Terms & Disclaimer

Terms of Use

This Website ("Website") and all the data, information, publications, designs, graphics, infographics, maps, charts, photographs, images, user interfaces, applications, computer software, computer code, audio, video, documents, records, trademarks, logos, icons, names, trade names, presentations, reports, text,  materials, and works of any kind (whether subject to copyright or not) contained in or accessible through the Website (“Content”) is owned, operated and made available by the Canadian Association of Petroleum Producers, Calgary, Alberta, Canada (“CAPP”), and its licensors, providers, suppliers, authors, contributors and affiliates.   

Your access to the Website and permitted use of the Content is strictly conditional on your agreeing to, and complying with, on a continuous and ongoing basis, the following disclaimers, limitations of liability, indemnities, and website terms of use (collectively "Terms of Use").  If you do not accept these Terms of Use, your access to and use of this Website and the Content is prohibited.   By accessing the Website and/or viewing, downloading or using the Content, and in consideration of CAPP’s grant of license and access to and use of the Website and the Content, you enter into a legal contract and agreement with CAPP, the terms of which contract and agreement are as stated in these Terms of Use.    

CAPP may change these Terms of Use from time to time by posting the revised Terms of Use on the Website, and you agree to check for such changes each time you visit the Website. Your continuing to use or access the Website or the Content following CAPP posting revised Terms of Use constitutes your acceptance of the revised Terms of Use.

All Content is exclusively for general information purposes and personal and non-commercial use.  Any other use is expressly prohibited.   The Content is available only under the terms and conditions set out in these Terms of Use.

The Content does not contain or provide business, financial, technical or legal advice. The website is not available or to be used where prohibited by law.

Our policies with respect to the collection, use or disclosure of personal information with respect to this Website is described in our Website Privacy Policy <link>.

Alberta Law Exclusively Applies 

These Terms of Use are deemed to be a contract made in the province of Alberta. The laws of the province of Alberta, and the laws of Canada applicable in Alberta, will govern use of this Website and the Content, and the interpretation, validity and effect of these Terms of Use, regardless of your physical location (whether permanent or temporary), residence or domicile.

In any action or proceeding related to this Website, the Content, your use thereof or, subject to the provisions of any other agreement between you and CAPP, your other dealings with CAPP, you irrevocably consent, submit and attorn to the exclusive jurisdiction of the courts of the province of Alberta, or the Federal Court of Canada for matters falling under exclusively federal jurisdiction, sitting at Calgary, without regard to the conflicts of laws provisions of such courts,

You agree to not commence any such action or proceeding except in Calgary, Alberta, Canada, and you agree to not commence any action by way of class proceedings or class action, provided that nothing in the foregoing will restrict CAPP from seeking an injunction or other equitable relief in any court of competent jurisdiction if required to restrain a breach or threatened breach of these Terms of Use by you.

Grant of License

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 the Content for personal, non-commercial or educational purposes or use only.  To obtain permission for any use of the Content other than personal use, you will first contact corporatecomms@capp.ca to request such permission, which may be unreasonably withheld or delayed.  For any portions of the Content 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 Content 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 affiliates, and is strictly prohibited without the express written consent of CAPP. 

In all cases the foregoing grant of license is and will be further conditional upon your agreement as follows: (i) you will not modify, edit, crop, alter, distort or mutilate the Content, (ii) you will ensure that any display, copying or use of the Content maintains the completeness and accuracy of the Content, (iii) you will ensure that all proprietary marks, including without limitation copyright, patent or trademark notices, and statements of authorship, source or attribution, are not removed, deleted, altered or obscured, (iv) you will ensure that CAPP or any other stated source of Content is and remains identified as the source; (v) you will not state or represent, expressly or impliedly, that any use, display, reproduction, development, creation or authorship of the Content is, or has been in affiliation with CAPP, or with the endorsement or approval of CAPP, and (vi) you will not use or display any of the Content 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 affiliates.        

DISCLAIMER OF WARRANTIES AND CONDITIONS

THE WEBSITE AND THE CONTENT ARE PROVIDED AND MADE AVAILABLE STRICTLY ON AN "AS IS, WHERE IS" AND AS AVAILABLE" BASIS.  CAPP DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR THE WEBSITE OR THE CONTENT. WHILE CAPP MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE ACCURACY, COMPLETENESS AND TIMELINESS OF THE CONTENT, CAPP DISCLAIMS ANY LIABILITY WHATSOEVER WITH RESPECT TO ERRORS OR OMISSIONS, HOWSOEVER CAUSED. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT MAY NOT BE THE MOST CURRENT OR ACCURATE SOURCE OF INFORMATION, AND YOU USE THE WEBSITE AND THE CONTENT ENTIRELY AT YOUR OWN RISK.   

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE, CAPP DISCLAIMS, AND YOU RECEIVE, NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ARISING UNDER STATUTE, CUSTOM OF TRADE, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT, OR YOUR ACCESS THERETO, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, FUNCTIONALITY, STRUCTURE, LAYOUT, OPERATION OR PERFORMANCE OF THE WEBSITE, OR THE TIMELINESS, CURRENCY, ACCURACY, COMPLETENESS, RELIABILITY, FITNESS FOR ANY PURPOSE OR QUALITY OF THE CONTENT.   

LIMITATION OF LIABILITY AND INDEMNITY

IN NO EVENT WILL CAPP, OR ANY OF ITS LICENSORS, PROVIDERS, AUTHORS, CONTRIBUTORS, SUPPLIERS, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, ADVISORS, OR AGENTS, BE LIABLE OR RESPONSIBLE FOR ANY LOSS, CLAIM, SUIT, COST OR DAMAGES OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OR DAMAGES FOR LOSS OF PROFITS, ECONOMIC LOSS, BUSINESS INTERRUPTION, INTERRUPTION OF ACTIVITIES, FAILURE TO REALIZE EXPECTED REVENUE OR SAVINGS, OR LOSS OF DATA, AND WHETHER ARISING OUT OF ANY USE OR MISUSE OF THE WEBSITE, OR ANY INTERPRETATION, RELIANCE UPON OR OTHER USE, WHETHER AUTHORIZED OR UNAUTHORIZED, OF THE CONTENT, OR ANY INFORMATION AVAILABLE VIA THE WEBSITE OR THE CONTENT.  

UNDER NO CIRCUMSTANCES WHATSOEVER WILL CAPP, OR ANY OF ITS LICENSORS, PROVIDERS, AUTHORS, CONTRIBUTORS, SUPPLIERS, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, ADVISORS, OR AGENTS BE LIABLE TO YOU OR ANY PERSON CLAIMING THROUGH YOU FOR ANY CLAIM IN EXCESS OF TEN ($10.00) DOLLARS IN CANADIAN CURRENCY. 

THE FOREGOING PROVISIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE AND NEGLIGENT MISSTATEMENT), CONTRACT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. 

IN CONSIDERATION OF YOUR ACCESS TO THE WEBSITE AND PERMITTED USE OF THE CONTENT, AND THE GRANT OF LICENSE FROM CAPP SET FORTH ABOVE, YOU UNDERTAKE AND AGREE TO FOREVER INDEMNIFY AND HOLD HARMLESS CAPP, AND ITS AFFILIATES, LICENSORS, PROVIDERS, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, AND AGENTS FROM ANY CLAIM, SUIT, COST OR DAMAGES OF ANY KIND ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, OR RELIANCE THEREON IN TAKING OR REFRAINING FROM ANY DECISION OR COURSE OF ACTION, WHETHER OR NOT SUCH RELIANCE WAS PERMITTED BY CAPP. 

Proprietary Rights

Unless otherwise stated, all the Content and any information thereon, including the selection and arrangement of the elements comprising the Website and the Content, are copyright © CAPP, or its licensors, providers, suppliers, authors, contributors and affiliates, all rights reserved.  CAPP and associated logos and designs are trademarks and the exclusive property of CAPP, all rights reserved.  The trademarks of third parties, if any, appear with any required licenses.  

Portions of the Content may not be owned by CAPP but are made available under license by third parties.  You will in all cases comply with the requirements of all third-party licensors.

Internet Communications and Email

The Internet is not a secure medium and data in transit or housed on computers is subject to possible interception, loss, corruption, alteration, unauthorized distribution or publication, or hacking or malicious human actions, for all of which CAPP assumes no liability. You use the Internet, email, the Website and the Content entirely and exclusively at your own risk. 

Any unprotected email or other communication over the Internet is not confidential, is subject to possible interception or loss, and is also subject to possible alteration. CAPP will not be responsible for, nor be liable to you or anyone else, for any damages in connection with any Internet communication with CAPP, nor for any email sent by you to CAPP, nor any email or other electronic communication sent by CAPP to you at your request or in response to information received from you.

Forward-Looking Statements

The Website and Content may contain certain forward-looking statements that are based on CAPP’s current expectations, estimates, projections and assumptions, and are made by CAPP in light of its past or current experience and its perception of historical trends. All statements that address expectations or projections about the future, including forecasts, are forward-looking statements. Forward-looking statements are not guarantees of future performance, involve a number of risks, uncertainties and assumptions, and may be incorrect or wrong. Readers of forward-looking statements are cautioned that, as a result of known and unknown risks, uncertainties and other factors, actual results may differ materially from anticipated results, predictions or forecasts expressed or implied by forward-looking statements. You acknowledge and agree that you accept, use or rely on any forward-looking statements entirely at your own risk.

CAPP is a not-for-profit corporation. The Content and all materials contained on, or available through the Website is for information purposes only and is not intended to constitute an offering in securities in any jurisdiction, or investment, business, operational, technical or financial advice, and should not be used for the purpose of making investment, business, operation, technical or financial decisions, or for taking, or refraining from taking, any course of action of any kind.

Third Party Links and Endorsements

From time to time, CAPP may post certain links on the Website or in the Content that lead to websites or online resources maintained by third parties over which CAPP has no control. CAPP accepts no obligation to post or maintain any such links, there may be no such links at any given time, and links may be added, removed or changed at any time without notice, and without liability to you.  If CAPP does provide such links, they will be deemed to have been provided solely as a convenience for users of the Website and the Content, and do not constitute an endorsement or approval by CAPP of the content of such third-parties or their websites, or their information, advice, opinions, products or services.  Your use of such links is and shall be entirely at your own risk.

Links to this Website may also be provided from other sites either known or unknown to CAPP, and access to any other website linked to this Website is also entirely at your own risk. CAPP makes no representations, warranties, conditions or guarantees regarding, and disclaims all liability and responsibility for, the privacy practices, content or accuracy of content on, or available through, all such third-party websites.  

Linking

You may link to the front page of this Website at www.CAPP.ca.   Any other link to this Website, and any linking to other web pages within the Website (sometimes referred to as “deep linking”) or framing of content on this Website, is prohibited without the prior written consent of CAPP.

General Terms

These Terms of Use will enure to the benefit of CAPP and its heirs, successor and assigns.  In the event that any portion of these Terms of Use is found to be invalid by a court of competent jurisdiction, such provision shall be severed from these Terms of Use, and the balance of these Terms of Use shall remain in full force and effect.

Contacting Us and Receiving Information

Subject to these Terms of Use, the Website permits you to contact CAPP to receive information, to subscribe to newsletters and/or other periodically distributed information, to provide CAPP with information, questions or comments, to submit a resume for consideration by CAPP, and for such other purposes as CAPP may permit from time to time.  

CAPP requests that you provide CAPP with only such personal information as you reasonably should disclose in order to permit CAPP to provide you with information, respond to you, consider your queries or consider you for employment.  CAPP accepts no liability for any failure to receive your information, or for any loss of, or damage to information in transit to CAPP, or received by CAPP.   Any personal information you provide is considered by CAPP to have been provided with your consent, permitting CAPP to collect, use and disclose such personal information for reasonable purposes related to your contacting CAPP or receiving information from CAPP.    

 

Click here to review our Privacy Policy

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