Terms and Conditions of Use

Last Updated: July 31, 2020

These Terms of Use (the “Terms”) are a legal agreement made by and between you, the user of the STI/SPFA website (“you”), and Steel Tank Institute/Steel Plate Fabrication Association (“STI/SPFA”, “we”, “us” or “our”) as the operator of any website linking to these Terms (“Services”) and governs your access and use of the Services.  By clicking “I accept”, creating an account or otherwise accessing and using the Services, you agree that you have read and understood, and, as a condition of your use of the Services, you agree to be bound by these Terms.  You further acknowledge that by placing an order on the Services, your purchase may be subject to additional terms and conditions, including our Privacy Policy, which will become part this agreement. If you do not agree to these Terms, you are not permitted to access or use the Services.

These Terms may be amended or modified by us at any time, with or without notice, by posting the revised version or otherwise communicating it to you through the Services.  Your continued use of any part of the Services constitutes acceptance to any such updated version.  It is therefore essential that you consult these Terms at the time of accessing the Services, particularly in order to determine which provisions are in operation at that time, in case they have changed since the last time you used the Services or reviewed these Terms.  Please refer to the “Last Updated” date at the beginning of this document when reviewing these Terms for updates.

1. Creating an Account

In order to access certain features of and utilize the Services, you must create an account (“User Account”).  You must complete the registration process by providing us with current, complete and accurate information as prompted in the applicable registration form, and you must keep that information current.  To create a User Account, you must be a legal resident of the United States and at least 18 years of age or the age of majority in your state of residence at the time of registration. You must safeguard your password and otherwise supervise the use of your User Account.  You understand and agree that you are responsible for your own use and the use of your User Account by anyone you allow to access it and will notify STI/SPFA immediately of any unauthorized use of your User Account.  Your User Account is non-transferrable and may not be sold, combined or otherwise shared with any other person or business.  We may periodically update the Services with tools, improvements, and other general updates to improve the Services.  You agree that your continued use of the Services may require you to receive these updates.

If you violate any of these Terms, we may terminate any or all of your User Accounts. If we terminate your User Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Services or in under your User Account, your User Account may be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Services.

2. Ownership of the Services and Content

The content and information on the Services as well as the infrastructure used to provide both, is proprietary to STI/SPFA or the party credited as the provider of the content.  Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of STI/SPFA or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or delete any author attribution, trademark legend or copyright notice.

3. Your Permitted Uses

The Services are private property of STI/SPFA.  Subject to the terms and conditions of these Terms, STI/SPFA grants you the non-transferable, nonexclusive, revocable, limited license to access and use the Services for personal, noncommercial purposes without any right to re-license, sublicense, distribute, assign or transfer such rights.  STI/SPFA reserves all rights not expressly granted in these Terms.  Your uses of the Services must be lawful and must comply with these Terms.  To the extent your conduct (as judged by us in our sole discretion) violates these Terms, we may limit your privileges on the Services and seek other remedies, which include, but are not limited to, terminating your User Account and use of the Services and retaining all fees paid to us by you for the Services.  As a condition of your use of the Service, you agree that:

  • You will not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from or otherwise connected to our Services without STI/SPFA’s express written approval;
  • You will not reverse engineer, decompile or modify Services, in whole or in part or otherwise use the Services or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Services;
  • You will not tamper or interfere with the proper functioning of the Services or any part, page or area of the Services, including any manner that could damage, disable, overburden or impair the Services, or attempt to transmit any “virus,” “trojan horse” or other software destruction or disruption device;
  • You will not attempt to scan or test the security or configuration of the Services or to breach security or authentication measures without proper authorization;
  • You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Services; and
  • You will not submit any purposely inaccurate information, commit fraud or falsify information in connection with your User Account;
  • You will maintain sufficient funds in your financial account to cover the amount of your purchases through our Services;
  • You will not aggregate any content or other information from the Services (whether using links or other technical means or physical records associated with purchases made through the Services) with material from other sites or on a secondary site without our express written permission;
  • You will not violate the copyright, trademark, service mark or other intellectual property rights of STI/SPFA or any third party in connection with your use of the Services; and
  • You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while you are using or accessing the Services.

4. Availability of the Services

You agree that from time to time we may modify or remove the Services, including any features therein, for indefinite periods of time at any time, without notice to you.  While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance.  STI/SPFA reserves the right to terminate your User Account and/or to prevent you from using or accessing the Services at any time, for any reason and at STI/SPFA’s sole discretion.  STI/SPFA retains the right to determine the content, appearance, design, functionality and all other aspects of the Services.  We shall not be liable to you or any third party should we exercise this right.

5. Accuracy, Completeness and Timeliness of Information

You are responsible for the accuracy of all information that you provide to us, including payment information.  If we have grounds to believe that you have provided us with false, inaccurate, misleading or deceptive information, we may choose not to proceed with a transaction. Completion of an online credit card transaction is contingent upon the authorization of payment by all entities involved in the processing, including your applicable credit card company. If, for any reason whatsoever, your payment is not processed, authorized or accepted by any entity involved in the processing of any online credit card transaction, your payment obligation shall remain outstanding and may be subject to late fees, charges or other actions where applicable.

You are responsible for any fees associated with any payment transaction that is returned by any bank or other financial institution. You understand and agree that STI/SPFA is not liable for erroneous bill statements or incorrect charges to your account.

Although we strive for accuracy in all elements of the Service, it may contain errors, inaccuracies or omissions.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Service is inaccurate at any time without prior notice.  Although we make reasonable efforts to prevent tampering with the Services, we do not guarantee that our efforts will always be successful.  STI/SPFA is not responsible for your reliance on any information or content found on the Services, and STI/SPFA makes no representations about the accuracy, reliability, completeness, or timeliness of the Services or information thereon, and is not responsible for the conduct, whether online or offline, of any person using the Services, including any person’s violation of these Terms.

6. Refunds and Cancellations Policies

For refund information on STI/SPFA Seminars, Meetings or Certification Courses, refer to the online brochure for each course, as cancellation deadlines and resultant cancellation fees may differ for each course.

7. Print Documents

Any printed or bound document can be returned for a full refund of the purchase price within 30 days of shipment; however, no refunds are provided for shipping charges.

8. Electronic or Downloadable Documents

Purchases and requests for electronic or downloadable documents (fee and no-fee) are confirmed in an email that includes a weblink. The weblink is available for activation for only three business days. If the weblink is not activated within that period of time, the download feature becomes inactive.

There are no refunds for any documents delivered electronically.

9. International Shipping

All documents purchased for shipment to countries outside the United States must be sent electronically. No shipping cost will be incurred. If you wish to purchase a printed document and have it shipped outside the US, please contact STI/SPFA at 847-438-8265 x221.

10. Third Party Links

Links to third party websites or platforms through the Services are provided solely as a convenience to you.  STI/SPFA is not responsible for the content provided through these links.  We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such third party content and we make no warranty as to the accuracy of any such information. STI/SPFA does not control and is not responsible for any third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof.  STI/SPFA does not endorse or make any representations about third party websites, platforms or any information, software or other products, services, or materials found there, or any results that may be obtained from using them.

11. Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Procedures

If you believe that any material has been posted via the Services in a way that constitutes copyright infringement, you shall provide STI/SPFA with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Services and description of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for STI/SPFA’s DMCA Agent for notice of claims of copyright infringement is:

Content Manager
Steel Tank Institute/Steel Plate Fabricators Association
944 Donata Court
Lake Zurich, IL 60047
Phone: 847-438-8265
Email: totoole@steeltank.com

12. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER STI/SPFA NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICES OFFERED THROUGH THE SERVICES OR (D) THE SERVICES BEING FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SERVICES IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. STI/SPFA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SERVICES AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STI/SPFA OR ANY OF ITS EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, ANY FAILURE OF TELECOMMUNICATION PROVIDERS, LOSS OF DATA OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF STI/SPFA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF STI/SPFA FOR CLAIMS ARISING UNDER THESE TERMS OF USE EXCEED THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (US$250.00) OR THE AMOUNT YOU PAID FOR THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM.  YOU ACKNOWLEDGE THAT STI/SPFA WOULD NOT PROVIDE ACCESS TO THE SERVICES IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THESE TERMS OF USE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

14. Indemnity

You agree to indemnify, defend and hold us (including our employees, directors, agents, affiliates, and representatives) harmless from and against any and all claims, demands, action, suits, investigation, audit, inquiry or other proceeding brought by a third party, and associated costs, losses, damages, liability, penalties, interest and expenses (including attorneys’ fees) that arises out of or relates to your actual or alleged violation of these Terms or other improper use of the Services through your User Account.

15. Severability

If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

16. Contact Information

To contact STI/SPFA about these Terms of Use, please contact us via phone at 847-438-8265 or via email at info@steeltank.com.

“Associating with other fabricators has improved our manufacturing and broadened our abilities.”

Jim O’Day
O’Day Tanks

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