Acceptance of Terms

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    This is a legal agreement between you (the API visitor) and API for access to and use of the Online Document. By clicking on “I AGREE” below and by using the Online Document, you agree to be bound by the terms of this agreement both as to this and each subsequent use you make of the Online Document, and you are responsible for ensuring that the terms of this agreement are met. If you do not agree to the terms of this agreement, click on the “Return to the Home Page” button below.

1.	GRANT OF LICENSE. API grants you, the API visitor, a nonexclusive and nontransferable license to view online the content of the Online Document. The Online Document is designed to be viewed online only - there are no “cut and paste,” “edit,” “print,” or “save” capabilities - and the license granted to you by this agreement does not include the right to download, reproduce, store in a retrieval system, modify, make available on a network, use to create derivative works, or transmit the content of the Online Document in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise.

2.	COPYRIGHT. You acknowledge that the content of the Online Document is copyrighted and owned by API and is protected by U.S. copyright law and international treaty provisions. You acquire no proprietary interest in the Online Document or any of the information displayed therein. Nothing herein is intended to prohibit you from making limited, non-commercial use of the content of any API bulletins, reports, standards, and recommended practices or citing to them to the extent that such citation constitutes a “fair use” under the copyright laws of the United States. However, such fair use does not include the disabling, circumventing, or otherwise evading the read-only or other technological measures that limit copying of the content of the Online Document. No copying or distribution of the Online Document shall be permitted without the express written permission of API. Permission will be considered based on an online request to Publications Manager, API, via the API website at http://www.api.org/Publications/permissions/index.cfm. Print and full-featured electronic versions of API bulletins, reports, standards, and recommended practices, including the Online Document, are available for purchase through this web site or by visiting the API website at www.api.org/Publications.

3.	WARRANTY LIMITATION AND DISCLAIMER OF LIABILITY. THE ONLINE DOCUMENT IS PROVIDED TO YOU “AS” IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. API SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATED TO THE ONLINE DOCUMENT, INCLUDING WITHOUT LIMITATION, (A) ANY ERRORS IN OR OMISSIONS IN THE CONTENT OF THE ONLINE DOCUMENT; (B) THE UNAVAILABILITY OR INTERRUPTION OF ACCESS TO THE ONLINE DOCUMENT; (C) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH USING THE ONLINE DOCUMENT; AND (D) YOUR USE OF THE CONTENT AND INFORMATION OR OPINIONS CONTAINED IN THE ONLINE DOCUMENT. OTHER IMPORTANT NOTICES AND DISCLAIMERS OF LIABILITY ARE CONTAINED IN THE INTRODUCTORY MATERIALS INCLUDED AT THE BEGINNING OF ALL PRINT AND ELECTRONIC VERSIONS OF API BULLETINS, REPORTS, STANDARDS, AND RECOMMENDED PRACTICES, INCLUDING THE ONLINE DOCUMENT, AND ARE INCORPORATED HEREIN BY REFERENCE. SOME STATES RESTRICT WARRANTY AND REMEDY EXCLUSIONS AND LIMITATIONS, AND, TO THE EXTENT OF SUCH RESTRICTIONS, THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, API’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

4.	MISCELLANEOUS. The terms of this agreement may be changed from time to time. API may suspend or discontinue providing the Online Document to you with or without cause and without notice. API may pursue any remedy legally available to it if you fail to comply with any of your obligations hereunder. The failure of API to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. You may not assign or transfer your rights or obligations under this agreement. 
    This agreement shall be construed and interpreted pursuant to the laws of the District of Columbia, Washington, applicable to agreements wholly entered into and performed in the District of Columbia, Washington, excluding that body of law dealing with conflict of laws. Any legal action, suit, or proceeding arising out of or relating to this agreement or the breach thereof shall be instituted in a court of competent jurisdiction in the District of Columbia, Washington, and each party hereby consents and submits to the personal jurisdiction of such court, waives any objection to venue in such court and consents to the service of process by registered or certified mail, return receipt requested, at the last known address of such party.

The terms of this agreement constitute the entire agreement between the parties with respect to the subject matter hereof. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that the terms of this agreement will in any event remain valid and enforceable.