- The CDA Website is owned and operated by Western States Petroleum Association, a non-profit trade association (“WSPA”, “we” or “us”). WSPA reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. You thus should visit this page periodically for changes. This Website is continually under development and changes in this Website may be made at any time. Any changes are effective upon posting to this Website. If you disagree with the Terms, your sole remedy is to discontinue your use of this Website. Your continued use after a change has been posted constitutes your acceptance of those changes.
You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
Other Prohibited Activities.
In using this Website, you must also not:
- Send or otherwise transmit to or through this Website any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;
- Misrepresent your identity or affiliation in any way;
- Violate any applicable laws or regulations; or
- Assist or permit any persons in engaging in any of the activities described above.
- The materials made available at this Website are protected by copyright. In addition, all design rights, databases and compilation and other intellectual property rights related to this Website, in each case whether registered or unregistered, and related goodwill are proprietary to WSPA.
Our Materials. We grant you the rights to copy, reproduce, republish, upload, post, transmit, and distribute all materials that we own on this Website, provided you keep intact all copyright and other proprietary notices. Notwithstanding the foregoing, permission to link to any page at this Website except the “home page” (http://www.californiadriversalliance.org) must be obtained from us in advance; requests for such authorization should be submitted via an email to firstname.lastname@example.org.
Third-Party Materials. Any materials on this Website owned by a third party (which in general will be labeled as such) may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. Modification of, or use of, such third-party materials is a violation of the copyrights and other proprietary rights of these third parties.
- All trademarks, service marks, logos and trade names on this Website, whether registered or unregistered, including but not limited to “California Driver’s Alliance”, are proprietary to WSPA or to other entities where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
Links to Other Websites.
For your convenience, this Website may contain links to other websites. If you use these links, you will leave this Website. We are not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not we are affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by WSPA of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.
This Website is controlled and operated by WSPA from its offices within the State of California, in the United States of America. We make no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Website from jurisdictions where the contents of this Website are illegal or penalized is prohibited. No information from this Website may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using information from this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- We may terminate your use of this Website at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all materials obtained from this Website and all copies thereof. The provisions of these Terms concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.
- THE FEATURES, SERVICES AND INFORMATION ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WSPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE ITEMS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, EVEN IF WE OR ONE OF OUR AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
- You agree to indemnify, defend and hold us and our directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms or (ii) your activities in connection with this Website.
- This Website is a general audience site. We do not seek through this Website to gather personal information from or about persons under the age of 13.
- These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.
If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to email@example.com. We will endeavor to respond to you promptly.