I. GPA Midstream and GPSA Websites and Member Portal Usage
The following terms and conditions govern your use of the GPA Midstream Association (“GPA Midstream”) and GPSA Association(“GPSA”) websites and member portal (the “Sites”). By accessing, viewing, or using the material on the Sites, 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 Sites and should exit immediately. GPA Midstream and GPSA reserves the right to change the terms and conditions under which the Sites is offered. Any such changes are effective immediately upon posting. You are responsible for regularly reviewing these terms and conditions, and your continued use of the Sites constitutes your agreement to all such terms and conditions.
Copyright
The Sites and all of their contents are protected by the copyright laws of the United States. Unless otherwise noted in a specific location on the Sites, you may not copy or download any of the material contained on the Sites in whole or in part without the express written authorization of GPA Midstream or GPSA, as applicable. You may not publish, modify, transmit, reproduce, create new works from, distribute, sell, loan, nor in any way exploit any of the material contained on the Sites in whole or in part, including such material permitted to be copied or downloaded, without the express written authorization of GPA Midstream or GPSA, as applicable. Elements of the Sites 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 Sites may be copied or transmitted unless expressly permitted in writing by GPA Midstream or GPSA, as applicable.
Trademark
Except as otherwise indicated, GPA Midstream or GPSA, as applicable, owns all trademarks, service marks, certification marks, and logos featured on the Sites, including the terms “GPA Midstream” and “GPSA”'. Use of these marks without the express written permission of GPA Midstream or GPSA, as applicable, is expressly prohibited.
Legal Compliance
As a condition of your use of this site, you agree not to use the Sites for any purpose that is unlawful or prohibited under these terms and conditions. You agree that you are solely responsible for: (i) your compliance with all applicable laws and regulations, and (ii) monitoring any modifications to applicable laws. You agree you will not use the Sites to export, re-export or disclose any product or technical data contrary to the laws and regulations of the United States, or to any country, entity or other party which is ineligible to receive such items under U.S. laws and regulations, including regulations of the U.S. Department of Commerce or the U.S. Department of the Treasury.
Access to Secure Areas
You agree that you will not attempt to access password protected and/or secure areas of the Sites, if any, 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 express written authorization of GPA Midstream or GPSA.
Submissions and Postings
The Sites may contain collaboration areas designed to enable you to exchange information with GPA Midstream, GPSA, and others. You agree that nothing submitted by you to this Sites shall contain any material that:
· 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 and privacy 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 GPA Midstream.
· 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 GPA Midstream, GPSA, and users of the Sites 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 neither GPA Midstream nor GPSA has any obligation to monitor these materials, GPA Midstream and GPSA reserve the right to review materials that are posted on the Sites and has the right to terminate your access to the Sites at any time and for any reason without providing notice to you. GPA Midstream and GPSA reserve the right to remove, edit, or refuse to post any information that it deems inappropriate.
You agree that GPA Midstream and GPSA may disclose any information involving you (including your identity) if they believe that there is a violation of law or in response to any applicable law, regulation, legal process or government request.
Indemnification and Disclaimer
You agree to indemnify and hold GPA Midstream or GPSA and their 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 Sites. To the maximum extent provided by law, in no event and under no legal theory shall GPA Midstream or GPSA 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 the Sites or materials. Without limiting the foregoing, nether GPA Midstream or GPSA shall be liable for any harm caused by the transmission through the Sites of a computer virus, or other computer code or programming device, that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of a user’s software, hardware, or property.
Jurisdiction
Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions contained in these terms and conditions. GPA Midstream controls and operates the Sites from the State of Oklahoma, United States of America. The terms and conditions for the Sites shall be governed and construed in accordance with the laws of the State of Oklahoma, without reference to its choice of law rules. By accessing, viewing, or using the Sites and the materials herein, you agree that any controversy or claim arising out of or relating to the use of the Sites and these terms and conditions shall be resolved by the federal and local courts presiding in the State of Oklahoma and you hereby waive any and all jurisdictional and venue defenses otherwise available.
II. GPA Midstream Events
GPA Midstream is pleased to host training and networking events, including meetings of its board and committees, Introduction to Midstream, GPSA Engineering Data Book Training, the School of Chromatography, the Technical Conference, and the Annual Convention (each a “GPA Midstream Event”). Registration, attendance, and participating in a GPA Midstream Event is entirely voluntary.
Participants in a GPA Midstream Event may have the opportunity to participate in hands-on curriculum involving lectures, demonstrations, and the operation of equipment, such as chromatography equipment. Participants acknowledge that such curriculum presents risks of injury to people and damage to property.
Each participant in a GPA Midstream Event voluntarily assumes all risks that may occur as a result of his/her participation in the event and releases and discharges GPA Midstream Association, GPSA Association, each of their employees and officers, other volunteers, other attendees, and the owner and/or operator of the event site from, and waives any and all claims which may arise in connection with the GPA Midstream Event, including any negligent acts or omissions by the released parties. Each participant in a GPA Midstream Event further releases and discharges the released parties from responsibility for any accident, illness, injury including death, damage to or loss of property, or any other consequence arising or resulting directly or indirectly from the GPA Midstream Event caused by any person, and further agrees to indemnify and hold GPA Midstream or GPSA and their 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 his/her participation in the GPA Midstream Event. To the maximum extent provided by law, in no event and under no legal theory shall GPA Midstream or GPSA be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including without limitation, lost revenues or lost profits, which may result from a party’s participation in a GPA Midstream Event.
III. Publications and Training Materials
Users of the Sites and any participant at a GPA Midstream Event acknowledge that all standards, technical publications, training materials, event proceedings, and other data made available through the Sites or at the GPA Midstream Event, including without limitation the GPSA Engineering Data Book, (collectively “Publications”) are published by GPA Midstream or GPSA as a service to the gas processing industry.
Unless otherwise specifically noted in a Publication, all rights are reserved by GPA Midstream or GPSA as applicable, and the contents of all material in the Publication are copyrighted by GPA Midstream or GPSA as applicable. Unless specifically authorized within the text of a Publications, content may not be reproduced, disseminated, published, or transferred in any form or by any means, except with the prior written permission of GPA Midstream or GPSA as applicable,
Reference in a Publication to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by GPA Midstream and GPSA.
While GPA Midstream and GPSA have made every effort to present accurate and reliable technical information in the Publications, the use of such information is voluntary and GPA Midstream and GPSA do not guarantee the accuracy, completeness, efficacy, timeliness, reliability, or suitability of any Publication. All Publications are provided “as is” without warranty of any kind, either express or implied, including but not limited to the warranties of accuracy or reasonableness of actual or scientific assumptions, studies or conclusions, merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
In no event will GPA Midstream or GPSA and their members be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, reference to or reliance on the information in a Publication, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
You agree to indemnify and hold GPA Midstream, GPSA and their 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 the Publications.
