Terms of Use

Terms of Use

Effective as of January 7, 2009

Please read these Website Terms of Use (“Terms”) carefully before using this website (“Site”). Using this Site indicates that you accept these Terms. If you do not accept these Terms, do not use this Site.

General.  This Site is owned and operated by Western States Petroleum Association (“WSPA,” “we” and “us”). WSPA reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. You thus should visit this page periodically for changes. This Site is continually under development and changes in this Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.

Site Security.  You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. WSPA will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Other Prohibited Activities.  In using this Site, you must also not:

• Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;

• Misrepresent your identity or affiliation in any way;

• Violate any applicable laws or regulations; or

• Assist or permit any persons in engaging in any of the activities described above.

Member and Associate Accounts.  Regular Members and Associates of the Western States Petroleum Association may create a Member or Associate account (collectively, “Accounts”) on the WSPA Website.  Upon your initial log in to your Account, you will be asked to create a password.  WSPA maintains passwords on a secure server, but you should take steps, such as choosing a strong password and keeping it private, to ensure that no one gains unauthorized access to your account.

User-Submitted Information.  You must exercise caution, good sense and sound judgment in using this Site. You are responsible for any material you transmit to or through the Site or to us through email. You agree, represent and warrant that any information you transmit to or through the Site or to us through email is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Certain information submitted by you, or otherwise collected from you, is subject to WSPA’s privacy policy, available on this Site.

Unsolicited Material.  You must not transmit any material to or through this Site that you consider to be confidential or proprietary. Any material that you transmit to or through this Site will be considered non-confidential and non-proprietary. Except as expressly provided in WSPA’s privacy policy, you give WSPA an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that WSPA has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site.

Copyright.  The materials made available at this Site are protected by copyright. In addition, all design rights, databases and compilation and other intellectual property rights related to this Site, in each case whether registered or unregistered, and related goodwill are proprietary to WSPA.

 WSPA Materials. WSPA grants you the rights to copy, reproduce, republish, upload, post, transmit, and distribute all materials owned by WSPA on this Site, provided you keep intact all copyright and other proprietary notices. Notwithstanding the foregoing, permission to link to any page at this Site except the “home page” (http://www.wspa.org) must be obtained from WSPA in advance; requests for such authorization should be submitted via an email to legal@wspa.org.

 Third-Party Materials. Any materials on this Site owned by a third party (which in general will be labeled as such) may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. Modification of, or use of, such third-party materials is a violation of the copyrights and other proprietary rights of these third parties.

Trademarks.  All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to “WSPA,” are proprietary to WSPA 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 appropriate owner thereof.

Links to Other Websites.  For your convenience, this Site may contain links to other websites. If you use these links, you will leave this Site. WSPA is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not WSPA is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by WSPA of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

Jurisdictional Issues.  This Site is controlled and operated by WSPA from its offices within the State of California, in the United States of America. WSPA makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. No information from this 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 downloading or using information from this 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.

Termination.  WSPA may terminate your use of this Site at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all materials obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

Disclaimer.  THE FEATURES, SERVICES AND INFORMATION IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WSPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WSPA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WSPA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE ITEMS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability.  TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WSPA BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, EVEN IF WSPA OR A WSPA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

Indemnity.  You agree to indemnify, defend and hold WSPA and its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms or (ii) your activities in connection with this Site.

Children.  This Site is a general audience site. WSPA does not seek through this Site to gather personal information from or about persons under the age of 13.

Privacy.  Use of this Site is also governed by WSPA’s privacy policy, available in the footer of this Site.

Other.  These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to legal@wspa.org. We will endeavor to respond to you promptly.