Terms of Use

1. Acceptance of These Terms

These Terms of Use (the “Terms”) govern your access to and use of the website located at outpavesurface.com and any pages, content, forms, and services made available through it (together, the “Site”). The Site is operated by iEmulsions Corporation, a Florida corporation doing business as Outpave Surface (“Outpave Surface,” “we,” “us,” or “our”).

By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you may not use the Site. If you expressly accept these Terms on behalf of an organization, you represent that you are authorized to do so.

2. Purpose of the Site

The Site provides general information about our pavement preservation services, our application equipment, and the treatments we deliver. It is offered for informational purposes only. Nothing on the Site constitutes an offer, a quotation, a specification, a warranty of performance, or engineering, procurement, or legal advice for any particular project.

Whether a treatment is appropriate for a given roadway depends on that roadway, its condition, its traffic, its climate, and the requirements of the agency responsible for it. Those determinations must be made by qualified personnel with knowledge of the specific project, and any engagement with us is governed by a separate written agreement, not by these Terms.

3. Content and Accuracy

We make reasonable efforts to keep the Site accurate and current as of the dates shown. Performance statements are attributed as described on the Evidence page, which distinguishes results published by independent parties from results reported by us. Independent research cited on the Site describes the materials and chemistry classes involved and is not a test of our services unless expressly stated.

Illustrative material, including any sample application record, is identified as such and does not represent data from an actual project. We may revise, correct, or remove content at any time without notice and undertake no obligation to update it.

4. Intellectual Property

The Site and its contents, including text, photographs, video, illustrations, graphics, page design, and the selection and arrangement of those elements, are owned by Outpave Surface or by third parties who have licensed their use to us, and are protected by United States and international copyright, trademark, and other intellectual property laws. The Outpave Surface name, logo, and related marks are trademarks of iEmulsions Corporation.

Patents referenced on the Site by number are identified for reference only. Third-party names, marks, equipment designations, and film footage, including those of LeeBoy, belong to their respective owners and appear with permission or by reference. Their appearance does not imply that those owners sponsor or endorse Outpave Surface.

Subject to these Terms, you may view, download, print, and share unmodified Site materials within your agency or organization to evaluate our services, provided you retain all ownership notices and source attributions. Except as permitted above or by applicable law, you may not reproduce, modify, distribute, publicly display, or create derivative works from any part of the Site, or use our names or marks, without our prior written consent.

5. Acceptable Use

You agree not to, and not to permit anyone else to:

• access or use the Site for any unlawful purpose or in violation of these Terms;
• scrape, crawl, harvest, or bulk-download content from the Site, other than ordinary indexing by public search engines;
• submit false, misleading, or automated entries through any form on the Site;
• attempt to gain unauthorized access to any part of the Site, its servers, or any system or network connected to it;
• introduce malicious code or interfere with the operation, security, or availability of the Site; or
• use the Site to transmit unsolicited commercial communications.

We may suspend or terminate access to the Site, without notice, for any conduct that we reasonably believe violates these Terms or is harmful to us or to others.

6. Restricted Areas and Credentials

Portions of the Site may be made available only to authorized agency, partner, or client users. Any credentials we issue are personal to the individual to whom they are issued, may not be shared, and may be revoked at any time. You are responsible for maintaining the confidentiality of your credentials and for all activity under them, and you agree to notify us promptly if you believe they have been compromised. Any confidentiality obligations for restricted materials will be stated in a separate agreement and remain subject to applicable public-records and disclosure laws.

7. Submissions

When you submit information through the contact form or otherwise communicate with us through the Site, you represent that the information is accurate and that you are entitled to provide it. A submission is an inquiry only. It does not create a contract, engagement, or obligation on our part, and we may respond or decline to respond at our discretion.

Please do not submit confidential or proprietary material through the contact form. We use submissions to evaluate and respond to inquiries, as described in our Privacy Policy.

8. Third-Party Links and Content

The Site may contain links to websites, publications, and resources operated by third parties, including research organizations, patent offices, equipment manufacturers, and dealers. Those resources are not under our control. We provide the links for convenience only, do not endorse their content, and are not responsible for their accuracy, availability, or handling of your information. Your use of any third-party resource is subject to its own terms and policies.

9. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY TREATMENT OR RESULT DESCRIBED ON THE SITE WILL BE ACHIEVED ON ANY PARTICULAR PROJECT.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUTPAVE SURFACE, IEMULSIONS CORPORATION, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR YOUR RELIANCE ON ANY CONTENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF THESE TERMS OR THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Outpave Surface, iEmulsions Corporation, and their officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your violation of these Terms or your misuse of the Site.

12. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Florida, without regard to its conflict of laws principles. You agree that any such dispute will be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property.

13. Changes to These Terms

We may revise these Terms from time to time. The revised Terms will be posted on this page with an updated effective date and take effect when posted. Your continued use of the Site after a revision constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

14. General Provisions

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Site and supersede any prior understandings on that subject. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign these Terms; we may assign them without restriction. For governmental entities, these Terms apply only to the extent permitted by applicable law and do not require a waiver of sovereign immunity or acceptance of indemnification, governing-law, or venue provisions that the entity lacks authority to accept.

Questions about these Terms may be directed to contact@outpavesurface.com or submitted through the contact page. Our mailing address is available on request.