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Welcome
to the API Diesel Exhaust Fluid Certification Program, 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, exceed $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 a 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,
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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