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Terms of Use

Effective as of August 1, 2017

General

Welcome to the Levanta Tu Voz website. Incorporated in this section are the Terms of Use and Conditions that govern your use of this site. By accessing, viewing, or using the material on this site, you agree to be bound by the Terms of Use and Conditions. If you do not agree to these Terms of Use and Conditions, you are not granted permission to use the site or any of its contents and should exit the site immediately.

Levanta Tu Voz reserves the right to change the Terms of Use and Conditions at any time and without prior notice to you by updating this posting. Changes made to this posting are effective immediately. You are responsible for regularly reviewing the Terms of Use and Conditions. Your continued use of this site constitutes your agreement to the Terms of Use and Conditions.

Website Security

You are prohibited from violating, or attempting to violate, the security of this site. Any such violations may result in criminal and/or civil penalties against you. Levanta Tu Voz will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Prohibited Activities

In using this site, you are expressly prohibited from the following activities:

  • Sending or otherwise transmitting to or through this site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material of any kind;
  • Misrepresenting your identity or affiliation in any way;
  • Violating any applicable laws or regulations; or
  • Assisting or permitting any persons in engaging in any of the activities described above.

Member and Associate Accounts

Regular Members and Associates of the Western States Petroleum Association may create a Member or Associate account (collectively, “Accounts”) on WSPA’s website. Upon your initial login to your Account, you will be prompted to create a password. WSPA maintains passwords on a secure server, but you should take steps, such as choosing a strong password and keeping it private, to ensure that no one gains unauthorized access to your account.

User-Submitted Information

You must exercise caution and sound judgment in using the Levanta Tu Voz website. You are responsible for any material that you transmit to or through the site or to us through email. You agree, represent, and warrant that any information you transmit to or through the site or to us through email is truthful, accurate, not misleading, and offered in good faith. You further agree, represent, and warrant that you have the right to transmit such information. Certain information submitted by you, or otherwise collected from you, is subject to Levanta Tu Voz Privacy Policy, available here.

Unsolicited Material

You must not transmit any material to or through Levanta Tu Voz website that you consider to be confidential or proprietary. Any material that you transmit to or through this site will be considered non-confidential and non-proprietary. Except as expressly provided in Levanta Tu Voz Privacy Policy, you give Levanta Tu Voz an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such information. You further agree that Levanta Tu Voz has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this site.

Copyright

This site and all of its content are protected by copyright law. In addition, all design rights, databases, compilation, and other intellectual property rights related to this site, in each case whether registered or unregistered, and related goodwill are proprietary to Levanta Tu Voz. Unless otherwise noted in a specific location on this site, you may not copy or download any of the material contained on this site in whole or in part without Levanta Tu Voz express authorization. On pages of this site where permission is given to copy or download material, you may only do so provided that:

  • The user includes Levanta Tu Voz copyright notice on all copies; and
  • The materials are not used in any misleading or inappropriate manner.

You may not publish, modify, transmit, reproduce, create new works from, distribute, sell, loan, nor in anyway exploit any of the material contained on this site in whole or in part, including such material permitted to be copied or downloaded, without Levanta Tu Voz express authorization.

Elements of Levanta Tu Voz website are also protected by trademark, unfair competition, and other laws and shall not be copied or imitated in whole or in part. No logo, sound, or image from the site may be copied or transmitted unless expressly permitted by Levanta Tu Voz.

Trademark

All trademarks, service marks, logos and trade names on this site, whether registered or unregistered, including but not limited to “Levanta Tu Voz,” are proprietary to Levanta Tu Voz or to other companies 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.

Third-Party Materials

Any materials on Levanta Tu Voz website that are 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 express authorization of the copyright owner. Modification of, or use of, such third-party materials is a violation of copyright law and other proprietary rights of these third-parties.

Links to Third-Party Websites

For your convenience, this site may contain links to other websites. If you use these links, you will leave Levanta Tu Voz website and you do so at your own risk. The linked sites are not under the control of Levanta Tu Voz. Levanta Tu Voz is 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 Levanta Tu Voz is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as an endorsement or approval by Levanta Tu Voz of the organizations sponsoring such third-party websites or their products or services. Levanta Tu Voz Terms of Use and Conditions do not apply to any other websites beyond the ownership of Levanta Tu Voz.

Third-Party Web Sites Seeking to Link with Levanta Tu Voz Site

You may link to Levanta Tu Voz site, provided that you comply with the following restrictions:

  • You do not reproduce Levanta Tu Voz website content without permission.
  • You do not create a browser or border environment around Levanta Tu Voz content.
  • You do not imply that Levanta Tu Voz is endorsing your site or your products.
  • You do not misrepresent your relationship with Levanta Tu Voz, its members, associates, officers or directors.
  • You do not present false information about Levanta Tu Voz, its activities, or its members.
  • You do not display Levanta Tu Voz name, logo, trademark, or other identifiers on your site without Levanta Tu Voz permission.
  • You do not remove, conceal, or obliterate any copyright or other proprietary notice, source identifier, or credit line.
  • You do not link from a web site that could be construed as distasteful or offensive, obscene, defamatory, libelous, misleading, or is being used for illegal purposes.
  • You do not link from a web site that infringes upon any intellectual property or other rights of any entity or person.

Upon discovery of any of the aforementioned infractions and Levanta Tu Voz concludes that you violate any of these restrictions, you agree to immediately remove Levanta Tu Voz link from your site.

Force Majeure

You agree that Levanta Tu Voz will not be liable for any loss resulting from a cause over which Levanta Tu Voz does not have direct control, including but not limited to the failure of electronic or mechanical equipment, communication lines, telephone or other interconnectivity problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes, wars, or government/judicial restrictions.

Legal Advice

Nothing contained in this site is intended as, nor shall be construed as legal advice, guidance, or interpretation. No attorney-client relationship is established between Levanta Tu Voz and you by your use of this site. The information provided on this site is for general educational purposes only and specific questions about any law, statute, or regulation should be directed to an attorney with expertise in the applicable area.

Jurisdiction

This site is controlled and operated by Levanta Tu Voz from its offices within the State of California, in the United States of America. Levanta Tu Voz makes no representation that materials contained on the site are appropriate or available for use in other locations. Those who choose to access this site 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 site from jurisdictions where the contents of this site are illegal or penalized is prohibited. No information from this site may be downloaded or otherwise re-exported into or to any of the following:

  • A national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or
  • 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 site, 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.

Termination

Levanta Tu Voz may terminate your use of this site at any time and for any reason without notice for conduct violating these Terms of Use and Conditions. Upon any such termination, you must destroy all materials obtained from this site and all copies thereof. The provisions of these Terms of Use and Conditions concerning site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

Disclaimer

THE FEATURES, SERVICES AND INFORMATION IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LEVANTA TU VOZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEVANTA TU VOZ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE 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. LEVANTA TU VOZ DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE ITEMS IN THIS SITE 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 LEVANTA TU VOZ BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, EVEN IF LEVANTA TU VOZ OR A LEVANTA TU VOZ AUTHORIZED REPRESENTATIVE 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.

Indemnification

You agree to indemnify, defend and hold Levanta Tu Voz and its 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 either of the following:

  • Your breach of any provision of these Terms of Use and Conditions; or
  • Your activities in connection with this site.

Privacy

Levanta Tu Voz has a Privacy Policy Statement that describes the information that we collect about visitors, and how this information is used. Click here to view the Privacy Policy Statement, which is incorporated by reference, as if set forth fully herein. Levanta Tu Voz performance under this agreement is subject to existing laws and legal proceedings, and nothing in this agreement is in derogation of Levanta Tu Voz right to comply with government, court or law enforcement requests, or requirements relating to your use of the site or to information collected by Levanta Tu Voz with respect to such use.

This site is a general audience site. Levanta Tu Voz does not seek through this site to gather personal information from or about persons under the age of 13.

Miscellaneous

These Terms of Use and Conditions 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 of Use and Conditions is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and Conditions 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 of Use and Conditions, please submit your questions or complaints via email to legal@wspa.org. We will endeavor to respond to you promptly.

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