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Website Terms and Conditions of Use
This Website Terms and Conditions of Use Agreement (“Agreement”) is made by and between Arcosa (“Company,” “us,” or “we”) and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your access and use of this website and any website that includes, displays, attaches, links to, or references this Agreement (each website collectively and individually referred to herein as the “Site”).
BY ACCESSING, VISITING, BROWSING, USING, DOWNLOADING FROM OR ATTEMPTING TO INTERACT WITH THE SITE OR ANY PART OF THE SITE, YOU AGREE, ON YOUR OWN BEHALF PERSONALLY, AND ON BEHALF OF ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT (SUCH ENTITY ALSO BEING INCLUDED IN THE TERMS “YOU,” “YOUR,” OR “USER” REFERRED TO ABOVE), THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SITE.
COMPANY RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN COMPANY’S SOLE DISCRETION. CONTINUED ACCESSING, VISITING, BROWSING, USING, DOWNLOADING FROM, OR ATTEMPTING TO INTERACT WITH THE SITE OR ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON https://arcosa.com/terms-of-use/, WHICH IS TYPICALLY LOCATED AT THE BOTTOM AND WITHIN VARIOUS PAGES ON THE SITE INCLUDING WITHOUT LIMITATION ITS MAIN LANDING PAGE.
IMPORTANT NOTICE: SECTION 15 OF THIS AGREEMENT CONTAINS A BINDING DISPUTE RESOLUTION THROUGH ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER AS WELL AS A WAIVER OF TRIAL BY JURY THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 15 CAREFULLY AS YOU ARE BOUND BY ITS TERMS WHEN YOU AGREE TO THIS AGREEMENT.
1. PERSONAL INFORMATION OF CHILDREN
THIS SITE IS INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. WE HAVE NO INTENT TO COLLECT INFORMATION FROM CHILDREN UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT ACCESS OR USE THIS SITE WITHOUT THE CONSENT OF YOUR PARENT OR GUARDIAN.
2. ADDITIONAL TERMS
Some areas of the Site may have additional terms and conditions (“Additional Terms”). Where Additional Terms apply, we will make them available for your review. By accessing, visiting, browsing, using, downloading from, or attempting to interact with those areas of the Site subject to Additional Terms, you agree to those Additional Terms. If you disagree with this Agreement, those Additional Terms, or are dissatisfied in any way with this Site, your sole and exclusive remedy is to discontinue accessing, visiting, browsing, using, downloading from, and otherwise interacting with this Site.
Our Site offers certain functionality that includes Google Maps features and content. Your use of Google Maps features and content is additionally subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.
3. PROVISION OF INFORMATION
The purpose of this Site is to provide information regarding Company and its products and services. Nothing on the Site, including without limitation any Content, represents an offer or solicitation with respect to the purchase or sale of any security. It is a condition of your use of this Site that all the information you provide on this Site, if any, will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time. All personal information collected via this Site shall be used and stored in a manner consistent with our Privacy Policy located at https://www.arcosa.com/privacy-policy/ and by agreeing to this agreement you agree and consent to the privacy practices stated in that Privacy Policy, and to the maximum extent allowed by applicable law, you agree that any Dispute relating to the Privacy Policy, Company privacy practices, or any data collection, use, or sharing relating to this Site shall be governed by the terms of this Agreement including without limitation Section 15.
4. RESTRICTIONS ON USE
You may use this Site for purposes expressly permitted by this Site. As a condition of your use of the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. For example and without limitation, you may not (and may not authorize any party to) (i) co-brand this Site, or (ii) frame this Site, without the express prior written permission of an authorized representative of Company. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or its Content. You agree to cooperate with Company in causing any unauthorized co-branding or framing immediately to cease.
In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided to you, including without limitation exceed the limitations of access granted to you, through the Site. You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of this Site without our express permission. You may not attempt to probe, scan or test the vulnerability of the Site or any system to which it is connected or attempt to breach any security measures. Your use of the Site must be in compliance with all applicable laws and rights of third parties, including without limitation all third party intellectual property rights.
5. PROPRIETARY INFORMATION
The material and content accessible from this Site, including without limitation all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, as well as documents and information downloadable from the Site (the “Content”) is the proprietary information of Company or the party that provided or licensed the Content to Company, whereby Company and its licensors retain all right, title, and interest in the Content. Neither title nor intellectual property rights in and to the Site or the Content are transferred to you by access to this Site. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, reverse engineer, decompile, disassemble, translate, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to the Site. Modification or use of the Site or its Content except as expressly provided in this Agreement violates Company’s intellectual property rights and/or the intellectual property rights of others.
6. HYPER-LINKS
This Site may be hyper-linked to other websites which are not maintained by Company. Hyper-links are provided as a service to users and are not necessarily sponsored by or affiliated with this Site or Company. Company has not reviewed any or all of such websites and is not responsible for the content behind those hyper-links. Company is not responsible for webcasting, streaming, downloads, or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at the user’s own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this Site. Company provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by Company of that website, its owner, or its content or association between Company and that website, its owner, or its content. You acknowledge and agree that the websites hyper-linked to this Site or that are otherwise displayed in relation to this Site may have and be governed by different privacy policies and terms and conditions of use than this Site.
7. FEEDBACK
You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, copy or otherwise reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all feedback, suggestions, ideas, or other improvements to, or reviews of, the Site or the Content, or the products or services sold or otherwise provided by Company, that you communicate to Company (together, “Feedback”), and to incorporate any Feedback, in whole or in part or modified as Company sees fit, in this Site or other works, into products, or into services in any form, media, or technology now known or later developed. You hereby waive in perpetuity all so-called “moral rights,” rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Feedback. You further agree that Company may use your name, likeness, pseudonym, avatar, or other information related to your identity and provided to Company in conjunction with and in relation to your Feedback and you waive any right of publicity or privacy related thereto. You represent and warrant that you have all the rights and permissions necessary to grant the above license, including without limitation any necessary licenses, waivers, or assignments of copyrights, patents, trademarks, trade secrets, or other intellectual property rights, publicity rights, and privacy rights, and that your Feedback conforms to all of the terms and conditions of this Agreement.
Company will not be required to treat any Feedback as confidential and may use any Feedback to the full extent of its license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company products, services, or other business operations.
8. ACCURACY OF INFORMATION
The Content is not necessarily complete, accurate, and up-to-date and should not be used to replace any written reports, statements, product or service-related materials, or notices provided by Company. Company may update this Site on a regular basis but assumes no obligation to update any of the Content.
9. DISCLAIMER OF WARRANTY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW: YOUR ACCESSING, VISITING, BROWSING, USING, DOWNLOADING FROM OR ATTEMPTING TO INTERACT WITH THE SITE OR ANY PART OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT (COLLECTIVELY “WEBSITE RELATED SERVICES”) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT REGARDING OR RELATING IN ANY WAY TO THE WEBSITE RELATED SERVICES. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WEBSITE RELATED SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE WEBSITE RELATED SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITE RELATED SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR ACCESSING, VISITING, BROWSING, USING, DOWNLOADING FROM OR ATTEMPTING TO INTERACT WITH THE WEBSITE RELATED SERVICES. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE RELATED SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH WEBSITE RELATED SERVICES. SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING WITHOUT LIMITATION OF IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY APPLICABLE LAW.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW: COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, AND CONTENT PROVIDERS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OWNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, DIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSS OF REVENUE OR INCOME, COST OF COVER, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER DAMAGES OF ANY TYPE, REGARDING OR RELATING IN ANY WAY TO THE WEBSITE RELATED SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
SOME JURISDICTIONS INCLUDING (AS TO CONSUMERS) NEW JERSEY MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES TO PERSONAL OR PROPERTY DAMAGE, OR DAMAGES CAUSED BY THE NEGLIGENT OR WILLFUL ACTIONS OF COMPANY. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATIONS AND EXCLUSIONS ARE NOT ALLOWED BY APPLICABLE LAW. IN ALL CASES, THE EXCLUSIONS APPLICABLE TO YOU SHALL BE THE MAXIMUM SCOPE OF EXCLUSIONS ALLOWED BY APPLICABLE LAW AND THE LIMITATIONS THAT APPLY TO YOU SHALL BE THE MINIMUM AMOUNT ALLOWED BY APPLICABLE LAW.
YOU AGREE THAT, UNLESS SUCH A LIMIT IS PROHIBITED BY APPLICABLE LAW (INCLUDING, AS TO CONSUMERS, NEW JERSEY), YOU CANNOT INITIATE AN ACTION OR FILE A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE WEBSITE RELATED SERVICES MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
11. TERMINATION OR RESTRICTION OF ACCESS
Company reserves the right, in its sole discretion, to (i) terminate your access to the Site and the related services or any portion thereof at any time, without notice; and (ii) withdraw, suspend, or discontinue any functionality or feature of the Site.
12. INDEMNITY
To the fullest extent allowed by applicable law: You will defend, indemnify, and hold Company, its subsidiaries, affiliates, licensors, licensees, service providers, and content providers, and their respective employees, agents, owners, members, shareholders, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against any and all loss, injury, death, damage, liability, deficiency, judgment, settlement, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (collectively, “Losses”) arising out of or related to any allegation, claim, action, demand, suit, or proceeding of any kind (whether before a court, arbitrator, or otherwise) relating to or arising out of: (i) breach of this Agreement by you, including without limitation any use of the Site or Content or other Website Related Services other than as expressly authorized in this Agreement; (ii) your use of the Site or its Content, or other Website Related Services, such indemnification including without limitation all resulting Losses; (iii) your violation of any law; or (iv) any Feedback or Content provided by you. The obligations under this Section 12 shall not apply to the extent Losses are due to the negligent, grossly negligent, or willful misconduct of Company.
13. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of Company or the party that provided the trademarks, services marks, logos, and copyrighted works to Company. Company and any party that provided trademarks, service marks, logos, and copyrighted works to Company retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Site.
14. SECURITY
You are prohibited from any attempt to compromise security or tamper with system resources associated with this Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to law enforcement and system administrators at other websites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of this Agreement.
Without limiting Company’s right to use data related to you as set forth in its Privacy Policy, Company may use and disclose information related to you in special instances when we have reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other Site visitors, or anyone else. Company may disclose your information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, to exercise, establish, or defend Company’s legal rights, to protect your interests or those of any other third party, or when Company otherwise believes in good faith that any applicable law requires it.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING ITS INVESTIGATIONS OR THE INVESTIGATIONS OF ANY LAW ENFORCEMENT AUTHORITIES AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. Company does not assume any responsibility or risk for your use of the Internet.
You recognize and agree that when submitting your personally identifiable information to Company, while Company may have safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, COMPANY SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS. COMPANY DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY USER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.
15. CHOICE OF LAW; MANDATORY ARBITRATION AND CLASS WAIVER; WAIVER OF TRIAL BY JURY
The laws of the State of Texas shall apply to this Agreement and the Website Related Services, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to this Agreement.
For all Disputes (as defined below), whether pursued in court or arbitration, you must first give Company an opportunity to resolve the Dispute. You must commence this process by e-mailing written notification to Company at ConsumerAccessRequest@arcosa.com. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If you and Company do not resolve the Dispute within forty-five (45) calendar days after Company receives your written notification, you may pursue your Dispute in arbitration as set forth below.
Any controversy or claim arising out of or relating to this Agreement or THE WEBSITE RELATED SERVICES, INCLUDING WITHOUT LIMITATION your use of the Site including without limitation the Content (a “Dispute”) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Dallas, Texas. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. YOU WAIVE ANY RIGHT TO BRING A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION, OR USE JOINDER TO SUE WITH OTHER PARTIES. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the STATE OF Texas. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to Company, Company may seek injunctive or other relief, including without limitation a suit for money damages, in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Company’s or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of Texas with respect to any such injunctive or other relief. You further acknowledge that Company’s rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
16. MISCELLANEOUS
Company may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this Agreement shall inure and be binding upon any party’s permitted successors and assigns.
The Company’s subsidiaries and affiliates are third party beneficiaries of this Agreement and have the right to enforce the terms of this Agreement against you as a third-party beneficiary thereof.
If any part of this Agreement is unlawful, void, or unenforceable, that part shall be modified by the arbitrator or, where an action in court is allowed as stated in this Agreement, court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and if not so modifiable, that part will be deemed severable, and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your accessing, visiting, browsing, using, or otherwise interacting with the Site or the other Website Related Services.
This Agreement constitutes the entire agreement among the parties relating to the subject matter of this Agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and Company with respect to the Website Related Services. Notwithstanding the foregoing, any Additional Terms on this Site will additionally govern the items to which they pertain.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
The failure by Company at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy, or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Last Modified: August 1, 2024