclaimer of Warranties

You understand that ARTBA cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

ARTBA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ARTBA NOR ANY PERSON ASSOCIATED WITH ARTBA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ARTBA NOR ANYONE ASSOCIATED WITH ARTBA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ARTBA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL ARTBA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless ARTBA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Dispute Resolution

You and ARTBA agree that, if any dispute between you and ARTBA arises out of or relating to the Website or to these Terms of Use, you and ARTBA will first endeavor to settle the dispute through direct discussions.  To initiate such discussions, contact Rich Juliano, General Counsel, at rjuliano@artba.org.  If any matter remains unresolved more than 45 days after either party requests such discussions, either party may then endeavor to settle such dispute through mediation in accordance with the Commercial Mediation Rules of the American Arbitration Association.  A request for mediation will be filed in writing with the other party and the American Arbitration Association.  Unless mutually agreed otherwise, the mediation will be held at the offices of ARTBA.  If requested in accordance with this provision, mediation will be a condition precedent to litigation.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims) shall be governed by and construed in accordance with the substantive laws of the District of Columbia, excluding its conflicts-of-law rules. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the District of Columbia, although ARTBA retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by ARTBA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ARTBA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and incorporated policies and terms constitute the sole and entire agreement between you and ARTBA with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Questions and Comments

All feedback, comments, requests for technical support and other communications relating to the Website other than claims of infringement (addressed above) should be directed to: info@artba.org. User Content This Website and ARTBA print materials may contain user contributed or generated content.

All User Content must comply with the Standards set out in these Terms of Use.

Any User Content you submit to ARTBA will be considered non-confidential and non-proprietary.  By providing any User Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, worldwide, royalty-free, sublicensable, perpetual license to reproduce, distribute, transmit, modify, create derivative works of, create collective works containing, disclose, display, and perform any User Content by all means and in any media now known or hereafter developed for any use or purpose. You represent and warrant that:

  • You own or control all rights in and to the User Content and have the right to grant the license granted above.
  • All of your User Content complies with these Terms of Use.
  • You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
  • ARTBA is not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website.

We have the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • Take any action with respect to any User Content that ARTBA deems necessary or appropriate in its sole discretion, including if ARTBA believes that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for ARTBA.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

ARTBA has the right to cooperate with law enforcement authorities or court orders requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ARTBA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

Basic Content Standards

User Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, discriminatory, violent or otherwise objectionable.
  • Infringe any intellectual property or other rights of any other person or entity.
  • Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
  • Be deceptive or promote illegal activity.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by ARTBA or any other person or entity if this is not the case.
  • Contain information your company or any other company, or any other information that could be deemed anticompetitive in nature.
  • Contain any other similar software or programs that may damage the operation of another’s computer, network, or the Website.