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Terms of Use


Terms of Use

The following Terms of Use govern use of APA websites. By using or downloading any materials from APA websites, users agree to these Terms of Use, including consenting to the provisions of the Privacy Policy as to the collection, use, and disclosure of personal information.

APA reserves the right to modify these Terms of Use, including by changing or deleting existing terms or by adding new ones, and such modifications shall be binding on all users. All updates will be posted on this page. Continued use of APA websites after any changes have been made to these Terms of Use constitutes consent to the amended Terms of Use. If any user does not agree with or wish to accept the Terms of Use, or is dissatisfied with any portion of the APA websites, the sole and exclusive remedy is to discontinue using the APA websites.

Disclaimer

APA WEBSITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN OR ANY SITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USERS ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND SITE-RELATED SERVICES.

APA and its members make no representations about the suitability, reliability, availability, timeliness, and/or inaccuracy of the information, publications, software, products, or services (collectively, “website materials”) contained on, or available through, the APA websites. To the maximum extent permitted by applicable law, all website materials are provided “as is.” APA and its members make no express warranties and disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall APA or its members be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the APA website or any website materials contained on, or available through, the APA websites. Without limiting the foregoing, APA and its members shall not be liable for any claim of any nature based on loss or injury arising out of relating to (i) error, omission, interruptions, or inaccuracies contained in the websites; or (ii) any services or materials available through the websites.

Ownership

All intellectual property rights in and to the APA websites are owned by APA absolutely and in their entirety. The APA websites and all content on the websites are copyrighted by APA.

No part of the APA websites or any content may be reproduced, distributed, transmitted, displayed, or published without the prior written permission of APA.

Prohibited Practices

The APA websites and their content may not be accessed, searched, or collected, mined, or extracted, including by crawling or scraping, by automated means. The APA websites may not be used to develop any software program, model, algorithm, or other generative AI tool, including, but not limited to, training or using the APA websites in connection with the development or operation of a machine learning or artificial intelligence (AI) system (including any use of the content for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation).

Notification of Claimed Infringement

Any person believing their work has been copied in a way that constitutes copyright infringement should provide APA's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  • Information reasonably sufficient to permit us to contact the complaining party;

  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For notice of claims of copyright infringement contact APA at: help@apawood.org

Links to Other Sites

APA makes no representations whatsoever about any other website accessed through APA websites. Those other websites are independent from APA websites, and APA has no control over their content. In addition, a hyperlink to a non-APA website does not mean that APA endorses or accepts any responsibility for the content, or the use, of the linked site.

Choice of Law and Venue

These Terms of Use shall be governed by and construed in accordance with the laws of Washington, exclusive of its conflicts of law rules. Users submit to the exclusive jurisdiction of the state and federal courts sitting in Pierce County, Washington and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Indemnification

A user shall indemnify, defend, and hold harmless APA, its officers, directors, employees, and agents from and against any and all liability, expenses, costs, or other losses incurred in connection to any claims arising out of the user’s use of the APA websites and/or any breach by the user of these Terms of Use. APA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by a user.

Owner and Data Controller

APA – The Engineered Wood Association, 7011 South 19th Street, Tacoma, WA 98466.

Owner contact email for any questions about the Terms of Use: help@apawood.org