By using the Compressed Air & Gas Institute’s (CAGI) website and/or e-learning program YOU AGREE TO BE BOUND BY THESE TERMS OF USE. In addition, when using particular areas, features and/or functions of the CAGI website and/or e-learning program, you shall be subject to any posted guidelines or rules applicable to such areas, features and/or functions. The Privacy Statement, all guidelines or rules posted on the CAGI website and/or e-learning program and all disclaimers and terms and conditions that appear elsewhere throughout the CAGI website and e-learning program are hereby incorporated by reference into these Terms of Use.
CAGI reserves the right to change the terms, conditions, and notices under which the CAGI website, including but not limited to any and all related products and/or services are offered. You are responsible for regularly reviewing this Terms of Use and any additional terms and conditions posted to the Terms of Use and the Privacy Statement. Your continued use of CAGI website and/or e-learning program, including but not limited to any and all related products and/or services constitutes your agreement to all such terms, conditions, and notices.
These Terms of Use contain the following provisions:
You should refer to and read the entire Privacy Statement for details regarding and the rules and regulations governing the use of the CAGI website, including but not limited to any and all related products and/or services provided thereof.
License and Access
License: The COMPRESSED AIR & GAS INSTITUTE (CAGI) grants you a limited, nonexclusive and revocable license to make personal and non-commercial use of the site. This license does not include the right to download or copy any user’s account information for the benefit of another party; to bypass any technical measures used to prevent or restrict access to any portion of the website; to use any data mining, robots, or similar automated data gathering and extraction tools to access the CAGI website and/or e-learning program; to violate or attempt to violate the security of the website and/or e-learning platform, or to interfere with or attempt to interfere with the proper working of the CAGI website and/or e-learning program. You agree to use this website only for lawful purposes and in accordance with these Terms of Use and Privacy Statement.
Restrictions: You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CAGI, the CAGI website and/or e-learning program, or their representatives and/or subsidiaries, officers, agents, affiliates, and/or employees without express written consent of CAGI, their representatives and/or subsidiaries, officers, agents, affiliates, and/or employees and the producers of the CAGI website and/or e-learning program, collectively referred to in this Terms of Use as “CAGI,” "we," "us" and "our." You may not use any META tags or any other "hidden text" utilizing names or trademarks without our express written permission. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the CAGI website, so long as such link does not portray CAGI the CAGI website, or CAGI’s representatives, subsidiaries and/or affiliates, or its products and/or services in a false, misleading, derogatory, or otherwise offensive matter and is revocable at will under any circumstance or condition by CAGI. You may not use any CAGI website logos or other proprietary graphic or trademark as part of the link without express written permission of CAGI, or its representatives, subsidiaries and/or affiliates.
Offenses that are subject to a banning decision include, but are not limited to, the above list of activities. Users that are banned will be permanently banned from posting. There will be no warnings for first time offenses, and there is no appeal process once banned.
E-learning Account
Before you can make use of certain services associated with the e-learning program, you must register as a user and create a user account. You agree and warrant that all information you provide to CAGI through this website, including but not limited to any contact information and other registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform CAGI promptly of any changes to your account information, including but not limited to any changes to your e-mail address.
You are solely responsible for maintaining the secrecy of your username, passwords, and account information. You will be financially accountable for all uses of the CAGI e-learning program by you and anyone using your username and password. You may only use the purchase functions and areas of the CAGI website or e-learning program to make legitimate purchases of products and/or services. You acknowledge that CAGI may establish general practices and limits concerning your use of the CAGI website and/or e-learning program, including without limitation the maximum number of times (and the maximum duration for which) you may access the CAGI website and/or e-learning program in a given period of time. You acknowledge that CAGI reserves the right to terminate your account(s) at any time for any reason. You further acknowledge that CAGI reserves the right to change these general practices and limits at any time, at our sole discretion, with or without notice, and without any liability to CAGI. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of the CAGI website and/or e-learning program or take any action that imposes an unreasonable load on the computer equipment that support the CAGI website and/or e-learning program. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell, offer for sale, or exploit any information, software, products, or services obtained from CAGI.
By creating an account with CAGI, you consent to receive communications from CAGI electronically via the e-mail address associated with your account. Although you can opt out to receive promotional messages, CAGI retains the right to send you informational email messages about your account or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.). You agree that any and all communications sent to you electronically via the e-mail address associated with your account satisfy any legal requirement that such communications be in writing.
Termination
You agree that at our sole discretion, we may terminate your password, account (or any part thereof) or use of the CAGI website and/or e-learning program for any reason. You agree that any termination of your access to the CAGI website and/or e-learning program under any provision of these Terms of Use may be affected without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our site. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the CAGI website.
Submission of Content and User Activity
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CAGI, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the website, e-learning program, or any associated services.
You retain the copyright to any and all original Content you submit to this site and. However, by submitting Content to this site and, you expressly grant CAGI a royalty-free, perpetual, non-exclusive, world-wide, irrevocable right and license to display, publish, translate, archive, transmit, distribute, reproduce, modify, adapt and use that Content for the purpose of operating and promoting the site, e-learning program, and related websites or related services. You further understand that submitting Content to this site and/or e-learning program may allow others to view and use the Content under these Terms of Use.
In addition, by submitting ideas, suggestions and/or proposals ("Contributions") as part of any Content submitted by you, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) neither CAGI nor any user of the website and/or e-learning program is under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) CAGI and other users of the website may use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; and (d) you are not entitled to any compensation or reimbursement of any kind from CAGI or any such user under any circumstances in respect of such Contributions.
You represent and warrant that you own or otherwise control all the rights to any Content you post or submit to the website, that use of the Content you post or submit does not violate the intellectual property rights of any third parties, and that use of the Content you post or submit will not cause injury to any person or entity. You agree that you will indemnify CAGI for all claims resulting from or related to Content you post or submit. You further represent and warrant that any Content you post or submit to the website and/or e-learning platform will not contain libelous or otherwise unlawful, threatening, abusive or obscene material; will not contain software viruses or other harmful devices, and will not be part of any mass mailing or other form of spam. In line with, and without limiting, the foregoing, you specifically agree that you will not:
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside.
Privacy
Your use of the CAGI website and/or e-learning program is subject to the Privacy Statement. You acknowledge that you have read the entire Privacy Statement and that it is reasonable and acceptable to you. Your acceptance of these Terms of Use is also your consent to the information practices in the Privacy Statement. In the event there exists any inconsistency between these Terms of Use and the Privacy Statement regarding the use of information, the terms and conditions of the Privacy Statement shall take precedence.
Ownership
All content on the CAGI website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CAGI and are protected by U.S. and/or international copyright laws. The compilation of all content on the CAGI website is the exclusive property of CAGI and protected by U.S. and/or international copyright laws. All software used on the CAGI website is our property and protected by U.S. and/or international copyright laws.
Except as expressly provided in "License and Site Access" above, your use of and access to the CAGI website and/or e-learning program does not grant you any license or right to use any CAGI or CAGI website trademarks, trade names or copyrights.
If you post content or otherwise submit material to the CAGI website and/or e-learning program unless CAGI indicates otherwise, you grant CAGI a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any form, medium, or technology now known or later developed. You grant CAGI the right to use the name that you submit in connection with such content, if we choose. In addition, you warrant that all so-called moral rights in those materials have been waived.
Dealing with Third Parties and Links
CAGI may provide, or third parties may post, links to other Internet sites or resources. Because CAGI has no control over such sites and resources, you acknowledge and agree that CAGI is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CAGI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
If you link to this website and/or e-learning platform, CAGI requires that you follow these guidelines. The link to this website must not damage, dilute, or tarnish CAGI, or CAGI.ORG or the goodwill associated with CAGI’s name and/or intellectual property, nor may the link create the false impression that your website and/or organization is sponsored by, endorsed by, affiliated and/or associated with CAGI. You agree that you will not link to the CAGI.ORG website from any source in violation of this Policy. Under no circumstances will you “frame” this website or alter its intellectual property or content in any way. CAGI reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with CAGI, its website, and/or these terms.
Your dealings and communications (including but not limited to business dealings or participation in promotions) with any third party found on or through the website are solely between you and that third party. You agree that CAGI shall not be responsible or liable for payment; delivery of goods or services; any terms, conditions, warranties or representations associated with such dealings, or any loss or damage of any sort resulting from or associated with such dealings, or for any loss or damage of any sort incurred as the result of the presence of such advertisers or other third parties on the website. Please review carefully the third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have related to materials provided by or dealings with third parties should be forwarded directly to the third party.
Indemnification
You agree to indemnify and hold CAGI harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the CAGI website and/or e-learning program, your violation of these Terms of Use, your violation of the Privacy Statement or your violation of any rights of another person or entity.
Warranty Disclaimer
YOUR USE OF THE CAGI WEBSITE AND/OR E-LEARNING PROGRAM IS AT YOUR SOLE RISK. THE CAGI WEBSITE AND/OR E-LEARNING PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND CAGI DOES NOT WARRANT THAT THE CAGI WEBSITE AND/OR ITS SERVERS, OR E- MAIL SENT FROM CAGI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAGI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CAGI MAKES NO WARRANTY THAT (i) THE CAGI WEBSITE AND/OR E-LEARNING PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE CAGI WEBSITE AND/OR E-LEARNING PROGRAM OR THE SERVERS THAT MAKE THE CAGI WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CAGI WEBSITE AND/OR E-LEARNING PROGRAM WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CAGI WEBSITE AND/OR E-LEARNING PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE CAGI WEBSITE AND/OR E-LEARNING PROGRAM WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CAGI WEBSITE AND/OR E-LEARNING PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAGI OR THROUGH OR FROM THE CAGI WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAGI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CAGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CAGI WEBSITE AND/OR E-LEARNING PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CAGI WEBSITE AND/OR E-LEARNING PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CAGI WEBSITE AND/OR E-LEARNING PROGRAM; OR (v) ANY OTHER MATTER RELATING TO CAGI.
IF DESPITE THE LIMITATION ABOVE, CAGI IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN THE LIABILITY OF CAGI WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $100. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Notice
CAGI may provide notices of changes to these Terms of Use or other matters by posting conspicuous notices or links to notices to you generally on our site. Your continued use of the CAGI website and/or e-learning program following the posting of conspicuous notice of any change or modification to these Terms of Use will be subject to the Terms of Use in effect at the time of your use. You agree to review the Terms of Use periodically. Your continued use of the CAGI website and/or e-learning program following the posting of conspicuous notice of any modification will be your acceptance of the modified Terms of Use.
Violations
Please report any violations of the Terms of Use by calling (216) 241-7333.
Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):General
These Terms of Use constitute the entire agreement between you and the CAGI website and/or e-learning program and govern your use of the CAGI website and/or e-learning program, superseding any prior agreements between you and CAGI. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the Terms of Use and use of the CAGI website and/or e-learning program do not create a joint venture, partnership, employment or agency relationship between you and CAGI. You may not assign, delegate or transfer your rights or obligations under the Terms of Use and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use and the relationship between you and CAGI shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Ohio. The failure of CAGI to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CAGI website, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Compressed Air & Gas Institute
1300 Sumner Avenue
Cleveland, OH 44115
Phone: 216/241-7333
Fax: 216/241-0105
©2024 CAGI
