Please read these terms of use carefully before using the Website(s).
By using AFPM's Website(s), www.afpm.org and its subdomains of afpm.org (in Appendix A), and Apps (located in Appendix B) (“Website(s)”), you signify your acceptance of these terms and conditions of use ("Terms of Use") and the AFPM Privacy Statement. If you do not agree to all of these Terms of Use, and the Privacy Statement, do not use the Website(s).
American Fuel & Manufacturers Association ("AFPM") may revise these Terms of Use at any time. Your continued usage of the Website(s) will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on the Website(s) are protected by law, including, but not limited to, United States copyright laws and international treaties.
The Website(s) may allow users to communicate with each other using discussion forums, blogs, wikis, and other Web 2.0 methods of posting and sharing information.
Use Restrictions
The content on the Website(s), such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from AFPM's licensors, and other materials produced by AFPM ("Contents") is protected by copyright under both United States and foreign laws. Title to the Contents remains with AFPM. Any use of the Contents not expressly permitted by these Terms of Use may be a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of AFPM or its licensors.
Authorized Uses
Members of the Public - AFPM authorizes members of the public to view and download a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: "Copyright © 2024, AFPM. All rights reserved" and retain other copyright and proprietary rights notices which were contained in the Contents.
Employees of AFPM Member Companies - AFPM authorizes employees of AFPM member companies to view and download copies of the Contents for their own lawful use within the member companies if the following copyright notice is included: "Copyright © 2024, AFPM. All rights reserved"; and, other copyright and proprietary rights notices which were contained in the Contents are retained.
Registered Attendees of AFPM Meetings - AFPM authorizes registered attendees of AFPM meetings to view and download copies of the Contents related to the AFPM meeting for which the attendee was registered for their own lawful use if the following copyright notice is included: "Copyright © 2024, AFPM. All rights reserved"; and other copyright and proprietary rights notices which were contained in the Contents are retained.
Any special rules for the use of other items provided on the website may be included elsewhere within the website and are incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to AFPM and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without AFPM's written permission, "mirror" any Contents contained in the Website(s) or any other server. You may not use the website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the website in any manner that could damage, disable, overburden, or impair the website, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to the website through hacking, password mining or any other means. AFPM reserves the right, in its sole discretion, to terminate your access to the website, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
User Submissions
The personal information you submit to AFPM is governed by the AFPM Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Statement, the Terms of Use shall govern.
AFPM does not claim ownership of any information or material including names, images, likenesses a user provides to AFPM or posts, uploads, input, submits, or transmits to the Website(s) or to websites used to host AFPM virtual webinars and events ("Submission"). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: make any Submission that is an advertisement or solicitation of business; disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); post a chain letter or pyramid scheme; impersonate another person; distribute viruses or other harmful computer code; harvest or otherwise collects information about others, including email addresses, without their consent; post the same note more than once or "spamming"; or engage in any other conduct that restricts or inhibits any other person from using or enjoying the website, or which, in the judgment of AFPM, exposes AFPM or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by AFPM. If you make a Submission, you automatically grant-or warrant that the owner of such content has expressly granted-AFPM a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, AFPM is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. AFPM is not responsible for the consequences of any Submission. AFPM is not responsible for screening or monitoring Submissions made to the Website(s) by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, AFPM may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. AFPM will have no liability or responsibility to users for performance or nonperformance of such activities.
AFPM reserves the right (but is not obligated) to monitor and record any dialogue on the website that may occur; investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; terminate a user's access to any or all parts of the website upon any breach of these Terms of Use or the law; monitor, edit, or disclose any Submission; edit or delete any Submission posted on the website, regardless of whether such Submission violates these Terms of Use.
Liability of AFPM and Its Licensors and Partners
The use of the website, the Contents, or a Submission is at your own risk. The Contents in the Website(s) could include technical inaccuracies or typographical errors. AFPM may make changes or improvements at any time. THE CONTENTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AFPM DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AFPM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFPM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AFPM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Indemnity
You agree to defend, indemnify, and hold AFPM, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your Submission, use of the website or Contents, or your violation of these Terms of Use.
Links
By using the Website(s), you agree to accept the disclosures in the AFPM Privacy Statement for links to other websites.
General
AFPM operates the Website(s) from its offices within the United States of America and makes no claims that the Contents or a Submission is appropriate or may be downloaded outside of the United States of America. Access to the Contents or a Submission may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of AFPM and Its Licensors and Partners, Use Restrictions, User Submissions, Indemnity, Applicable Laws, and Complete Agreement.
Antitrust Compliance
An agreement for U.S. antitrust purposes does not require a written contract, or even a formal offer and acceptance. It is a "conscious commitment to a common scheme," which can be reached orally, with a wink and a nod, or inferred from conduct. For that reason, AFPM prohibits any discussion or exchange among competitors of information that is competitively sensitive. The AFPM Antitrust Compliance Guidelines are in full effect for the use of the Website(s).
Applicable Laws
These Terms of Use are governed in accordance with the laws of the District of Columbia, United States of America, without regard to its conflict of law provisions. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Take Down Procedures; and Copyright Agent
If you believe any Submission accessible on or from the website infringes your copyright, you may request removal of those materials (or access thereto) from the Website(s) by contacting AFPM (address identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
- Your name, address, telephone number, and (if available) email address.
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
- A statement that the information you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or authorized representative.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
AFPM's address for copyright issues relating to the Website(s) is as follows:
AFPM
Attention: General Counsel
1800 M Street, N.W.
Suite 900 North
Washington, D.C. 20036
Or call: 202-457-0480
Antitrust Statement
The American Fuel & Petrochemical Manufacturers (“AFPM”) is a nonprofit, tax-exempt membership association organized to foster cooperation and the exchange of technical information among its members. These worthwhile activities are sanctioned by custom and law. It is important, however, to recognize that these activities are subject to the legal limits of federal and state antitrust laws. AFPM is committed to complying with the antitrust laws in all respects and has adopted the following guidelines in order to facilitate compliance with the antitrust laws:
As a general matter, the antitrust laws prohibit competitors from agreeing on the prices they will charge, the products they will offer, the customers they will serve, or the markets in which they will compete. Therefore, there should be no discussion or disclosure of information with respect to (a) expected profits, premiums, prices, surcharges, or discounts; (b) specific customers or classes of customers, or whether you will or will not do business with them; (c) proposed product offerings; (d) allocation of geographic or product markets; (e) any refusal to deal with a customer or supplier; (f) how to deal with the market behavior of a competitor; or (g) any other topic involving a potentially anticompetitive practice.
Some subjects of discussion may lead to agreements that are not unlawful on their face but that may have an unlawful anticompetitive effect or may give rise to the inference of an anticompetitive act, depending upon their scope and how they are implemented. Other subjects may appear to be prohibited by the antitrust laws but in fact may be permitted because of the context or ultimate purpose of the communication. Whether discussing a subject is permissible may vary depending on factors such as the nature of the subject matter, its relationship to competition among AFPM members, the purpose of the communication, and the degree of restraint that AFPM members can be expected to exercise.
We cannot make a statement that will take the place of advice from your own company or that will cover every situation. We do suggest that those who participate in AFPM activities may avoid difficulties for themselves and for the Association by observing these principles and calling to AFPM’s attention any violations you may observe.
Ethical Responsibility and Professional and Personal Conduct Code
The American Fuel & Petrochemical Manufacturers (“AFPM”) has adopted the following “Ethical Responsibility and Professional and Personal Conduct Code” (hereinafter, “the Code”). Every member of AFPM, their designated representatives, and non-member attendees at all AFPM meetings and forums agree to abide by the Code as a condition of membership in AFPM and attendance and participation at AFPM meetings and forums.
The Code requires the following of all individuals attending AFPM meetings and forums:
- Adherence to the AFPM bylaws and the AFPM policies and procedures, as adopted by AFPM’s Board of Directors.
- Strict compliance with federal and state antitrust laws.
- Adherence to all applicable federal and state laws.
- Maintenance of the highest level of professional and personal ethical behavior while attending AFPM meetings and forums.
- Prevention of certain behaviors, including harassment, violence, intimidation, and discrimination of any kind involving race, color, religion, national origin, gender, sexual orientation, age, disability or, where applicable, veteran or marital status.
- Assurance that conduct at all times and in all professional and personal dealings with each other and other attendees with the highest level of integrity and courtesy.
- Sharing of knowledge and expertise as speakers at AFPM educational events and sessions whenever practicable, without soliciting or explicitly promoting their own organization's products or services.
- Working to instill public and consumer confidence in the petrochemical and refining industries, its member companies, and its professionals, avoiding any action conducive to discrediting members of AFPM.
- Refraining from scheduling general attendance meetings, receptions or other events at times that conflict with substantive programming or social events at AFPM meetings without express written permission of AFPM.
Failure to abide by the Code may result, for the first offense, in informal censure of a company or individual by the AFPM Executive Committee. If violations of the Code continue after such an informal censure, a company may be subject to expulsion from AFPM, or an individual to exclusion from participation in AFPM activities, by the Board of Directors.
Appendix A: Websites and subdomains of afpm.org
- empower.afpm.org
- summit.afpm.org
- wemakeprogress.org
- www.DontBanOurCars.com
Appendix B: Apps of AFPM
- AFPM