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Terms of Use

Last updated: June 5, 2026

These Terms of Use ("Terms") are a binding agreement between you and Avello Asphalt & Construction ("Avello," "we," "our," or "us") and govern your access to and use of avelloasphalt.com, the Pavement Risk Snapshot assistant, the Knowledge Base, and any related online content or services we make available (collectively, the "Site"). By accessing or using the Site you agree to these Terms. If you do not agree, do not use the Site.

1. Eligibility & business use

The Site is intended for business users 18 years of age or older who are inquiring about commercial, municipal, industrial, institutional, or managed-property asphalt work in New York. The Site is not designed for residential driveway customers or for consumers seeking products for personal, family, or household use.

2. Informational only — no contract or guarantee

All content on the Site, including the Pavement Risk Snapshot, articles, checklists, FAQs, pricing ranges, timelines, and recommendations, is provided for general informational purposes only. Nothing on the Site is a binding inspection, professional engineering opinion, quote, contract, warranty, or guarantee. Conditions of any specific pavement, project costs, schedules, and outcomes depend on factors only an on-site assessment and a signed written agreement can address.

3. Pavement Risk Snapshot & AI-generated content

The Pavement Risk Snapshot uses third-party artificial intelligence to generate replies based on the information you share. AI output can be incomplete, inaccurate, or out of date, and should not be relied on as professional advice. You should not make safety, compliance, budget, procurement, or contractual decisions based solely on Snapshot output. Always confirm anything important directly with Avello by calling 845-454-3650 or emailing info@avelloasphalt.com.

4. Acceptable use

You agree not to:

  • Use the Site for any unlawful, harmful, fraudulent, or infringing purpose.
  • Submit false, misleading, or impersonated information.
  • Submit any other person's personal information without authorization, or any sensitive personal information.
  • Probe, scan, or test the vulnerability of the Site or breach security or authentication measures.
  • Interfere with, disrupt, or place an unreasonable load on the Site or its underlying infrastructure.
  • Scrape, copy, harvest, or mirror the Site or its content except as expressly permitted.
  • Use automated systems, bots, or AI agents to interact with the Site at scale without our prior written consent.
  • Reverse engineer, decompile, or attempt to extract source code from any part of the Site.
  • Use the Site to develop or train a competing product, service, or model.
  • Remove, obscure, or alter any copyright, trademark, or other proprietary notices.

5. Intellectual property

All content on the Site — including text, graphics, logos, photographs, illustrations, layouts, code, the "Pavement Risk Snapshot," and the Knowledge Base — is owned by Avello Asphalt & Construction or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your internal, non-commercial evaluation of Avello's services. All other rights are reserved.

6. Submissions & feedback

If you send us suggestions, ideas, or feedback about the Site or our services, you grant Avello Asphalt & Construction a worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, modify, and exploit that feedback for any purpose without obligation to you.

7. Third-party services & links

The Site may link to or rely on third-party services (e.g., AI providers, hosting, email). We are not responsible for the availability, content, or practices of any third party, and links do not imply endorsement. Your use of third-party services is governed by their own terms and privacy policies.

8. Disclaimers

THE SITE AND ALL CONTENT, INCLUDING THE PAVEMENT RISK SNAPSHOT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the maximum extent permitted by law, Avello Asphalt & Construction disclaims all warranties including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, security, and uninterrupted or error-free operation. We do not warrant that any information on the Site is accurate, current, complete, or applicable to your particular property or situation.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Avello Asphalt & Construction, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY CONTENT, INCLUDING THE PAVEMENT RISK SNAPSHOT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our aggregate liability for all claims relating to the Site is limited to one hundred U.S. dollars (US $100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you in part.

10. Indemnification

You agree to defend, indemnify, and hold harmless Avello Asphalt & Construction and its officers, directors, employees, agents, subcontractors, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Site, (b) your violation of these Terms, (c) your violation of any applicable law or third-party right, or (d) any information you submit through the Site.

11. Governing law & venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Dutchess County, New York, and you consent to personal jurisdiction and venue in those courts.

12. Informal dispute resolution

Before filing any claim, you agree to first contact us at info@avelloasphalt.com with a description of the dispute and to attempt to resolve it informally for at least sixty (60) days.

13. Class action waiver

To the extent permitted by law, you and Avello Asphalt & Construction each agree that any dispute will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action.

14. Changes to the Site or Terms

We may modify, suspend, or discontinue any part of the Site at any time without notice. We may update these Terms from time to time; the "Last updated" date above will reflect the latest version. Your continued use of the Site after a change becomes effective constitutes acceptance of the updated Terms.

15. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including suspected violation of these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution) shall survive.

16. Communications

By submitting your phone number or email through the Site, you consent to be contacted by Avello Asphalt & Construction (including by phone, text, or email) regarding your inquiry. Standard message and data rates may apply. You may opt out of non-essential communications at any time by replying "STOP" to a text or by emailing us.

17. Miscellaneous

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver. These Terms, together with our Privacy Policy, are the entire agreement between you and Avello Asphalt & Construction regarding the Site. You may not assign these Terms; we may.

18. Contact

Questions about these Terms? Contact Avello Asphalt & Construction at info@avelloasphalt.com or 845-454-3650. Mail can be addressed to Avello Asphalt & Construction Corp, Poughkeepsie, NY.