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Welcome to EnergyForce, an API website. The following terms
and conditions govern your use of this site. By accessing,
viewing, or using the material on this site, you agree to
be bound by these terms and conditions. If you do not agree
to these terms and conditions, you are not granted permission
to use the site and should exit immediately.
API reserves the right to change the terms
and conditions under which this site is offered. These changes
are effective immediately upon posting. You are responsible
for regularly reviewing these terms and conditions.Your
continued use of this site constitutes your agreement to
all such terms and conditions.
Copyright
This site and all of its content are protected by copyright
pursuant to U.S. and international copyright laws. Unless
otherwise noted in a specific location on this site, you
may not copy or download any of the material contained on
this site in whole or in part without the express authorization
of API. On pages of this site where permission is given
to copy or download material, you may only do so provided
that: (1) the user includes API’s copyright notice on all
copies, and (2) the materials are not used in any misleading
or inappropriate manner. You may not publish, modify, transmit,
reproduce, create new works from, distribute, sell, loan,
nor in anyway exploit any of the material contained on this
site in whole or in part, including such material permitted
to be copied or downloaded, without the express authorization
of API.
Elements of API’s website are also protected
by trade dress, trademark, unfair competition, and other
laws and may not be copied or imitated in whole or in part.
No logo, sound or image from the site may be copied or transmitted
unless expressly permitted by API.
Trademark
Except as indicated, API owns all trademarks, service marks,
certification marks, and logos featured on this site, including
the terms “API” and the “American Petroleum Institute.”
Use of these marks without the express written permission
of API is expressly prohibited.
Indemnification
You agree to indemnify and hold API, its officers, members,
and employees harmless from any claims, demands, or damages,
including attorney fees, asserted by any third party due
to or arising out of your use of or conduct on the site.
Disclaimer of Warranty and Liability
API makes no representations about the reliability, accuracy,
suitability, or lack of viruses for the information, software,
products, services and related graphics contained in the
site. All information, software, products, services and
related graphics are provided “as is” without
any warranty of any kind, either expressed or implied, including
but not limited to the implied warranties or merchantibility,
fitness for a particular purpose, or non-infringement.
API shall not be liable for any direct,
special, indirect, incidental, consequential, or punitive
damages, including without limitation, lost revenues or
lost profits, which may result from the use of, access to,
or inability to use these materials. Under no circumstances
will the total liability of API to you, based on any cause
of action, that exceeds $100.00.
Privacy Policy
API has a Privacy Policy Statement that describes the information
that we collect about visitors, and how this information
is used. Click here
to view the Privacy Policy Statement, which is incorporated
by reference, as if set forth fully herein. API’s performance
under this agreement is subject to existing laws and legal
proceedings, and nothing in this agreement is in derogation
of API’s right to comply with government, court or law enforcement
requests or requirements relating to your use of the site
or to information collected by API with respect to such
use.
Links to Third Party Sites
These sites may contain links to third party websites (“linked
sites”).The linked sites are not under the control
of API. API is not responsible for the content of any linked
site and makes no representations regarding the content
or appropriateness of content on such sites. API does not
promote, endorse or have any affiliation with any other
linked site or linked site owner unless expressly stated
in API’s site. When you access a linked site from this site,
you leave this site and you do so at your own risk. You
are responsible for viewing and complying with the terms
and conditions of use posted on the linked site.
Any commercial transactions or business
activities between you and third parties (including advertisers)
included in the site are solely between you and the third
party and API shall not be responsible or liable for any
part of such dealings or promotions.
Third-Party Websites Seeking to
Link with API's Site
You may link to API’s site, provided that you comply with
the following restrictions:
• You do not create a browser or border environment
around the API content.
• You do not imply that API is endorsing your site or your
products.
• You do not misrepresent your relationship with API, its
members, officers or directors.
• You do not present false information about API, its activities,
or its members.
• You do not display the API name, logo, trademark, or other
identifier on your site without API’s permission.
• You do not remove, conceal, or obliterate any copyright
or other proprietary notice, source identifier, or credit
line.
• You do not link from a website that could be construed
as distasteful or offensive, obscene, defamatory, libelous,
misleading, or is being used for illegal purposes.
• You do not link from a website that infringes upon any
intellectual property or other right of any entity or person.
If, in the opinion of API, you violate any
of these restrictions, you agree to immediately remove API’s
link from your site.
Force Majeure
You agree that API will not be liable for any loss resulting
from a cause over which API does not have direct control,
including but not limited to the failure of electronic or
mechanical equipment, communication lines, telephone or
other interconnect problems, computer viruses, unauthorized
access, theft, operator errors, severe weather, natural
disasters, strikes' wars, or government/judicial restrictions.
Legal Advice
Nothing contained in this site is intended as, nor shall
be construed as legal advice, guidance, or interpretation.
No attorney-client relationship is established between API
and you by your use of this site. The information provided
on this site is for general educational purposes only and
specific questions about any law, statute, or regulation
should be directed to an attorney with expertise in the
area.
Jurisdiction
API controls and operates this site from Washington, D.C.,
in the United States of America. The terms and conditions
for this site will be governed by and construed in accordance
with the laws of the District of Columbia, without reference
to its choice of law rules. By accessing, viewing, or using
the material on this site, you consent to the jurisdiction
of the federal and local courts presiding in the District
of Columbia and agree to accept service of process by mail
and hereby waive any and all jurisdictional and venue defenses
otherwise available. API makes no representation that materials
on the site are appropriate for use in other countries and
access to them from countries where the content is illegal
is prohibited. You are responsible for complying with applicable
local laws that regulate the content of this site.
Export Controls
You acknowledge and agree that all of the material contained
in this site is subject to the U.S. Export Administration
Laws and regulations. You agree that none of this material
is being acquired for, shipped, transferred, or reexported,
directly or indirectly, to embargoed countries or their
nationals unless authorized by the U.S. Government. Countries
subject to the U.S. embargo are Cuba, Iran, Iraq, Libya,
North Korea, Syria, and the Sudan. You are warranting that
you are not located in, or under the control of,
or a national or resident of any such country. You agree
to comply strictly with all U.S. export laws and have the
sole responsibility for obtaining any licenses required
to export or reexport.
Access to Secure Areas
You agree that you will not attempt to access password protected
and/or secure areas of this site unless you are an authorized
user. If you are an authorized user, you agree not to assist
third parties in obtaining access to these areas without
API’s approval.
Submissions and Postings
This site may contain bulletin board services, chat areas,
forums, and/or other message facilities designed to enable
you to communicate with others or with API.You agree that
nothing submitted by you to this site shall contain any
material which:
• Defames, abuses, harasses or threatens
others.
• Contains any inappropriate, defamatory, obscene or unlawful
topic, name, material or information.
• Infringes any intellectual property or other property
right of any entity or person, including, but not limited
to, violating anyone’s copyrights, trademarks, or confidential
information.
• Violates any laws or regulations including, but not
limited to, federal and state antitrust laws.
• Contains viruses or similar programs that may damage
the operation of another’s computer or property.
• Advertises or offers to sell or buy any goods or services
for any business purpose unless specifically authorized
by API.
• Uses a false identity for the purpose of misleading
others.
• Deletes any copyright or proprietary notice other designations
that identify the source or origin of any materials.
• Contains any material posted by another user that you
know, or reasonably should know, cannot be legally distributed
in such manner.
By posting materials, you warrant and represent
that you own the copyright to such materials, have received
permission from the copyright owner, or that the material
is in the public domain. You further represent and warrant
that you have the full and unencumbered right to post such
materials and that the posting will not infringe upon any
rights of others. You grant API and users of the site a
non-exclusive, irrevocable, royalty free license to display,
copy, transmit, print and use this information in any manner.
You acknowledge that you are responsible
for the legality, accuracy, and appropriateness of the materials
that you submit. Although API has no obligation to monitor
these materials, API reserves the right to review materials
that are posted on the site and has the right to terminate
your access to the site at any time and for any reason without
providing notice to you. API reserves the right to remove,
edit, or refuse to post any information that it deems inappropriate.
You agree that API may disclose any information
involving you (including your identity) if API believes
that there is a violation of law or in response to any applicable
law, regulation, legal process or government request.
Claims of Copyright Infringement
Anyone who believes that API has used their work on the
site in a manner that constitutes copyright infringement
should send a notice to the API’s Copyright Agent at the
address listed below. The notice should contain the following
information:
• A physical or electronic signature of
a person authorized to act on behalf of the owner of an
work in question;
• Identification of the copyrighted work claimed to have
been infringed;
• Identification of the material that is claimed to be
infringing and information reasonably sufficient to permit
API to locate the material;
• The address, telephone number, and, if available, an
email address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith
belief that the use of the material in the manner complained
of is not authorized by the copyright owner, its agent,
or the law; and
• A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed.
• Copyright infringement claims and notices should be
sent to API’s Copyright Agent by mail to:
API
Office of General Counsel
1220 L Street, NW
Washington, DC 20005-4070
USA
By fax to: 202-682-8260
By email to: harrisonl@api.org
Language
It is the express will of the parties that this agreement
and all related documents have been drawn up in English.
C’est la volonté expresse des parties que la présente convention
ainsi que les documents qui s’y rattachent soint rédigés
en anglais.
Miscellaneous
As a condition of your use of this site, you agree not to
use the site for any purpose that is unlawful or prohibited
by this agreement.
Use of the site by you is unauthorized in
any jurisdiction that does not give effect to all provisions
contained in this agreement.
You agree that no joint venture, partnership,
employment, employment, or agency relationship exists between
you and API as a result of this agreement.
If any part of these terms and conditions
is held to be invalid or unenforceable for any reason including,
but not limited to, the warranty disclaimers and liability
limitations specified above, then the invalid or unenforceable
provision will be deemed superseded by a valid enforceable
provision that most closely matches the intent of the original
provision and the remainder of the agreement will remain
in full force and effect.
A printed version of this agreement shall
be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents
and records originally generated and maintained in printed
form.
These terms and conditions constitute the
entire agreement between you and API with respect to your
use of the site. You acknowledge that, in providing you
access to and use of the site, API has relied on your agreement
to be legally bound by these terms and conditions.
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