ATPO TERMS OF USE

 

THE FOLLOWING TERMS OF USE APPLY TO YOUR USE OF THIS WEBSITE.  BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS AS THEY MAY BE AMENDED BY US FROM TIME TO TIME. PLEASE READ THEM CAREFULLY.

Electronic Communications.  You are communicating with us electronically when you visit ATPO’s website or send e-mails to us; and you consent to receive communications from us electronically.  ATPO’s website address is www.atpo.org.

Privacy Policy.  To access a copy of ATPO’s privacy policy which explains the way ATPO may use, store and disclose information provided by you to ATPO or information ATPO may maintain or store regarding you, please follow the link at the bottom of the webpage on main homepage of the site.

Copyright.  All content including but not limited to text, graphics, downloads and software included on this site is the property of ATPO or its licensors and protected by United States and international copyright laws.

License and Restrictions.  ATPO grants you a limited license to access and make personal use of this site.  Except as otherwise explicitly agreed in writing, ATPO owned content received through this website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by ATPO licensors may be subject to additional restrictions.  This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of ATPO.  You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to anyone, including but not limited to others in the same organization without ATPO’s express prior written consent.

Notice Specific to Software Available on This Web Site.  Any software including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") that is made available to download from the website is the copyrighted work of ATPO and/or its suppliers.  Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").  An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is licensed to you by us or third-party licensors for your personal use only.  We do not transfer title to the Software to you.  You may own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein.

The Software is made available for download solely for use by end users according to the License Agreement.  You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.  Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.  EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ATPO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, ATPO MAY MAKE AVAILABLE AS PART OF THE WEBSITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.  ATPO DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.  YOU MUST RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE WEBSITE OR IN ATPO SOFTWARE PRODUCTS.

No Unlawful or Prohibited Use.  As a condition of your use of the websites, you will not:

  1. Use the website for any purpose that is unlawful or prohibited by these terms, conditions and notices;
  2. Use the website in any manner that could damage, disable, overburden, or impair any ATPO server, or the network(s) connected to any ATPO server, or interfere with any other party's use and enjoyment of the website;
  3. Attempt to gain unauthorized access to any website, other accounts, computer systems or networks connected to any ATPO server or to any of the website through hacking, password mining or any other means;
  4. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the website;
  5. Use data mining, robots, screen scraping or similar data gathering and extraction tools on this site;
  6. Use any meta tags or any other "hidden text" utilizing ATPO's name service or trademarks or trade dress without the express written consent of ATPO;
  7. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  8. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  9. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
  10. Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
  11. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  12. Harvest or otherwise collect information about others, including e-mail addresses;
  13. Use the site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  14. Violate any applicable laws or regulations; and
  15. Use our sites, services or tools if you are not able to form legally binding contracts.

Any unauthorized use automatically terminates any permission or license granted by ATPO and ATPO reserves the right to pursue all of its legal remedies for such infringement.

Trademarks.  ATPO logos, graphics including print style and colors used, names and acronyms are trademarks, service marks or trade dress of ATPO and may not be used without the prior express written consent of ATPO.  All permitted users must include taglines identifying the marks as belonging to ATPO and being used with permission.  Other trademarks or service marks that may appear on this site are the property of their respective owners and may not be used without prior permission of such owners.

Postings, Feedback and Other Material Supplied by You.  If the ATPO site provides you the opportunity to provide your feedback and suggestions or to otherwise post, upload, input or submit for review by others using the ATPO site (“Submissions”) you agree that ATPO and its affiliated entities may use your Submission in connection with the operation of their businesses  including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights.

Except as otherwise agreed between you and ATPO pursuant to a separate agreement signed by both ATPO and you, ATPO will not pay any compensation to you for the use of your Submission.  ATPO is under no obligation to post or use any Submission you may provide, and may remove any Submission at any time in its sole discretion.

You represent and warrant that with respect to any Submission you make, you have full legal right under copyright and any other applicable law to provide, post, upload, input or submit the Submissions and to grant the licenses and sublicenses described in these Terms of Use.

Links to Third Party Sites.  The Site may provide you with links to sites not operated or supported by ATPO that will let you leave ATPO’s site.  The linked sites are not under the control of ATPO and ATPO is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites.  ATPO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ATPO of the site.

Third Party Content.  This Site may display content supplied by third parties and Users of the Site.  Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, or any other user of the Site are those of the respective author(s) or distributor(s) and not of ATPO.

Monitoring.  ATPO has the right, but not the obligation, to monitor the content of the Site to determine compliance with the Terms of Use and any other operating rules established by ATPO.   ATPO has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site.  Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions of the Terms of Use or otherwise objectionable or stale.  Notwithstanding this right, you remain solely responsible for the content of you Submissions.  You acknowledge and agree that neither ATPO nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct, communication or posting on the Site. 

Links to ATPO.  You may not create a hyperlink to the ATPO site without ATPO’s express written consent signed by the Executive Director of ATPO.

Secured areas/passwords.  Some portions of this site are restricted and require authorization for access.  Unauthorized use of or access to these areas is prohibited.  Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution.  Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system.  If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password.  DO NOT SHARE YOUR PASSWORD WITH ANYONE.  ATPO will not ask you for your password.  If you know or suspect that your password has been compromised, change your password immediately.  If you suspect any unauthorized activity related to your account, you should contact ATPO.  ATPO will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else.

DISCLAIMER.  THIS SITE IS PROVIDED BY ATPO ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATPO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ATPO RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.  ATPO DOES NOT WARRANT THAT THE WEB SITE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE WEB SITE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE.

ATPO DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM ITS CUSTOMERS OVER THE INTERNET, TELEPHONE SYSTEM OR OTHER FORM OF COMMUNICATION SYSTEM.  SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF EQUIPMENT OR WEBSITE PROVIDED OR CONTROLLED BY THIRD PARTIES.  AT TIMES, ACTIONS OR INACTIONS CAUSED BY SUCH THIRD PARTIES MAY PRODUCE SITUATIONS IN WHICH THE WEBSITE MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH ATPO WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, ATPO CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR.  ACCORDINGLY, ATPO DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ATPO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATPO DOES NOT WARRANT THAT THIS SITE, ITS SOFTWARE PROVIDED ON THIS SITE, IT’S SERVERS OR E-MAIL SENT FROM ATPO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ATPO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Health Information.  This site may contain information on health-related topics.  This information is not meant to be a substitute for the advice provided by your own doctor.  You should not use this information for diagnosing a health problem or disease but should always consult your own doctor.

Applicable Law.  The laws of the state of Minnesota without regard to principles of conflict of laws will govern these Terms of Use and any dispute that might arise between you and ATPO or its affiliates.

Disputes.  Any dispute relating in any way to your visit to ATPO shall be submitted to confidential arbitration in Minneapolis, Minnesota, except that, to the extent you have in any manner violated or threatened to violate ATPO's intellectual property rights, ATPO may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnity.  You agree to indemnify and hold ATPO its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including costs and reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, any Submissions you make, your violation of the TOS, or your violation of any rights of another.

Restrictions International Use and Export and Import Compliance.  Use of the Site and transfer, posting and uploading of software, technology, and other technical data via the Site may be subject to the export and import laws of the United States and other countries.  You agree to comply with all applicable export and import laws and regulations.  In particular, you:  (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Site to parties identified on such lists; (b) agree not to use the Site for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Site any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

Site Policies, Modification, and Severability.  Please review our other policies.  These policies also govern your visit to ATPO.  We reserve the right to make changes to our site, policies, and these Terms of Use at any time.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

Hyperlinking to the ATPO Sites.  You may not hyperlink to this Site unless you have the advanced written and signed permission from the ATPO Executive Director.  If you are granted permission to hyperlink you will have a limited, revocable, nonexclusive right to create a hyperlink to this Web site provided you comply at all times with all of the following conditions:

  • The hyperlink must resolve to ATPO’s page at www.atpo.org or to another of ATPO’s webpages as agreed to in writing as part of the permission.
  • The text of the hyperlink on the linking website must include the terms “ATPO” or www.atpo.org (you may not use any ATPO logo or other proprietary graphic, including but not limited to banner advertisements, as part of the hyperlink without the prior written permission of ATPO);
  • The hyperlink and surrounding context on the linking website must not falsely represent or suggest any relationship between the linking website and ATPO (including suggestions of affiliation, endorsement or sponsorship);
  • The hyperlink and surrounding context on the linking website must not portray ATPO or its products or services in a false, misleading, derogatory or otherwise offensive manner;
  • The hyperlink must deliver users directly to this website unaltered, unmodified and unadulterated in any way by the hyperlinking Web site.

Notice.  ATPO may provide you with notices, including those regarding changes to the Terms of Use including but not limited to email, regular mail, text message, postings on the Site or other reasonable means now known or hereafter developed.

California Residents.  In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 800-952-5210.

How to Contact Us.  To contact ATPO send an e-mail to: atpo@atpo.org