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Website Terms and Conditions of Use

Please read these terms carefully. By using this site, you are accepting these Terms and Conditions of Use and of any and all modifications, alterations and updates that the American Public Works Association hereafter elects to make to these terms and conditions (hereinafter, “Terms of Use”). We may amend these Terms of Use at any time and the changes will be effective immediately upon posting to the APWA site. If you do not agree with any of these Terms of Use, do not use this site.

Copyright

Unless otherwise noted, all original materials posted on this website are copyright 1998-2017, American Public Works Association. All rights reserved.

Trademark

APWA® and the APWA logos® are trademarks of the American Public Works Association, an Illinois nonprofit corporation. The names, trademarks, service marks and logos of APWA appearing on this site may not be used in any advertising or publicity, or otherwise to indicate APWA's sponsorship of or affiliation with any product or service, without APWA's prior express written permission. Any other trademarks appearing on the site are the property of their respective trademark holders. None of these trademark holders are affiliated with APWA, its services or its website(s).

Use of Content on the Site

You may view, download, and print contents from the site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing APWA's name or trademarks without the express written consent of APWA. You do not acquire any ownership rights to any content in the site. Any unauthorized use terminates the permission or license granted by APWA.

User-Generated Content

By posting, distributing, sending, displaying, or otherwise submitting any comment, story, message (including text message or e-mail), feedback, review, question, idea, suggestion, data, information, text, music, sound, photo, graphic, or other content (hereinafter, “User-Generated Content”) to or through the APWA website, you agree to the following:

  • You grant, and represent and warrant that you have the have the right to grant, to APWA an exclusive, royalty-free, worldwide, perpetual, transferrable, irrevocable, fully paid, and sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User-Generated Content throughout the world for any purpose including but not limited to, displaying it on our website and in any promotion, advertising, or media, now or in the future;
  • You grant APWA and its affiliates, transferees, and sublicensees the right to use the name that you submit in connection with the User-Generated Content;
  • You represent and warrant that (i) you are the owner of the rights to the User-Generated Content that you submit, or that you otherwise have the lawful right to submit such User-Generated Content; (ii) the User-Generated Content; (ii) the User-Generated Content you submit is accurate and not misleading; and (iii) your submission of User-Generated Content does not violate these Terms of Use and does not violate any rights of, or cause injury to, any person or entity, including but not limited to, any third party right of copyright, trademark, service mark, privacy, publicity, or other intellectual property or personal or proprietary right;
  • You agree that APWA is under no obligation to pay you for the use of the User-Generated Content you submit or to recognize you as the author of such User-Generated Content;
  • You grant APWA the right to pursue at law any person or entity that violates your or APWA’s right in the User-Generated Content by a breach of these Terms of Use;
  • You agree that the User-Generated Content you submit to or through the APWA website is non-confidential and non-proprietary information, and that the APWA is under no obligation to treat such User-Generated Content as confidential or proprietary. Without limiting the foregoing, APWA reserves the right to use the User-Generated Content as it deems appropriate, including but not limited to, deleting, editing, modifying, rejecting, or refusing to post it; and
  • You agree to indemnify APWA and its affiliates and their respective officers, directors, employees, agents, and other representatives from and against any and all third party claims, demands, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) resulting from your breach of any warranty, representation, covenant, or provision of these Terms of Use.

Notwithstanding the foregoing, if it is determined that you retain moral rights (including rights of attribution or integrity) in the User-Generated Content, by submitting such User-Generated Content to APWA, you agree that (a) you do not require that any personally identifying information be used in connection with any version of the User-Generated Content; (b) you do not oppose the publication, use, modification, deletion, or exploitation of the User-Generated Content by APWA or its agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User-Generated Content; (d) you release APWA from any claims that you could otherwise assert against APWA by virtue of any moral rights; and (e) you release APWA and its affiliates, successors, and assigns and waive any claims, demands, damages, losses, liabilities, and causes of action against APWA and its affiliates, successors, and assigns for defamation, libel, invasion of privacy, publicity, personality, or exploitation of your name.

Privacy Policy

You agree that APWA may use and or disclose personally identifying information that you submit to us and data we collect about activities of visitors to the APWA website consistent with our Privacy Policy.

Miscellaneous

Although the APWA site includes links providing direct access to other Internet sites, APWA takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. APWA is providing information and services on the Internet as a benefit and service in furtherance of APWA's nonprofit and tax-exempt status. APWA makes no representations about the suitability of this information and these services for any purpose.

These Terms of Use shall be construed under and in accordance with the laws of the state of Missouri, without regard to the choice of law provisions thereof. If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, by that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. All provisions of these Terms of Use shall survive in perpetuity.

Digital Millennium Copyright Act (DMCA) Notice

APWA.net abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on this site that is claimed to be infringing. Additionally, it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with APWA’s’ rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

To file a notice of infringing material on a site owned or controlled by APWA.net, please provide a notification to our DMCA Agent containing the following details, pursuant to Section 512(c)(3) of the DMCA:

  • Sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  • Reasonably sufficient detail to enable us to identify and locate and identify the material that is claimed to be infringing (for example a link to the page that contains the material);
  • Your contact information so that we can contact you (for example, your address, telephone number, email address);
  • A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  • Your physical or electronic signature.

Please note that if you fail to comply with all of the requirements of Section 512(c)(3) for submitting a notice, your notice may not be effective.

Then send this notice to:

  • By Mail: DMCA Agent: Scott Grayson, 1200 Main Street, Suite 1400, Kansas City, MO 64105-2100
  • By Fax: Attn: DMCA Agent, (816) 472-1610
  • By Email: postmaster@apwa.net

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

NOTE: This information is provided exclusively for notifying the service providers referenced above that your copyrighted material(s) might have been infringed. All other inquiries, including technical requests, reports of email abuse and third party reports of piracy, will not receive a response through this process.