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Terms of Use Statement


This Terms of Use agreement ("Agreement") is between the American Public Power Association and its affiliated entities (collectively, "APPA," "we" or "ours") and You and Your agents ("You" or "Yours") for the use of the APPA web site located at www.publicpower.org (the “Site”).  This Agreement governs the use of the Site by all users of the Site. To use the Site, including becoming a registered user of the Site and making purchases, You must accept the provisions of this Agreement. If You do not agree, You may not access the Site. By accessing or using the Site, You agree to be bound by this Agreement and by any amendments in effect at the time of Your visit. APPA reserves the right to change, modify, add or remove any part of this Agreement and to discontinue or revise any or all aspects of the Site, in its sole discretion at any time and without prior notice.  When the terms of this Agreement are changed, APPA will post a general conspicuous notice on the Site.

1. Registration and Login Information

a.       In order to make purchases and access certain features or materials on the Site, You must first register and log in with an email address and password of Your choice.  When You register,  You agree to: (i) provide true, accurate, current and complete information about Yourself as prompted by the Site's registration form (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

b.     You are responsible for maintaining the confidentiality of the password and account, and You are fully responsible for all activities that occur under Your password or account. You agree to: (i) not allow any third party to use Your password and account under any circumstances; (ii) immediately notify APPA of any unauthorized use of Your password or account or any other breach of security; and (iii) ensure that You log out of Your account at the end of each session. APPA will not be responsible or liable for any loss or damage arising from or in connection with Your failure to comply with these requirements or any theft, misappropriation, disclosure, or unauthorized use of Your login information. 

c.  You acknowledge and agree that APPA may terminate Your access privileges if APPA believes that You have violated any provision of this Agreement. You agree that any termination of Your access to the Site shall not result in any liability or other obligation of APPA, its officers, employees, representatives or affiliates.

d.  Consent to Electronic Communications and Solicitation. By registering for the Site, APPA reserves the right to send You communications or data regarding its publications and products, service offerings, and events of APPA, including but not limited to (i) notices about Your use of the Site, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding APPA products and services, via electronic mail.  In the event that we send such communications, You will have the opportunity to opt-out of receiving future messages.

2. Purchasing Publications through the Site

a.  Through the Site, APPA offers a variety of publications and materials for purchase in hard copy format (“Hard Copy Purchased Materials”) and/or electronic format (“Electronic Purchased Materials”).  Hard Copy Purchased Materials and Electronic Purchased Materials are collectively referred to as “APPA Product Store Materials.” 

b.  Before You can complete a purchase through the Site, You must check the box "I have read and understand the Terms of Use Agreement and agree to its terms" during the checkout process.  Your purchase of APPA Product Store Materials through this Site constitutes Your acceptance and agreement to all of this Agreement’s terms and conditions.  If You do not wish to accept the terms and conditions of this Agreement, You cannot proceed with a purchase.

3. Intellectual Property Rights

a.  Ownership of Intellectual Property.  The “Site Materials” includes all trademarks, service marks, logos, trade dress, trade names, copyrights, information, content, data, images, photographs, audio and video material, webinars, artwork, text, graphics, multimedia content, compilations, and other material that You see or read on the Site and all related code and material of any kind or nature, except for APPA Product Store Materials and Submitted Materials (as defined in Section 5a below). At all times, APPA or its licensors shall retain all right, title and interest in and to the Site, the Site Materials and APPA Product Store Materials, and APPA reserves all rights not specifically granted in this Agreement.

b.   Trademarks.  This Site contains valuable trademarks owned and used by APPA.  APPA uses these trademarks to distinguish its goods and services from those of others.  The Site may also contain references to other entities' trademarks and service marks.  Such references are for identification purposes only and are used with permission of their respective owners.  APPA does not claim ownership in, or any affiliation with, any third party trademarks or service marks appearing on the Site. You agree not to use or display trademarks without the prior written consent of APPA or the owner of such mark.

c.  Site Materials License.  APPA grants You a nonexclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Site and Site Materials solely for Your noncommercial personal use.  The Site Materials may not be reproduced, retransmitted, or published in any form without the prior written permission of APPA.

d.  Hard Copy Purchased Materials License. APPA grants You a nonexclusive, non-sublicensable, limited license to access and use Hard Copy Purchased Materials, subject to the restrictions included in this Agreement.  

e.  Electronic Purchased Materials License.   For all Electronic Purchased Materials, APPA hereby grants You a nonexclusive, non-transferable, non-sublicensable, limited, revocable license to access, view, display, save, download (if Your purchase gives You that option) and print one copy of the Electronic Purchased Materials for noncommercial purposes.  This license does not convey to You any right, title or interest in the Electronic Purchased Materials, but only constitutes a limited license to use the Electronic Purchased Materials as specified herein.  APPA reserves the right to modify or discontinue offering Electronic Purchased Materials at any time.

f. Restrictions on Use.  Notwithstanding the licenses granted under this Section 3, this Agreement expressly prohibits You from doing any of the following:

i.          Restrictions on Site Materials and Electronic Purchased Materials.  You may not (a) reproduce, copy, modify, publish, transmit, create derivative works from, distribute, publicly display, lend, rent or sell, use for any or commercial purpose, or in any other way exploit Site Materials and Electronic Purchased Materials, in whole or in part, other than as expressly set forth herein; and (b) use Site Materials or Electronic Purchased Materials in any way that interferes with or disrupts the integrity of performance of the Site, Site Materials or Electronic Purchased Materials or interferes with others’ use of the Site, Site Materials or Electronic Purchased Materials.

ii.         Restrictions on Hard Copy Purchased Materials.  You may not reproduce, copy, modify, publish, create derivative works from, or publicly display Hard Copy Purchased Materials unless APPA gives You express prior written permission.

iii.        Restrictions Applicable to All Site Materials and APPA Product Store Materials.  You may not (a) remove or alter any copyright or trademark notices referenced in Site Materials or APPA Product Store Materials; or (b) display or use any trademarks or service marks in any way that implies an affiliation with or endorsement by APPA where none actually exists.

4. Links

The Site may contain links to pages on other sites, and those sites may offer products, services, or other resources. APPA does not make any representation with respect to the quality, non-infringement, accuracy, completeness, timeliness, or reliability of any materials, information, services, or products offered on such sites. Because APPA has no control over such sites and resources, You acknowledge and agree that APPA has no responsibility for the accuracy of information provided by, or available via, other sites. Links to external sites do not constitute an endorsement by APPA of the sponsors of such sites or the content, products, advertising, or other materials presented on those sites. You further acknowledge and agree that APPA is not responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.

5.  User Conduct and User Submissions

a.       APPA may permit You to submit material for posting on the Site, including, without limitation, content, information, ideas, comments, blogs, video, audio, research, curricula, suggestions or other materials ("Submitted Materials"). APPA does not warrant or make any representation whatsoever, and does not make any guarantee regarding, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or any other attribute of Submitted Materials. Submitted Materials are the sole responsibility of You.

b.      You are entirely responsible for everything You upload, post, email or otherwise make available on the Site; provided, however, that by uploading, posting, emailing or otherwise making available any communications or Submitted Material,  You hereby grant to APPA a non-exclusive, royalty-free, transferable, perpetual, worldwide, license to copy, prepare derivative works, improve, distribute, publish, retain, and commercialize Submitted Materials or any other submissions by You to the Site.

c.       With respect to any and all Submitted Materials and any other information or material submitted by You, You hereby warrant and represent that such Submitted Materials: (i) are true, accurate, authorized, and complete; (ii) are not unlawful, obscene, fraudulent, indecent; do not defame, abuse, harass, or threaten others; and are not hateful or racially, ethnically or otherwise objectionable; (iii) do not contain any software viruses, Trojans, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (iv) do not advocate or encourage any illegal activity; (v) do not infringe the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contractual, personal or other right of any third party; (vi) do not violate the privacy of individuals, including other users of the Site and do not impersonate any other person or entity; and (vii) do not violate any applicable local, state, national or international law.

6.  Privacy Policy

You may view our Privacy Policy at

 www.publicpower.org/About/interiorsidebar.cfm?ItemNumber=38925&navItemNumber=37591.    The terms and conditions of the Privacy Policy are hereby incorporated by reference herein.

7. Infringement Complaints - Digital Millennium Copyright Act Notice

a.     APPA respects others' intellectual property rights and has made every effort to secure appropriate clearances for all content that APPA directly makes available on the Site and we ask that our users to do the same. APPA may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers of intellectual property. Pursuant to the Digital Millennium Copyright Act (“DMCA”), APPA has a designated agent to receive copyright infringement claims.  If You believe any material on the Site is infringing and has been posted by APPA, APPA’s users or any other party, You may notify APPA of the alleged infringement by contacting APPA’s designated DMCA Agent at:

 

Delia Patterson, Esq.

This e-mail address is being protected from spambots. You need JavaScript enabled to view it American Public Power Association
2451 Crystal Drive, Suite 1000
Arlington, VA 22202-8401

dpatterson@publicpower.org

 

b.     Please include the following information in Your notice:

1.    Identification of the work(s) claimed to have been infringed and a statement of ownership of such work(s);

2.    Identification of the material on the Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

3.    Information reasonably sufficient to permit us to contact You, such as an address, telephone number and e-mail address at which You may be contacted;

4.    A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

5.    A statement, under penalty of perjury, that the information in the notice is accurate and that You are authorized to act on behalf of the owner; and

6.    Your physical or electronic signature.

8.  Disclaimer of Content

APPA, in its sole discretion, may at any time refuse or delete Submitted Materials it deems illegal, harmful to others, or inappropriate to the purpose of the Site. APPA does not undertake any obligation to monitor the Site for such material. The views, opinions, and accuracy of information posted on the Site by others are the responsibility of the poster. APPA does not control, verify, or endorse any of the Submitted Materials nor any other information or content not originating from APPA or APPA’s licensors.  APPA is not responsible for any person's misuse or misappropriation of any Site Materials, APPA Product Store Materials, Submitted Materials, or any other information contained on the Site or linked from the Site. 

9. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THE SITE MATERIALS AND APPA PRODUCT STORE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.  APPA DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

(ii) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APPA AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT;

(iii) ANY SITE MATERIALS OR APPA PRODUCT STORE MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL APPA BE LIABLE IN ANY WAY FOR SITE MATERIALS OR APPA PRODUCT STORE MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SITE MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE;

(iv) THE SITE, SITE MATERIALS AND APPA PRODUCT STORE MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL ADVICE.   YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF SITE MATERIALS AND APPA PRODUCT STORE MATERIALS TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OR APPLICATION OF ANY SITE MATERIALS OR APPA PRODUCT STORE MATERIALS, INCLUDING ADVICE YOU GIVE TO ANY THIRD PARTY; AND  

(v) IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.

10. Limitation of Liability

a.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL APPA, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, OR VENDORS OR ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY "APPA RELEASED PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO: (i) THE SITE; (ii) THE USE OR THE INABILITY TO USE THE APPA PRODUCT STORE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) MISUSE OF YOUR ACCOUNT INCLUDING BUT NOT LIMITED TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY AND SECURITY OF YOUR ACCOUNT; (v) THE SITE MATERIALS; (vi) APPA PRODUCT STORE MATERIALS; AND (vii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.

b. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE MATERIALS AND/OR APPA PRODUCT STORE MATERIALS IS TO STOP USING THE SITE OR APPA PRODUCT STORE MATERIALS. NOTWITHSTANDING THE ABOVE, APPA’S AGGREGATE LIABILITY ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, ANY APPA PRODUCT STORE MATERIALS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PURCHASE.  YOU AGREE THAT THIS LIMITATION OF LIABILITY IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER DISTRICT OF COLUMBIA LAWS OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWN.

11. Indemnification

You agree to defend, indemnify and hold harmless the APPA Released Parties from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising or resulting from (i) Your violation of this Agreement; (ii) Your unauthorized use of the Site, Site Materials and/or APPA Product Store Materials; (iii) any incomplete or inaccurate Registration Data; or (iv) Your negligence or wilful misconduct. APPA reserves the right, at its discretion, to assume or participate, at Your expense, in the investigation, settlement and defense of any action or claim to which it is entitled to indemnification.

12.  Your Representations and Warranties

By Your use of the Site, You represent and warrant that: (1) You are at least 18 years old and have the legal capacity to be bound by this Agreement; (2) You have read, understand, and hereby agree to be legally bound by this Agreement; and (3) the Registration Data You provide in registering for the Site and purchasing APPA Product Store Materials is accurate and complete.

13.  Miscellaneous

a.         Governing Law.  This Agreement and the relationship between You and APPA shall be governed by, construed and enforced in accordance with the laws of the District of Columbia, without regard to any conflicts of laws principles.

b.         Arbitration.  Any controversy or claim You have shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. The arbitration shall be held in Washington, District of Columbia, U.S.A. All submissions to the arbitrator, the proceedings, and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator's award shall be final and binding. The courts of the United States District Court for the District of Columbia shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any controversy or claim You have arising out of or relating to this Agreement. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and You will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT. APPA reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to this Agreement. You irrevocably agree that any and all disputes, claims and causes of action You may have in connection with or related to the Site and APPA Product Store Materials will be resolved individually, without resort to any form of class action.  If, for any reason, any claim or dispute is subject to litigation rather than arbitration, You agree that such litigation may be conducted only in local or federal courts in Washington, District of Columbia, U.S.A. and You agree to submit to the jurisdiction of such courts.

c.         If any provision of this Agreement or the APPA Privacy Policy is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder and shall not affect the validity and enforceability of any remaining provisions, which will remain in force.

d.         You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Site, Site Materials, APPA Product Store Materials, or this Agreement must be filed within one (1) year after such claim arose or be forever barred.

Last Updated: May 14, 2014