Terms of Service & Privacy Policy

Acceptance of the Terms and Conditions

Notice: Please read these Terms and Conditions carefully before you begin using the Site. By clicking “Login”, “Contact us”, “Apply for Membership” registering for an account on our Registration Page, registering as a member, registering for an event, or otherwise using the functions on Our Website, you agree to accept these Terms and Conditions, along with Our Privacy Policy.  If any of the provisions of these Terms and Conditions conflict with those applicable to the individual product or service, the provisions of the Terms and Conditions applicable to the specific product or service will apply. If you do not want to accept these Terms and Conditions or Our Privacy Policy, do not access or use these Site.

The following Terms and Conditions, together with Our Privacy Policy (collectively, these “Terms and Conditions”), govern Your access to and use of https://www.vtca.org/ (the “Site”) including any content, functionality, goods and services offered on or through the Site, whether as a guest or registered user.

These Terms and Conditions are entered into by and between users of this Website (“You” “Your” “Yourself” or “User”) and the Virginia Transportation Construction Alliance (“VTCA”) (“VTCA”, “We”, or “Us”) and govern Your use of this Site.  The VTCA created and maintains the Site as an online resource and management portal for Alliance members.

Our Privacy Policy describes the information we may collect from you or that you may provide, including when you visit our Site, so please review it for more information concerning these practices.

Eligibility and Use of the Site

The Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions.

By using the Site You represent and warrant that You are of legal age to form a binding contract with the VTCA and meet all the foregoing eligibility requirements. If You do not meet all these requirements, do not access or use the Site.

Our Site is not intended for anyone under 18 years of age. You must be 18 years of age or older to use the Site. If You are under 18, please do not use or provide any information on the Site or on or through any of its features, register on the Site, use any of the interactive or public comment features of this Site or provide any information about Yourself to Us, including Your name, address, telephone number, email address, or any screen name or user name You may use. By using the Site and accepting these Terms and Conditions you warrant and represent that you are at least 18 years of age and that you have the right, authority, and capacity to agree to these Terms and Conditions.

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions at any time at Our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

Termination

VTCA reserves the right, in its sole discretion to terminate Your access to the services or any portion of the Site at any time, and for any reason, or no reason at all, without any prior notice or any notice whatsoever.

Accessing the Site and Account Security

We have the right to withdraw or amend the Site, and any service or material we provide on the Site, in Our sole discretion without notice. We are not liable if, for any reason, all or any part of the Site are unavailable at any time or for any period. We may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for You to have access to the
  • Ensuring that all persons who access the Site through Your Internet connection are aware of these Terms and Conditions and comply with them.

To access the Site or some of the functions it offers, You may be asked to provide certain registration or login details or other information. As a condition of Your use of the Site You warrant, represent, and agree that all the information You provide on the Site is correct, current, and complete. You agree that all information You provide to register/login with this Site or otherwise, including but not limited to, through the use of any interactive features on the Site, or in making any purchase or registering for an event, is governed by Our Privacy Policy and You consent to all actions we take with respect to Your  information consistent with Our Privacy Policy.

If You choose, or are provided with, a user name, password, or any other piece of information as part of Our security procedures, You agree to treat such information as confidential, and You agree not to disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Site or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You logout from Your account and exit from Your browser at the end of each session. You should exercise caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in Our sole discretion for any reason, including if, in Our opinion, You have violated any provision of these Terms and Conditions.

Intellectual Property Rights

The Site and its entire contents, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the VTCA or its content suppliers or its members as applicable and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not use these marks without the prior written consent of the VTCA.  All trademarks, service marks, logos, and trade names on the Site, whether registered or unregistered, are proprietary to the VTCA or to other companies where so indicated. You may not reproduce, download, or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the VTCA or the appropriate owner thereof. The compilation of all content on this site is the exclusive property of the VTCA and is protected by U.S. and international copyright laws.

These Terms and Conditions permit Your use of the Site for Your personal, non-commercial use only. The VTCA may also permit use of the Site for specific business purposes as it sees fit, at its sole discretion. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, 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 one copy of a reasonable number of pages of the Site for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, You may take such actions as are enabled by such features consistent with these Terms and Conditions.

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.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If You wish to make any use of material on the Site other than that set out in this section, please address Your request to: info@vtca.org.

If You otherwise use or provide any other person with access to any part of the Site in breach of these Terms and Conditions, Your right to use the Site will stop 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 Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the VTCA. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate other laws.

Acceptable Use and Prohibited Uses

You may use the Site only for lawful terms and in accordance with these Terms and Conditions.  You agree not to use the Site:

  • 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 U.S. or other countries.
  • To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms and Conditions
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
  • To impersonate or attempt to impersonate the VTCA, a VTCA employee, another user, or any other person or entity including, without limitation, by using email addresses or usernames, or login information associated with any of the foregoing.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the VTCA or users of the Site or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site in any way.

You also agree not to:

  • Use any automatic device or process or means, including the use of robots and spiders to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose, without prior written consent.
  • Use any device, routine, or software that interferes with the proper working of the Site or attack the Site using a denial-of-service or distributed denial-of-service attack.
  • Introduce any harmful or malicious codes or other material, such as viruses, Trojan horses, worms, or logic bombs.
  • Make any attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which it resides, or any computer or database connected to the Site or otherwise attempt to interfere with the proper functioning of the Site.

User Submissions

User Submissions means any and all information, content, material, ideas, suggestions, feedback, blog posts, comments, know-how, concepts, product and/or service reviews a User provides, inputs, submits, or transmits to the VTCA through our Site or through any other means, including through social media services (e.g. Facebook, YouTube, Instagram, Pintrest, Twitter, etc.).  Our Site may also contain links to interactive features such as Our social media pages, (“Interactive Features”).  The social media pages may allow users to post or submit to other users or other individuals content on or through the use of those social media pages. If you choose to connect to Our Site via social media, you give VTCA permission to access, store and use any information you permit the social media service to share in accordance with your privacy settings of the applicable social media service.  Please review our Privacy Policy.

You are solely responsible for Your User Submissions, the consequences of Your User Submissions, and Your reliance on any User Submissions. VTCA is not responsible for the consequences or accuracy of any User Submissions.  You assume all risks and liabilities associated with the use of User Submissions, including any reliance on its accuracy, completeness, or usefulness by VTCA or others or any disclosure of your User Submissions that makes you or any third party personally identifiable.

Additionally, any User Submissions You submit on or through the Site or otherwise (except for personal information as described in the Privacy Policy) will be considered non-confidential and non-proprietary.  By providing such User Submissions on or through the Site, Our social media pages or otherwise, You grant Us, and Our affiliates, and service providers and each of their and Our respective licensees, successors, and assigns, a royalty-free, perpetual, irrevocable, fully paid up, worldwide, non-exclusive license to use, sublicense, reproduce, modify, perform, display, post, distribute, prepare derivative works of, incorporate into other works, and otherwise use or disclose such material for any purpose at our sole discretion without requiring any permission from You. You may not state or imply in any way that your User Submissions are provided, sponsored, or endorsed by VTCA.

If you choose to submit a User review to Us, We may choose to post it on our Site, after Our review, in Our sole discretion. You further agree that VTCA has the right to use in any way at Our sole discretion, without any payment or accounting to you or others, any User Submissions (or those who act on Your behalf) transmitted to Us. 

Furthermore, You represent and warrant that You own or control all rights in and to the User Submissions and that You have the right to grant the license described above to Us and Our affiliates and service providers and each of their and Our respective licensees, successors, and assigns and that Your User Submissions do and will comply with these Terms and Conditions and do not violate the intellectual property rights of any third-party.

You understand and agree that You are solely responsible for any User Submissions You submit or contribute and that you, not the VTCA, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. 

The VTCA is not responsible or liable to any third-party for the content or accuracy of any User Submissions provided by You or any other user of the Site and you agree to indemnify, defend, and hold harmless the VTCA for any and all claims, actions, losses, and damages, of any kind, including reasonable attorney fees, arising from Your User Submissions.  

Enforcement and Monitoring

We review all of Your reviews. We do not pre-screen User Submissions posted to Our social media pages, however, although We are not required to do so, we have the right to:

  • Take any action with respect to any User Submission that we deem necessary or appropriate in Our sole discretion, including if we believe that such User Submission has violated these Terms and Conditions, violates any intellectual property rights or other rights of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the VTCA.
  • Disclose any informational content Users post, including User identity or other information to any third party who claims that material Your post violates their rights, including intellectual property rights.
  • Take appropriate legal action, including referral to law enforcement authorities for any illegal or unauthorized use of the Site.
  • Terminate or suspend Your access to the Site, in Our sole discretion for any reason, including violating these Terms and Conditions.

Content Standards

These content standards apply to any and all User Submissions and use of Interactive Features. User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • 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 or that otherwise may conflict with these Terms and Conditions and Our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent Your identity or affiliation with any person or organization.
  • 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 Us or any other person or entity, if this is not the case.

Note* - It is Our policy, in appropriate circumstances, to terminate the accounts of Users who are repeat infringers or are repeatedly charged with infringement.

Copyright Infringement – Notice and Take Down Procedures

The U.S. Digital Millennium Copyright Act (“DCMA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.  If You believe any content from the Site infringes upon any copyright You own or control You may request removal of such content by sending Us a notice (and any counter-notices) of copyright infringement via certified mail, return receipt requested and an emailed copy to:

VTCA Copyright Agent

Attention: Legal

620 Moorefield Park Drive, Suite 120
Richmond, Va 23236

info@vtca.org

In Your request you must provide the following information:

  • Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work(s);
  • Identification of the content that you believe to be infringing, and its location. Please describe the content and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content.
  • Your name, address, telephone number, and email address;
  • A statement that you have a good faith belief that the complained of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in this notification is accurate and, "under penalty of perjury," you are the copyright owner or authorized representative; and
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Changes to the Site

We may update the content on the Site at any time at Our sole discretion.  However, any of the material on the Site may be out of date at any given time and We are under no obligation to update such material.    

Information About You and Your Visit to Our Site

All information we collect via the Site is subject to the VTCA’s Privacy Policy. By using the Site, You consent to Our collection of Your information in accordance with the Privacy Policy.

Other Terms and Conditions

All purchases made through the Site for the services offered on Site are governed by these Terms and Conditions and any additional terms and conditions here: membership application fees, event registration, etc.  Additional terms and conditions may also apply to specific portions, services, features, or promotions on the Site.  All additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions. We reserve the right to refuse to process or complete any order you place with us for any reason.

Linking to the Site and Social Media

You may link to Our homepage, provided You do so legally and You do not damage Our reputation or take advantage of it.  You must link to Our homepage only, so that these Terms and Conditions, along with Our Privacy Policy appear and are accessible to anyone using the link.  You may not establish a link in any way that would suggest any form of association, approval, agreement, or endorsement on Our part without Our express written consent.

The Site may also provide certain social media features that enable You to link to Our social media pages or:

  • Link from Your own or third-party Site to certain content on this Site.
  • Send emails or other communications with certain content, or links to certain content, on this Site.
  • Cause portions of content on this Site to be displayed or appear to be displayed on Your own or certain third-party Site.

You may use these features only as they are provided by Us solely with respect to the content with which they are displayed. 

You may not:

  • Establish a link from any Site not owned by you.
  • Cause the Site or portions of the Site to be displayed on, or appear to be displayed by any other site, such as through framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the homepage.
  • Take any other action inconsistent with these Terms and Conditions.

The Site from which You are linking or on which You make Our content accessible must comply in all respects with the Content Standards set out in these Terms and Conditions. You agree to cooperate with Us in causing any unauthorized linking or framing to immediately cease.  We have the right, in Our sole discretion, to withdraw this permission at any time without notice and to disable any or all social media features and links at any time without notice.

Links from the Site

This Site may contain links to other sites, advertisements, and content provided by third-parties, including social media sites.  These links are for Your convenience only.  These third-party sites are not under the control of the VTCA.  The VTCA is not responsible for the links to those third-party sites, or the content of those third-party sites, advertisements, or other content and we accept no responsibility for any loss or damage that may arise from Your use of them.  If You choose to decide to utilize such links, You do so at Your own risk and subject to the terms and conditions of those third-party sites.  You hereby agree to release the VTCA and Our officers, employees, agents, affiliates, subsidiaries, partners, parents, successors, assigns, or any other VTCA or entity under common control with us from all claims, losses, damages, rights, and actions of any kind, including, but not limited to personal injury, death, property damage, that are directly or indirectly related to or arise out of any interactions with, accessing of, or conduct by other site users or third-party sites.

Geographic Restrictions on Use

The owner of the Site is based in the United States.  We provide this Site for use only by persons in the United States. All information is processed in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.  We do not represent that the content or services are appropriate for use in other locations. If You access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Access to the Site from jurisdictions where the contents of the Services are illegal or penalized is prohibited. No information from the Site may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using information from or accessing the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Reliance on Information

All content available on the Site, is provided for informational purposes only. VTCA does not represent or guarantee that such information is accurate, complete, or timely.  The Site may include content provided by third-parties.  All statements and/or opinions expressed by third-parties, and all responses to questions and other content, other than the content provided by the VTCA, are solely the opinions and the responsibility of the person or entity providing those materials.  Those materials do not necessarily reflect the opinion of the VTCA and We are not responsible or liable to You or any third-party for the content or accuracy of any materials provided by third-parties. The contents on the Site may contain typographical and other errors.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, BY THE VTCA OR ANY PERSON ASSOCIATED WITH THE VTCA WITH RESPECT TO THE OPERATION OF THE SITE OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES ACCESSED OR PURCHASED THROUGH OR INCLUDED ON THIS SITE. NEITHER THE VTCA NOR ANYONE ASSOCIATED WITH THE VTCA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, EMAIL SENT FROM THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE VTCA 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 A PARTICULAR PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE VTCA, 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 SITE, ANY SITE LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITE, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the VTCA, 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, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' and accounting fees) arising out of or relating to or alleged to have resulted from Your violation of these Terms and Conditions or Your use of the Site, including, but not limited to, Your User Submissions, any use of the Site content, services, and products other than as expressly authorized in these Terms and Conditions or Your use of any information obtained from the Site. You shall cooperate with the VTCA in the defense of any such claim. VTCA reserves the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

Arbitration

You and VTCA agree that all disputes, claims, demands, or causes of action between You and VTCA and its employees, agents, successors, or assigns, including, but not limited to, the interpretation of this clause and these Terms and Conditions shall be exclusively settled through binding and confidential arbitration, under the rules of the American Arbitration Association then in effect, except that You or VTCA may take claims to small claims court if the dispute qualifies for jurisdiction within said court.  In addition, You and VTCA retain the right to seek injunctive or equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of either party’s copyrights, trademarks, trade secrets, trade dress, patents or other intellectual property rights.

There is no judge or jury in arbitration and arbitration procedures are generally simpler and access to discovery may be more limited.  YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE VTCA ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

All matters relating to the Site and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to any choice or conflict of law provision or rule whether of the Commonwealth of Virginia or any other jurisdiction. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Virginia.

Class Action Waiver

YOU AND VTCA AGREE THAT ANY CLAIM BROUGHT AGAINST THE OTHER WILL ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY. NEITHER YOU OR VTCA ARE ENTITLED TO BRING A CLAIM AS A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY-GENERAL ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. 

Waiver and Severability

No waiver by the VTCA of any term or provision in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or provision and any failure of the VTCA to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.  If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or otherwise 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.

Those provisions of these Terms and Conditions that would naturally survive the termination or expiration of this agreement shall survive such termination or expiration and shall continue in full force and effect, including, without limitation, the following; Acceptable Use and Prohibited Uses, User Submissions, Intellectual Property, Disclaimer of Warranty and Limitation of Liability, Indemnification, Class Action Waiver, Governing Law and Jurisdiction, Arbitration, Waiver and Severability, and Entire Agreement.

Mail Order Checks

When You provide a check as a payment, You authorize us either to use information from Your check to make a one-time electronic fund transfer from Your account or to process the payment as a check transaction.

Entire Agreement

These Terms and Conditions, Our Privacy Policy, constitute the sole and entire agreement between You and the VTCA regarding the use of the Site and the purchase of any services or products on the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Comments and Concerns

All comments, requests for technical support, and other communications related to the Site should be directed to: info@vtca.org.

 

 

PRIVACY POLICY

We at the Virginia Transportation Construction Alliance (“VTCA,” “we,” “us,” or “our”) created this privacy policy (“Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy applies to the information collection and use practices of VTCA in connection with our website and the services we provide to our membership (the “Services”), which are made available to you through our website located at: https://www.vtca.org/ (collectively the “Site”).

This Privacy Policy describes what information we collect about you when visiting the Site or using the Services, how such information is used and stored, when such information may be disclosed to third parties, how you can control the use and disclosure of information collected from themselves or their children.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms and Conditions. By utilizing the Site and the Services you agree to this Privacy Policy and our Terms and Conditions.

Information We Collect

We collect certain information, some of which is Personal Information (or Personal Data, which is information which can be used to identify you), when you voluntarily provide it to us such as:

  • Identifiers such as first and last name, email address, username, telephone number, fax number, photograph, physical address such as business, personal and shipping
  • Payment information, such as a credit card number, when you pay for the Services through our third-party payment providers PayPal and Intuit QuickBooks when you register as a member, pay your membership fees, register for an event, or fund a sponsorship
  • If you email us with questions or contact us through your account, we will collect the information you provide in those postings.
  • Your job title, credentials/designations, Facebook page, LinkedIn page, Instagram handle, Twitter handle, website URL
  • Educational information such as schools attended and degrees earned, awards, and voluntary service

How We Collect Your Information

We collect information about you through our Site and the Services in several ways when you interact with the Site, and you submit your information to us directly:

  • Through our “Contact Us” page, or when you apply for membership, or when you “Login” to your account on our Site or register for an account, however, you must be at least 18 years of age to have an account
  • When you purchase tickets for an event or purchase a sponsorship
  • When you contact us via telephone to pay your dues/fees, purchase tickets, or sign up for an event, or apply for membership

We may also collect information from you:

  • Automatically, as you navigate through the Site for analytical purposes. For more information regarding this method of collection, see the “Information Collected Automatically” section below.

In addition, we automatically collect certain Personal Information when you access the Site and use the Services, including:

  • Device and network identifiers such as IP address and identifiers associated with browser cookies, web beacons and similar technologies we deploy on the Services.
  • Your browser type
  • Your Internet service provider
  • Your operating system
  • Your state and city but not your street address

Aggregated Personal Information

We may aggregate data, including Personal Information, and use such aggregated data for any purpose. This aggregated information does not identify you personally.

Our website uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and Site usage.  The information generated by the cookies about your use of the Site may be transferred to a Google server outside of the country in which you live and stored there. Google Analytics cookies are stored based on our legitimate interests within the meaning of Art. 6 (1)(f) of GDPR. The legal basis for the processing of Personal Data, if any, using cookies is Art. 6 para. (1)(f) GDPR. The legal basis for the processing of Personal Data using cookies for analytical purposes is Art. 6 para. 1 (a) GDPR if the user has given their consent.

Additionally, we have also added the "anonymizeIP" code to Google Analytics on this Website. This guarantees the masking of your IP address so that all data are collected anonymously. Only in exceptional cases will the full IP address be transmitted to a Google server in the US and shortened there.

Google will use this information to evaluate your use of the Site, compile reports on Site activity, and provide other services related to the use of the Website and the Internet to the Website operator. The IP address provided by your browser to Google Analytics will not be merged with other Google data.

By using this Site, you consent to the processing of data about you by Google in the manner described in Google’s Privacy Policy: https://policies.google.com/privacy  and at: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage?hl=en-US and for the purposes set out above. You can opt out of being tracked by Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt out tool provided by Google at:

https://tools.google.com/dlpage/gaoptout

Additionally, many advertising companies are members of the NAI or DAA and/or provide opt-outs on those industry pages at  NAI Consumer Opt Out or YourAdChoices.

Cookies

Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. Cookies make using our Site easier by, among other things, saving your passwords and preferences for you.

As you navigate through and interact with the Site, we use automatic data collection methods to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to the Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site such as downloading videos and viewing videos.
  • Information about your computer and Internet connection, including your IP address, operating system, device type and browser type.

however, third parties may such as Facebook and YouTube which are linked on this site.  Review this Privacy Policy for more information concerning how you can opt out of behavioral tracking and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

It is also possible to view the Site without accepting cookies. If you do not want cookies stored on your computer, you can disable them by using this option in your browser's system settings. You can prevent cookies from being accepted and stored and tracking by setting your browser software accordingly, however, please note that if you do this, you may not be able to completely use all the functions and features of this Site. 

Your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information for analytic and internal purposes. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device to delete and disable cookies and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit allaboutcookies.org).  You can manage your browser Cookies through your browser settings.  To do so, we suggest that you go to the “Help” section of your browser to find out how to change the configuration you currently use.

Stored cookies can be deleted in your browser's system settings. For more information on disabling cookies, please visit:

https://www.allaboutcookies.org/manage-cookies/

You can object to the use of optional cookies at any time by adjusting your cookie settings accordingly. 

Links to Other Websites

Please be aware that we are not responsible for the privacy practices of other sites.  When you leave our Site and go to another website, you should review that website’s privacy policy carefully.

YouTube

The Site uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.

If you’re logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.

YouTube is used to help make our website appealing. This constitutes a legitimate interest pursuant to Art. 6 (1)(f) of the General Data Protection Regulation (GDPR).

Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.

Facebook

You may link to our Facebook page from the Site, please see more information about Facebook’s privacy practices here: https://www.facebook.com/privacy/explanation

When you log into the Site using your Facebook account, we will collect relevant information necessary to enable us to access your Facebook account; however you will provide your login information, like your password, directly to Facebook, not to us. As part of such integration, Facebook will provide us with access to certain information that you have provided to Facebook, and we will use, store and disclose such information in accordance with this Privacy Policy and, if and to the extent applicable, the policies of Facebook. However, please remember that the manner in which Facebook uses, stores and disclose your information is governed by the policies of Facebook, and, as a result, we shall not have any liability or responsibility for the privacy practices or other actions of Facebook that may be enabled within and/or otherwise accessible through our Services.

Instagram

You may link to our Instagram page from the Site, please see more information about Instagram’s privacy practices here: https://help.instagram.com/519522125107875

Payment for Dues/Registrations/Sponsorships

We utilize PayPal and QuickBooks as our third-party payment providers. For more information concerning their privacy practices visit: https://www.paypal.com/us/webapps/mpp/ua/privacy-full  and https://www.intuit.com/privacy/statement/

When you sign up for membership, you may provide your consent to receiving emails about products or special offers.  If you no longer wish to receive emails about products and special offers from us, please click on the [unsubscribe] link at the bottom of the email or contact us at communications@vtca.org.

If you sign in through Google, you are authorizing VTCA to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Google, Inc. would provide to VTCA through Google’s Application Programming Interface (“API”). Such information may include, without limitation, your first and last name, Google username, Google profile picture, headline, unique identifier and access token, and e-mail address.

If you register or visit the Site through Facebook Connect or another social media website, you are authorizing VTCA to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that the social media website would provide to VTCA through its API. We do not receive or store your passwords for your social media accounts.

How We Use Your Information and Our Legal Bases for Doing So

We may use your information, including Personal Information, in a manner that is consistent with this Privacy Policy and the context of our relationship with you. By submitting your request, contacting us, registering for an account, purchasing tickets, or sponsoring an event, you guarantee the accuracy of the Personal Information you provide to us. We collect and use the information about you and your business for the following purposes:

To Perform the Services and to Fulfill Our Contractual Obligations

  • To identify you when you sign in to your account, request that we contact you, register for an account, or apply for membership;
  • To respond to your requests and to provide you with the Services;
  • To respond to your inquiries and provide you with information about changes to the Site and/or the Services;
  • To allow our third party providers to process your authorized payments for our Services; and
  • As otherwise specifically described in this Privacy Policy.

For Our Legitimate Interests

  • To investigate, prevent, or take actions regarding; illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our policies, or to detect security incidents, or as otherwise required by law;
  • To respond to your requests and questions;
  • To enhance and improve the Site or the Services, such as through personalized features and content; and
  • To analyze the use of the Site and the Services and the people visiting to improve our content and Site and the Services

With Your Consent

  • To send you notices (for example, in the form of e-mails, mailings, newsletters, and the like) regarding your membership or the Services you are receiving;
  • When you contact us and provide your information to us through the Site
  • To fulfill any other purpose for which you provide your consent

Disclosure/Sharing of Personal

We do not sell Personal Information.  We do not disclose Personal Information to third parties for their direct marketing purposes. However, there are instances in which we must disclose Personal Information we collect on the Site to third parties in order for us to operate the Site and provide the Services. We may disclose Personal Information for the following purposes:

  • With our Service Providers. We share Personal Information with unaffiliated companies or individuals we hire or work with that perform services on our behalf, including our payment processors, or others who assist us in fulfilling orders or transactions, web hosting providers, information technology providers, and analytics services.
  • Ours third-party service providers store your payment card information; we do not store this information. Storage by the third-party service provider of your payment information is subject to the privacy policies and practices of the third-party service provider and is not subject to the terms of this Privacy Policy. By providing your payment information, you acknowledge and agree to use of such information by the third-party service provider for purposes of processing your payment to us;
  • We may disclose Personal Information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with our rights or property, other users of the Site, or anyone else that could be harmed by such activities;
  • We may also be required to disclose Personal Information in response to lawful requests by law enforcement authorities, and if there is a good faith belief, and reliance on said belief, that disclosure is necessary to comply with any legal process served on us;
  • To enforce or apply our Terms and Conditions and other agreements, for billing and collection purposes;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about Site Users is among the assets transferred.
  • With your consent or at your direction, such as with search engines when your member listing is set to be displayed to the general public

How We Protect Your Information

We take commercially reasonable steps to protect the Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Accessing and Modifying Account Information

You may update the information that is stored in your user account by accessing the settings feature in your user account or by e-mailing us at info@vtca.org.

Malware/Spyware/Viruses 

Neither we nor the Site knowingly permits the use of malware, spyware, viruses, and/or other similar types of software.

Links to External Websites

We are not responsible for the content or practices of third party websites that may be linked to the Site. The Site may contain content, services, advertising and other materials that link to websites operated by third parties. We have no control over those other websites, and this Privacy Policy does not apply to them. We are also not responsible for any information that you might share with such linked websites.  You should refer to each website’s respective privacy policy and practices prior to disclosing any information. 

The Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from us which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at communications@vtca.org including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list and we will do so.

Transfer of Information Across National  

Our Site and various information we collect are operated on servers located in various jurisdictions, including the United States. When you access or use the Site and/or our Services, Personal Information about you may be transferred outside the country in which you are situated to these other locations.  Whenever Personal Information is transferred out of the EEA to countries not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be based on one of the safeguards recognized by the European Commission as providing adequate protection for personal information, where required by EU data protection legislation.

Rights of European Union Data Subjects

European data protection laws give you certain rights regarding your Personal Information. You may ask us to take the following actions in relation to your Personal Information that we hold:

  • “Opt-out” Stop sending you direct marketing communications. You may continue to receive Service-related and other non-marketing emails.
  • “Access” Provide you with information about our processing of your personal information and give you access to your personal information.
  • “Correct” Update or correct inaccuracies in your personal information.
  • “Delete” Delete your personal information.
  • “Transfer” Transfer a machine-readable copy of your personal information to you or a third party of your choice.
  • “Object” Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
  • “Withdraw Consent” If our processing is based on your consent, you have the right to withdraw such consent at any time.

You can submit these requests by email to: [INSERT CONTACT EMAIL] We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your Personal Information or response to your requests regarding your personal information, you may contact us as described below in the “How To Contact Us” section or submit a complaint to the data protection regulator in your jurisdiction.  

Your Access to and Control Over Your Personally Identifiable

At any time, but only once per calendar year, or as otherwise required under applicable law, users may contact us to review the Personal Information that we have collected about you. If you discover any errors, please notify us and the information will be corrected. To review the Personal Information that we have collected about you, please send an email to info@vtca.org with the subject line: “Personal Information Review Request.” Users may also request that we delete a user account(s) or, if you have not established a user account, your email address, and any related data at any time. If you wish to delete your user account(s), please email us at info@vtca.org with the words “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Sites, or any Services, please email us at info@vtca.org with the words “Delete My Information” in the subject line.

You may also choose to confirm that we do not use your Personal Information in certain ways and/or to otherwise “opt out” of certain uses of that Personal Information, including without limitation (i) when your Personal Information may to be disclosed to a third party unrelated to us and/or parties directly related to providing your Services and/or (ii) when your Personal Information may be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. If you wish to limit your personal data in either such way, or have other questions about how we may use your personal data, please contact us at info@vtca.org with the words “Privacy Request” in the subject line.

Important Notice to Users Outside the U.S.

The Site is operated in the United States of America (U.S.). If you are located in another jurisdiction, then please be aware that any data supplied will be transferred from your current location to the U.S. to our servers, offices or and/or to the third parties mentioned, and be subject to U.S. laws regarding data privacy and collection, which may be less stringent than or otherwise different from the laws in effect in the country in which you are located. By using this Site or by voluntarily providing us with your personal information, you acknowledge and agree with your Personal data being processed and transferred as described above.

Data Storage/Retention

We store/retain the Personal Information we collect for as long as is necessary for the purpose(s) for which we originally collected it, while considering the amount, nature, and sensitivity of the information. We may also retain Personal Information as required by law.

California Privacy Rights: Shine the Light Law

California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which we have disclosed personally identifiable information during the preceding year for direct marketing purposes. We have not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, we will not maintain such a list of third parties. If you are a resident of California and want additional information confirming how we do not share your Personal Information with third parties for their direct marketing purposes, you may contact us at info@vtca.org with the words “California Privacy” in the subject line of your email.

California Privacy Law: Do Not Track

We do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time and will post any changes on the Site as soon as they go into effect. By accessing the Site or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, or our procedures with respect to Personal Information in connection with the Services, please e-mail us at info@vtca.org “PRIVACY POLICY” in the subject line, or write to us at:

VTCA

620 Moorefield Park Drive, Suite 120

Richmond, Virginia 23236-3692

or call us at: (804) 330-3312

or fax us at: (804) 330-3850

Information provided by you via general e-mail inquiries to us such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is not shared with third parties.

If you are a resident of the EU and have an unresolved data privacy concern or personal information collection, use, or disclosure concern, you may file a complaint/inquiry with us at:

VTCA

620 Moorefield Park Drive, Suite 120

Richmond, Virginia 23236-3692

or call us at: (804) 330-3312

or fax us at: (804) 330-3850

CALIFORNIA CONSUMER PRIVACY ACT DISCLOSURES

Last Updated: MAY 10, 2022

This California Consumer Privacy Act (“CCPA”) Disclosure page (“Disclosure”) supplements our Privacy Policy.  The Privacy Policy describes the Personal Data (aka Personal Information) collected by the Site, the purpose for which it is collected, and the circumstances under which it is shared. These additional disclosures are made in accordance with the CCPA.

  1. Categories of Personal Information Collected

The Personal Information collected from the Site are in the following categories as established by the CCPA:

  • Identifiers such as:
    • Your full name or online identifier such as username
    • Your postal address, personal, business, and shipping
    • Your email address
    • Your internet protocol address
    • Facebook page, LinkedIn page, Instagram handle, Twitter handle, website URL
    • Your photograph
  • Commercial/Payment information: such as a credit card number, when you pay through our third-party payment providers PayPal and Intuit Quickbooks when you register as a member, pay your membership fees, register for an event, or fund a sponsorship, however, we do not keep this information, rather, it is collected by the third-party payment providers mentioned, we do however collect transaction history, billing, and shipping information
  • Personal Information: such as your telephone number or your country of origin
  • Professional information: such as your company name and title/position or business affiliation and educational history, voluntary service
  • Records and copies of your correspondence or messages if you contact us via the Site or through any other method.
  • Internet or other electronic network activity information including your interaction with the Site (see “Information We Collect Through Automatic Means”).
  1. Categories of Personal Information Disclosed for A Business Purpose

The Personal Information we collect and disclose about consumers for a business purpose fall into the following categories established by the CCPA:

  • Identifiers such as your full name or online identifier such as username, postal address, email address, internet protocol address
  • Personal Information such as your telephone number
  • Professional information such as your company name and title/position or business affiliation
  • Records and copies of your correspondence or messages
  • Internet or other electronic network activity information to help us analyze our Site usage and to detect and address security incidents
  1. Right to Request Access to or Deletion of Personal Information

The CCPA gives California residents the following privacy rights:

  • The Right To Know
  • The Right to Delete
  • The Right to Opt Out of Sales of Personal Information
  • Non-discrimination

Under the CCPA, you have the right to request information about the collection or sharing of your personal information by us or access to, or deletion (under certain circumstances), of your Personal Information.  If you wish to do so, please contact us by clicking here to receive information on how to submit your verifiable consumer request.  

  1. No Sale of Personal Information

4.1 Do Not Sell My Personal Information

VTCA does not sell your personal information for money.  The following link:  Do Not Sell My Personal Information will provide you with information to exercise your options. 

  1. No Discrimination

We will not discriminate against any consumer for exercising their rights under the CCPA.

 

Last updated May 12, 2022.