The Canadian Association of Petroleum Producers (“CAPP”) welcomes you to this website (collectively, the “Website”). The terms “we”, “us”, and “our” refer to CAPP, and the terms “you” or “yours” refers to you, as user of the Website.
Please read these Website Terms of Use (the “Terms of Use”) before using the Website. The following sets out the terms and conditions under which you may access and use the Website, together with any information, materials, microsites, data, publications, designs, graphics, infographics, maps, images, charts, user interfaces, applications, computer software, computer code, audio, video, documents, records, trademarks, logos, icons, trade names, reports, text, algorithms, calculators, and other content contained on or accessible through the Website (collectively, the “CAPP Materials”).
Your access or use of the Website will signify your acceptance of the Terms of Use; and if you are accessing or using the Website on behalf of any organization, then you are agreeing to these Terms of Use on behalf of that organization. Once accepted, these Terms of Use will constitute a binding agreement between CAPP and you governing your access to and use of the Website. If you do not agree to these Terms of Use, do not access or use the Website.
By proceeding to access or use the Website, you represent that: (i) you have read and accepted these Terms of Use; and (ii) you are at least the age of majority in the jurisdiction in which you reside and possess the legal capacity to enter into these Terms of Use. You may print a copy of these Terms of Use for your records at any time by using the “print” function on your Internet browser.
1. INTELLECTUAL PROPERTY RIGHTS
All rights to any copyrights, patents, trademarks, service marks, confidential information, trade secrets and other intellectual property rights in and to the Website and the CAPP Materials remain solely with CAPP and its licensors. Except for the limited license granted to you in this Section 1, no part of the Website or any CAPP Materials may be used, reproduced, stored, displayed, modified, transmitted, retransmitted or otherwise exploited in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without CAPP’s express prior written consent.
Any rights or licenses not expressly granted in these Terms of Use are expressly reserved by CAPP. Nothing in these Terms of Use constitutes a waiver of moral rights. Conditional upon your continued compliance with these Terms of Use, CAPP grants you a gratuitous, limited, revocable, and non-exclusive license to download, display and print CAPP Materials for personal, non-commercial, or educational purposes or use only. For any portions of the CAPP Materials licensed, provided, contributed, or made available by third parties, written permission for use from such third parties will be required, and it is your responsibility to seek and obtain such permission. Any other use, copying, reproduction, publication or republication, modification, download, upload, posting, distribution, dissemination, or transmission of the CAPP Materials is prohibited and constitutes infringement and violation of the intellectual property rights (including but not limited to copyright), and proprietary rights of CAPP and its licensors, providers, suppliers, authors, contributors, and members, and is strictly prohibited without the express written consent of CAPP.
2. CODE OF CONDUCT
While using the Website, you agree to comply with all applicable laws, regulations, and rules. You further agree that you will not, nor permit any third party to:
• mirror or frame any part of the Website;
• use any meta tags or any other “hidden text” utilizing CAPP’s name or trademarks without the express written consent of CAPP;
• decompile, disassemble, or reverse engineer the Website, the CAPP Materials, or any portion of either of the foregoing;
• distort the completeness and accuracy of the CAPP Materials or misidentify the source of the CAPP Materials;
• use or display any of the CAPP Materials in connection with, or in association with, any information, statement, or other representation that may reasonably be considered disparaging or negatively describing or depicting CAPP or its licensors, providers, suppliers, authors, contributors and members;
• access data or take any action to obtain any services made available on the Website that are not intended for you or your use;
• not interfere with the security of, or otherwise abuse, the Website, or any system resources, services, or networks connected to or accessible through the Website;
• attempt to probe, scan, or test the vulnerability of any system, subsystem, or network of CAPP or its service providers;
• enter restricted areas of CAPP’s computer systems or perform functions that you are not authorized to perform; tamper, hack, modify, or otherwise corrupt or breach security or authentication measures without proper authorization from CAPP;
• send unsolicited communications, promotions, or advertisements or spam through the Website;
• transmit viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines, engines, or other components which can: (i) damage, destroy, disrupt, or otherwise impair the functionality or operation of a website, software, or any information technology systems; and/or (ii) impair, delete, corrupt, or encrypt any information residing on any such systems (“Viruses”);
• interfere with, intercept, or expropriate any system or information; or
• use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Website’s root directory, CAPP grants to the operators of public search engines a revocable, limited, non-exclusive license to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly-available, searchable indices of such materials, but not caches or archives of such materials. For greater certainty, CAPP reserves the right to revoke such licenses either generally or in specific cases, at any time and without notice.
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Website and any CAPP Materials. For the avoidance of doubt, CAPP may, without notice, temporarily suspend your, or any other person’s, access to the Website if we reasonably suspect that you, or any other person, are obtaining unauthorized access to our systems or information, or are otherwise breaching these Terms of Use. These suspensions will be for such periods of time as CAPP may reasonably determine.
3. PRIVACY
CAPP has a privacy policy (the “Privacy Policy”) that sets forth the privacy policies and practices of CAPP as they relate to the collection, use, and disclosure of personal information. We encourage you to review our Privacy Policy periodically at www.capp.ca/privacy-policy/. You acknowledge that you have reviewed the Privacy Policy.
4. COMMUNICATIONS THROUGH THE WEBSITE
You acknowledge and agree that the Internet is not a fully secure medium; and any communication may be lost, intercepted, or altered. Accordingly, you agree not to submit or transmit any communication or materials through the Website that (i) is confidential, (ii) violates the legal rights of others or breach any legal duty owed to others, (iii) contains a Virus, (iv) incorporates copyrighted or other confidential or proprietary material of any third party without that party’s permission, or (iv) otherwise violates any applicable laws or regulations. CAPP shall not be subject to any obligations of confidentiality regarding any information or materials that you submit to us online except as (x) specified in these Terms of Use, (y) otherwise expressly agreed between you and CAPP, or (z) required by law or regulation.
5. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of any CAPP Materials. Viruses may also be inadvertently downloaded from the Website.
CAPP is not responsible for any Viruses that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any of the information or materials from the Website (subject to the license granted to you under Section 1). CAPP recommends that you install appropriate anti-virus or other protective software.
6. CONTENT THAT YOU SHARE WITH US
You agree that any questions, comments, suggestions, ideas, or other feedback that you provide through the Website (collectively, “Feedback”) is without obligation of any kind, and CAPP will be free to reproduce, use, disclose, and distribute such Feedback without limitation. You further hereby: (i) grant CAPP a non-exclusive, royalty-free, perpetual, worldwide right and license to use, sublicense (at any level), reproduce, distribute, create derivative works of, publicly display, publicly perform, and otherwise exploit any Feedback, including any materials and other information (including, without limitation, ideas for new or improved products and services) by any means and in any medium; (ii) waive all moral rights that you may have in the Feedback; and (iii) promise that any use, sublicense, reproduction, distribution, creation of derivative works of, public display, public performance, or other exploitation of any Feedback will not violate, infringe, or misappropriate any third party rights.
The Website may contain features that allow you to share your resume / CV with us. By doing so, you consent that we may use your resume / CV for the purposes that it was provided to us (e.g. to evaluate your suitability for a position with CAPP).
7. THIRD PARTY CONTENT AND WEBSITES
You acknowledge that the Website contains information and other material that is protected by copyright, trademark, or other proprietary rights of third party content providers (“Third Party Content”). You agree to comply with any additional copyright notices, information, or restrictions contained in any Third Party Content. You may not use, publish, transmit, transfer, sell, reproduce, distribute, perform, display, sublicense, modify, create derivative works of, or in any way exploit any of the Third Party Content, in whole or in part, without the applicable third-party content provider’s consent.
Additionally, CAPP does not control any third party website, and is therefore not responsible for the content of any linked website or any link contained in a linked website. Linked websites are not part of the Website. CAPP provides such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by CAPP of the linked website or information contained therein: CAPP does not make any representations regarding the privacy practices, content, or accuracy of materials on such third party sites. It is your responsibility to review: (i) the terms and conditions of any linked sites; as well as (ii) the privacy policies on any linked sites (as their privacy standards, policies, and procedures may be different than CAPP’s).
8. CHANGES TO THE WEBSITE
CAPP may revise, supplement, suspend, terminate, discontinue, or delete any information, materials, services, functionality, features, and/or resources contained in the Website, and reserves the right to make any such changes at any time and without prior notification to past, current, or prospective visitors. It is your responsibility to check for any such changes.
9. DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, THE CAPP MATERIALS, AND ANY LICENSES GRANTED TO YOU HEREUNDER ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS, AND ARE USED BY YOU AT YOUR SOLE RISK. CAPP MAKES NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS, OR REPRESENTATIONS WHATSOEVER, INCLUDING THOSE IMPLIED BY STATUTE OR LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAPP SPECIFICALLY DISCLAIMS ANY WARRANTIES, GUARANTEES, CONDITIONS, OR REPRESENTATIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CAPP ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OR OMISSIONS IN THE CAPP MATERIALS.
CAPP DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE CAPP MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. CAPP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS, OR LIMITATIONS IN THE OPERATION OF THE WEBSITE OR ANY CAPP MATERIALS.
10. EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAPP OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, PARTNERS, REPRESENTATIVES, OR AGENTS (COLLECTIVELY, THE “CAPP PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, OR IN CONNECTION WITH YOUR USE OF, RELIANCE UPON, OR ACCESS TO THE WEBSITE, ANY LINKED THIRD PARTY WEBSITE, ANY THIRD PARTY CONTENT, THE CAPP MATERIALS, OR ANY LICENSES GRANTED TO YOU HEREUNDER: (I) EVEN IF CAPP OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) REGARDLESS OF WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. IN NO EVENT SHALL THE CAPP PARTIES’ LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $10.00.
THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR CAPP TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN, AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY CAPP, CAPP WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, CAPP’S LIABILITY HEREUNDER SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify and hold CAPP and each of the CAPP Parties harmless against all claims or liability arising out of or in connection with any breach by you, or anyone acting on your behalf, of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims.
12. TERM AND TERMINATION
CAPP may terminate these Terms of Use, as well as your ability to use the Website, at any time, with or without cause, including, but not limited to, a violation of these Terms of Use. CAPP will not be liable to you or any third party for any such termination. You are under no obligation to use or continue to use the Website.
13. GOVERNING LAW AND JURISDICTION
CAPP is headquartered in Alberta, Canada; and the Website is controlled, operated, and administered by CAPP from Alberta, Canada. The Website may be accessed from all provinces and territories of Canada, as well as other countries around the world. As each of these jurisdictions has laws that may differ from those of Alberta, Canada, by accessing the Website, you acknowledge and agree that all matters relating to these Terms of Use and access to, or use of, the Website (including the CAPP Materials), and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein (without reference to conflicts of laws principles). To the fullest extent permitted by law: (i) you agree that any legal action or proceeding between you and CAPP which in any way concerns these Terms of Use or the use of the Website or the CAPP Materials shall be brought exclusively in the courts in Alberta, Canada; and (ii) you agree to waive any right you may have to commence or participate in any class action against CAPP relating to any such dispute and you also agree to opt out of any class proceedings against CAPP. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.
CAPP makes no representation that access to the Website or that the CAPP Materials is appropriate or legal in all jurisdictions. You may not access the Website or use the CAPP Materials in those jurisdictions where it would be illegal. In any case, your access to and use of the Website is entirely at your own initiative; and you are responsible for ensuring that all laws are complied with.
14. GENERAL
These Terms of Use constitute the entire agreement between CAPP and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and CAPP with respect to this Website. CAPP’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any of the provisions contained in these Terms of Use are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein. The headings contained in these Terms of Use are for convenience of reference only and do not form part of these Terms of Use.
Please note that portions of the Website may be governed by separate or additional policies, notices, disclaimers and/or other terms; and you will also be subject to such terms when accessing or using such portions of the Website.
To the extent that you may have any other agreement with CAPP, you acknowledge that any such agreement(s) are separate from, and in addition to, these Terms of Use. These Terms of Use do not modify, revise, or amend the terms of any other agreements you may have with us. To the extent any such separate or additional policies, notices, disclaimers, and/or other terms conflict with these Terms of Use, such other policies shall prevail.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention, ainsi que tous les documents qui s’y rattachent, soient en anglais.
Sections 4-16 shall survive any termination or expiry of these Terms of Use.
15. CONTACT INFORMATION
Canadian Association of Petroleum Producers
2100, 350 7th Ave SW
Calgary, Alberta T2P 3N9
Canada
1-403-267-1100
[email protected]
www.CAPP.ca
16. AMENDMENT TO TERMS OF USE
CAPP may amend these Terms of Use at any time and from time to time; and such amendments will be effective immediately upon our posting of the amended Terms of Use on the Website. You agree to review these Terms of Use periodically and that your continued access or use of the Website after any amendments will be deemed your conclusive acceptance of the amended Terms of Use. If you do not agree with any amendment, you must stop accessing and using the Website.
LAST UPDATED: January 1, 2024