Welcome to the Alberta Tubular Products Ltd. (“ATPL”) Web Site

Please read these terms and conditions of use carefully before using this site.  By using this site’s services, viewing, downloading (collectively, the “Terms“), or otherwise using any materials published on this site, you (the “Visitor“) agree to be bound by these terms.  If you do not agree to these terms, do not use this site.  This site is owned and managed by ATPL.

Ownership and Copyright

By accessing this site, the Visitor agrees and acknowledges that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this site (collectively, the “Content“), including the manner in which the Content is presented or appears, and all information relating thereto, are the property of ATPL or its licensors.  This site and the Content are protected by copyright, trade-mark and other proprietary rights of ATPL or third parties.  Except as expressly permitted herein, no portion of this site or the Content, including trade-marks, logos and service marks, may be reproduced in any form or by any means without prior written permission from ATPL or the applicable third party.

Materials Available on This Web Site

ATPL hereby grants a personal, non-exclusive and non-transferable license to the Visitor to access, read, download and print one copy of materials from this site including, but not limited to press releases, datasheets and FAQ’s (collectively, the “Materials“), provided that the Visitor observes the following:

1. the below Copyright Notice as well as any other applicable proprietary notice(s) appearing on all copies of the Materials;
2. use of such Materials is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media unless expressly approved by ATPL; and
3. no modifications of any Materials.  This permission does not include the right to use the design, layout or any other component of this site

The Visitor’s use, reproduction or redistribution of the Materials for purposes other than those set forth above is expressly prohibited by law, and may result in severe penalties.  Violators will be prosecuted to the maximum extent possible.

This site is offered in the English language and is intended for use only in Canada.

Acceptable Use Policy

Use of this site in any way that is fraudulent or violates applicable laws, court orders or regulatory policies or tariffs, or interferes with or disrupts other network users, network services or network equipment is strictly prohibited.  This includes but is not limited to spamming, the introduction of computer worms or viruses, the use of false identities, attempting to gain unauthorized entry to any site, machine or network, the distribution of pornography, obscene or defamatory material or infringement upon the intellectual property of others.

Restrictions on Use

By accessing this site, the Visitor agrees that s/he will not:

1. distribute the Content for any purpose including, without limitation, compiling an internal database, redistributing or reproducing the Content through the media or through any commercial network, cable or satellite system; or
2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish or make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise.

The Visitor further agrees that s/he shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of ATPL or its licensors.

Complaints regarding e-mail abuse should be sent to [NTD:  ATPL to insert Email Abuse Notice]

Complaints regarding SPAM should be sent to [NTD:  ATPL to insert Spam Abuse Notice]

Limitation of Liability

The use of this site and the Content by the Visitor is at the risk of the Visitor and ATPL assumes no liability or responsibility pertaining to the Content or the use of this site.  The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action, is not intended to be used as a substitute of any kind for professional advice and may not be accurate, up to date, complete or untampered with.

Except as may be expressly provided by written agreement and executed by a duly authorized officer of ATPL, this site, its Content, products, services and software are provided “as is” and ATPL expressly disclaims representations, warranties, guarantees or conditions of any kind, whether express or implied, statutory or otherwise, including but not limited to warranties as to uninterrupted or error free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, confidentiality, security, merchantability, quality, title, non-infringement or fitness for a particular purpose or those arising out of a course of dealing or usage of trade.

There is no guarantee that personal information and transactions on this site or on the internet will be maintained for confidentiality and security.  The use of this site and the Content is at the Visitor’s own risk and ATPL assumes no liability or responsibility pertaining to the Content, use of this site or the receipt, storage, transmission or other use of any personal information.

In no event, including but not limited to negligence, will ATPL, its agents, suppliers, employees or other third parties referenced at this site be liable for any special, incidental, indirect or consequential damages (including, without limitation, damages for personal injury, business disruption, loss of business profits, loss of business or confidential information, loss of privacy or any other pecuniary loss), arising out of the use of or the inability to use services, functions, materials or any information available at this site or the provision of or failure to provide technical support or other services, even if ATPL or an authorized ATPL representative has been advised of the possibility of such damages.

Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Visitor.

Indemnity

The Visitor to this site agrees at all times to indemnify, defend and hold harmless ATPL, its agents, directors, officers, employees, shareholders, heirs, executors, administrators, affiliates, predecessors, servants, successors, insurers and assigns, and its suppliers, affiliates and their respective its agents, directors, officers, employees, shareholders, heirs, executors, administrators, affiliates, predecessors, servants, successors, insurers and assigns against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements), sustained, incurred or paid by ATPL directly or indirectly in respect of:

(i)              any information or other content the Visitor provides on or through this site or which is sent to ATPL by e-mail or other correspondence; or

(ii)            the Visitor’s use or misuse of the Content or this site, including without limitation, infringement claims.

Links to Other Web Sites

ATPL may provide links to other sites for your convenience.  ATPL is not affiliated with sites which may be linked to this site and is not responsible for their content.  ATPL does not control these linked sites and makes no representation regarding the quality, nature or reliability of any other sites.  The inclusion of any link does not imply ATPL’s endorsement of such linked site.  The Visitor will access these sites at his/her own risk.

Trade-marks

ATPL and the ATPL logo are registered trade-marks or trade-marks of ATPL in Canada and other countries and the Visitor is not granted any permission to use any ATPL or third party marks.  All other trade-marks, trade names or company names referenced herein are used for identification only and are the property of their respective owners.

Jurisdiction

ATPL and this site (excluding linked third party sites or content), are based in Alberta, Canada.  The use of this site is governed by the laws of the province of Alberta and the federal laws of Canada.  Any dispute arising out of the use of this site or these Terms of Use shall be governed by the laws of the province of Alberta, and the federal laws of Canada applicable therein, and shall be treated in all respects as an Alberta contract without reference to the principles of conflicts of law.  In the event of a dispute, the Visitor to this site agrees to submit to the exclusive jurisdiction of the courts of Alberta and the federal courts of Canada, and further agrees to expressly exclude the UN Convention on Contracts for the International Sale of Goods, as replaced or re-enacted from time to time.

Computer Problems

In no event will ATPL, its licensors, its agents, suppliers, affiliates or their respective directors, officers or employees be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems, telecommunications service providers, links to third party sites, the internet backbone, personal injury, third party content, products or services, damages or losses caused by the Visitor to this site, loss of use or lack of availability of facilities including computer resources, software and data, the use or inability to use this site or the Content, any other site access to or from this site, or events beyond the reasonable control of ATPL, even if ATPL or any of its lawful agents have been advised of the possibility of such damages or claim.

General

Any rights not expressly granted herein are reserved.  ATPL owns and manages this site from its corporate headquarters in Calgary, Alberta, Canada.  All information on this site is subject to Canadian export control laws and may also be subject to the laws of the country where the Visitor resides.  If the Visitor accesses this site from outside of Canada, the Visitor is responsible for compliance with applicable local laws.  For information regarding ATPL products, programs and services that may be available to the Visitor, contact the Visitor’s local ATPL business representative at info@albertatubular.ca.  This site may refer to products, programs or services that are not available in the Visitor’s country.

ATPL may revise these Terms of Use at any time by updating this posting.  The Visitor should visit this page from time to time to review the then-current Terms of Use because they are binding on the Visitor.  Expressly designated legal notices or terms located on particular pages at this site may supersede certain provisions of these Terms of Use.