Asphalt & Iron

Terms of Use

These terms and conditions of use (“Terms of Use”) govern your use of the Asphalt & Iron, LLC. (“Asphalt & Iron” or “A&I” or “ANI”) website (the “Site”) and mobile app (“App”). Compliance with these Terms of Use is a condition to your use of the Site/app. If you do not agree to be bound by the Terms of Use, promptly exit this Site/app.

These Terms of Use provide that all disputes between you and Asphalt & Iron will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Asphalt & Iron.

OWNERSHIP OF THE SITE/APP AND CONTENT

All pages within this Site/app and any material made available for download, unless otherwise noted, are the property of Asphalt & Iron, its affiliates, its licensors, or other providers of such material. The Site/app and the Content of the Site/app are protected by United States and international copyright and trademark laws. Except as described in these Terms of Use, the content of the Site/app, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site/app (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by Asphalt & Iron in writing, including for the provision of services or products to Asphalt & Iron or any of its affiliates, or in connection with a business relationship with Asphalt & Iron or any of its affiliates. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Asphalt & Iron or one of its affiliates without our express written consent. You may view, copy, print and use Content contained on this Site/app solely for your own personal use and provided that: (1) the Content available from this Site/app is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site/app is modified in any way; and (3) no graphics available from this Site/app are used, copied or distributed separate from accompanying text or separate from any copyright, trademark or other proprietary notice.

If you print, copy, modify, download, or otherwise breach these Terms of Use, your right to use the Site/app will cease immediately and you must, at our option, return or destroy any copies of the Content that you have made.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Asphalt & Iron or any of its affiliates or any third party, except as expressly provided herein. No right, title, or interest in the Site/app or any Content is transferred to you, and all rights not expressly granted are reserved by Asphalt & Iron, Inc. Any use of the Site/app not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

The Asphalt & Iron name, the A&I logo, and all related logo names, logos, product and service names, designs, and slogans are trademarks of Asphalt & Iron, LLC. or its approved affiliates or licensors.

SITE AND APP SECURITY

You are prohibited from violating or attempting to violate the security of the Site/app, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site/app, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Asphalt & Iron will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site/app or any activity being conducted on this Site/app. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site/app other than the search engine and search agents available from Asphalt & Iron on this Site/app and other than generally available third party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).

Access to this Site/app is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this Site/app constitutes consent to such monitoring. This Site/app may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. Asphalt & Iron cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

ACCESS TO SITE/APP

To access the Site/app or some of the resources it offers (including resources that allow you to post, view, or comment on content on the Site/app), you may be asked to provide certain registration details or other information. It is a condition of your use of the Site/app that all the information you provide on the Site/app is correct, current and complete. You agree that all information you provide to register with this Site/app or otherwise, including but not limited to through the use of any interactive features on the Site/app, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. A&I reserves the right to refuse your access to the Community and/or suspend your account for any reason in its sole discretion, including without limitation if it believes you have submitted fraudulent registration information.

Certain limited access portions of the Site/app require a user ID and password (“Protected Areas”). You agree to access Protected Areas using only your user ID and password as provided to you by Asphalt & Iron. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Site/app may be revoked by Asphalt & Iron at any time with or without cause. You are fully responsible for all activities that occur under your user ID. You agree to notify A&I immediately of any unauthorized use of your username, screen name, and/or password(s). Each user is allowed to create one user profile. Automated account creation, participation, and content scraping is strictly prohibited.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Asphalt & Iron and its affiliates, and their respective officers, representatives, directors, employees, consultants or agents from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation reasonable attorneys fees) arising from or related to your use of any Content downloaded or otherwise obtained from the Site/app, or your breach of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of Asphalt & Iron or any other person or entity.

LINKS TO OTHER SITES AND APPS

This web Site/app may contain links to, or be accessed through links on, other web sites and apps, including sites/apps of Asphalt & Iron affiliates/sponsors/preferred stops. All links on the Site/app are provided for your convenience only. We have no control over the contents of those sites/apps or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of these third-party sites and apps.

Asphalt & Iron affiliates/sponsors/preferred stops are independent contractors and are not agents of Asphalt & Iron. Asphalt & Iron does not have responsibility for the content, availability, operation or performance of web sites of Asphalt & Iron affiliates/sponsors/preferred stops or any other sites and apps, to which this web site/app may be linked or from which this web site/app may be accessed. When you access a non-Asphalt & Iron site/app, please understand that it is independent from Asphalt & Iron, and that Asphalt & Iron has no control over the content on that website. In addition, a link to a non-Asphalt & Iron website/app does not mean that Asphalt & Iron endorses or accepts any responsibility for the content, or the use, of the linked site/app. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites/apps linked to this site, including any sites operated by Asphalt & Iron dealers, you do this entirely at your own risk and subject to the terms and conditions of use for such websites/apps.

THIRD PARTY COPYRIGHTS AND TRADEMARKS

The Site/app may include references to third-party trademarks, and copies of third-party copyrighted materials, which are the property of their respective owners. Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Asphalt & Iron.

SUBMISSIONS, REVIEWS, FEEDBACK AND OTHER POSTINGS TO THE SITE/APP

If you submit, upload, post or transmit any feedback or data, such as ideas, concepts, know-how, techniques, processes, comments, suggestions or questions regarding any Asphalt & Iron product, service or the Content of this Site/app (“Feedback”), such information shall be deemed to be non-confidential, and Asphalt & Iron and its affiliates shall have no obligation of any kind with respect to such information.

The Site/app may contain features that allow you to submit, upload, post or transmit any information or files to our Site/app, including, without limitations, content you submit when you use the “Classifieds” area of the Site/app (“Submissions”). Submissions may include photos, videos, software, comments, or other messages. All Submissions must comply with these Terms of Use and our Submission Standards described below. All Submissions will be considered non-confidential and non-proprietary. By submitting, uploading, posting or transmitting Submissions or Feedback you are granting Asphalt & Iron and its affiliates the irrevocable, perpetual, fully paid up, royalty-free license and right to use, reproduce, disclose and distribute Submissions and Feedback for any purpose whatsoever, including without limitation developing, marketing and manufacturing products, services and Content incorporating such Submissions and Feedback. You grant Asphalt & Iron and its affiliates the right to use the name and likeness that you submit in connection with any Submissions or Feedback. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.

You represent and warrant that: (a) you own or control all rights in and to the Feedback and Submissions and have the right to grant the license below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of your Submissions and Feedback will comply with these Terms of Use. You understand and acknowledge that you are responsible for any Submissions that you submit or contribute, and you, not Asphalt & Iron, have full responsibility for such content, including the legality, reliability, accuracy, and appropriateness. Asphalt & Iron and its affiliates take no responsibility and assume no liability for any Submissions or Feedback submitted by you or any third party.

Submissions and Feedback must in their entirety comply with all applicable federal, state, local, and international regulations. Without limiting the foregoing, your Submissions and Feedback must not (collectively with applicable laws, all of the below restrictions on the use of the Site/app and the Submissions you provide, the “Submission Standards”):

  • contain anything that is defamatory, abusive, libelous, violent, hateful, inflammatory, indecent, vulgar, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or otherwise objectionable, or that could encourage criminal or unethical behavior;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, gender, class, religion, ethnicity, nationality, disability, sexual orientation, age, or other classification;
  • promote dangerous riding or dangerous use or misuse of A&I resources;
  • infringe any patent, trademark, trade secret, copyright, or intellectual property or other rights of any person or entity (including any confidential, non-public information about A&I and A&I resources);
  • contain a virus or any other harmful component;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations tor that otherwise may be in conflict with these Terms of Use;
  • be likely to deceive any person;
  • intended to cause annoyance, inconvenience, or needless anxiety, or that is likely to upset, embarrass, alarm, or annoy any other person;
  • promote any illegal activity, or advocate, promote, or assist in any unlawful act;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organization (including Asphalt & Iron);
  • involve commercial activities or sales, such as contests, sweepstakes, and other sales or promotions, barter, or advertising, unless to otherwise specifically permitted by A&I in writing or you may sell your own, personal appropriate items on areas of the Site/app specifically designed for such; or
  • give the impression that they emanate from or are endorsed by use or any other person or entity, if that is not the case.

By using our Site/app or by submitting Feedback Submissions, you agree not to:

  • contact other Site/app users through unsolicited e-mail, telephone calls, mailings or any other method of communication;
  • engage in personal attacks or any other type of “flaming” of other users;
  • post topics or opinions that are designed to provoke a negative response from one or more specific users (i.e., “trolling”);
  • engage in disruptive activity of any kind, including Submissions or Feedback containing persistent off topic content or comments, or other statements designed to incite others to violate these Terms of Use;
  • include any link or mention of a third-party website/app that violates any of these Submission Standards; or
  • use any abbreviations, self-censoring, symbols, or take other efforts to circumvent any censoring features of A&I’s monitoring program.

You agree to defend, indemnify and hold harmless Asphalt & Iron and its affiliates, and their respective officers, directors, employees, consultants and agents harmless from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to any Submissions you post or allow to be posted to the Site/app.

A&I will not tolerate language intended to intimidate or incite violence. We have the right to: (1) remove or refuse to post any Submissions for any or no reason in our sole discretion; (2) Take any action with respect to any Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such Submissions violates these Terms of Use, including the restrictions on Submissions described above, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site/app or the public or could create liability for Asphalt & Iron or any of its affiliates; (3) 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; (4) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site/app; or (5) terminate or suspend your access to all or part of the Site/app for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site/app. YOU WAIVE AND HOLD HARMLESS ASPHALT & IRON 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 EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Asphalt & Iron and its affiliates reserve the right (but not the obligation) to monitor and edit or remove any Submissions or Feedback submitted to the Site/app. However, we do not regularly review Submissions or Feedback before it is posted on the Site/app, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website/app infringes your copyright, you may request removal of those materials (or access to them) from the Website/app by submitting written notification to Asphalt & Iron LLC. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website/app, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • Include both of the following statements in the body of the DMCA Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Websites/app is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate access users who are repeat infringers, including any accounts/registrations they may require to access the Site/app.

ACCURACY AND INTEGRITY OF INFORMATION; COLORS

Although Asphalt & Iron attempts to ensure the integrity and accurateness of the Site/app, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site/app and Content thereon. It is possible that the Site/app could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site/app by third parties. In the event that an inaccuracy arises, please inform Asphalt & Iron so that it can be corrected. Information contained on the Site/app may be changed or updated without notice. Additionally, Asphalt & Iron and its affiliates shall have no responsibility or liability for information or Content posted to the Site/app from any non-Asphalt & Iron affiliated third party. We have made significant efforts to accurately display the colors of our products that appear on the Site/app. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. This Site/app may be accessed by users internationally and may contain references or cross references to Asphalt & Iron products, programs and services that are not available or are prohibited in your country. Such references do not imply that Asphalt & Iron intends to make available in your country such products, programs or services or that such products may lawfully be used in your country. Asphalt & Iron reserves the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations. The vehicles, parts and accessories and other items pictured on this site/app and those built to the specifications listed herein are for sale in the U.S. only.

Vehicle and accessory specifications may vary from country to country depending on local laws, and some models and accessories are not available in certain countries. Please note that many countries prohibit the importation, registration and/or use of vehicles and accessories not built to their country’s specifications. You must check with your local authorized Asphalt & Iron dealer for details on the application of any parts, accessories or models listed or displayed in this web site/app.

TYPOGRAPHICAL ERRORS AND INCORRECT PRICING

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

ORDER ACCEPTANCE

Please note that certain orders constitute improper use of Asphalt & Iron and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for with a Asphalt & Iron™ Gift Card which are charged at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

ONLINE PAYMENTS

You can purchase products and/or services on the Site/app. We accept the following credit cards issued by U.S. banks: MasterCard®, Visa®, Discover®, and the Asphalt & Iron® Visa® Card, issued by U.S. Bank National Association ND. If a credit card account is being used for a transaction, Asphalt & Iron may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

SALES TAX

If your order includes taxable items, the shipping charge (if any) will only apply to the taxable items and may be subject to tax depending upon the state laws of the ship to location.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you are a copyright owner or an agent thereof and believe that any user submission or other content on the Asphalt & Iron website/app infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). See the Asphalt & Iron, LLC. Policy for User Submitted Content.

DISCLAIMER OF WARRANTIES

Asphalt & Iron disclaims all warranties, express or implied, including without limitation the warranties or merchantability, fitness for a particular purpose, and noninfringement with respect to this site/app and information, graphics and materials contained herein.

Asphalt & Iron does not warrant that access to or use of the site/app will be uninterrupted or error-free or that defects in the site/app will be corrected. This site/app, including any content or information contained within it or any site/app-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Asphalt & Iron specifically disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through the site/app. Asphalt & Iron does not warrant the accuracy, completeness or timeliness of the information obtained through the site/app.

You assume total responsibility and risk for your use of this site/app, site/app-related services, and linked sites/apps. Asphalt & Iron does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. You agree that Asphalt & Iron shall not be liable for any cost or damage arising directly of indirectly from any such code. You assume total responsibility and risk for your use of the site/app and of the internet.

LIMITATION OF LIABILITY REGARDING USE OF SITE/APP

Asphalt & Iron and any third parties mentioned on this site/app are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site/app, site/app-related services, content or information contained within the site/app, and/or any linked site/app, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site/app, site/app-related services, and/or linked sites/apps is to stop using the site and/or those services.

REVISIONS; GENERAL

Asphalt & Iron reserves the right, in its sole discretion, to terminate your access to all or part of this Site/app, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use and the Privacy Policy constitute the entire agreement between Asphalt & Iron and you pertaining to the subject matter hereof. In its sole discretion, Asphalt & Iron may from time-to-time revise these Terms of Use and its Privacy Policy by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use and Privacy Policy, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use and the Privacy Policy may be superseded by expressly designated legal notices or terms located on particular pages within this Site/app.

DISPUTE RESOLUTION; ARBITRATION AGREEMENT

We will work in good faith to resolve any issue you have with the Site/app, including products and services ordered or purchased through the Site/app, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and Asphalt & Iron agree that any dispute, claim or controversy arising out of or relating in any way to your use of the Site/app, including products and services ordered or purchased through the Site/app, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Asphalt & Iron are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Asphalt & Iron.

If you desire to assert a claim against Asphalt & Iron, and you therefore elect to seek arbitration, you must first send to Asphalt & Iron, by certified mail, a written Notice of your claim (“Notice”). The Notice to Asphalt & Iron should be addressed to: General Counsel, Asphalt & Iron, LLC., 2402 Duquesne Ave, Apopka, FL 32712 (“Notice Address”). If Asphalt & Iron desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Asphalt & Iron, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Asphalt & Iron and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Asphalt & Iron may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Asphalt & Iron or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Asphalt & Iron receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $1,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Asphalt & Iron and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $1,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $1,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Asphalt & Iron’s last written settlement offer made before an arbitrator was selected (or if Asphalt & Iron did not make a settlement offer before an arbitrator was selected), then Asphalt & Iron will pay you the amount of the award or US $500, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND ASPHALT & IRON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Asphalt & Iron agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Orange County, Florida.

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