Welcome to the API-U web site. 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.
This site and all of its content are protected by copyright pursuant
to U.S. and international copyright laws. You may not copy, download,
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 without the express authorization
of API.
Elements of the API-U web site are also protected by trade dress,
trademark, unfair competition, and other laws and 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.
Except as indicated, API owns all trademarks, service marks, certification
marks, and logos featured on this site, including the terms "API",
"API University", "API-U" and the "American
Petroleum Institute." Use of these marks without the express
written permission of API is expressly prohibited.
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.
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 EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, 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
EXCEED $100.
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.
These sites may contain links to third party web sites ("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.
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's 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 web site 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 web site 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.
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
no 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.
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.
API controls and operates this site from Washington D.C., 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.
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.
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.
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, 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.
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 e-mail
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: American Petroleum Institute,
Office of General Counsel, 1220 L Street N.W., Washington D.C.
20005, by fax: (202) 682-8033 , by e-mail: morrisd@api.org.
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.
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.
|