Terms of Use

Outdoor Power Parts and Accessories Association

Website Terms and Conditions of Use

Last modified: April 5, 2022

IMPORTANT – PLEASE READ CAREFULLY

ACCEPTANCE OF TERMS THROUGH USE

Welcome to www.oppaa.org (the “Site”). Your use of this Site is subject to these terms and conditions, which together with our Privacy Policy govern Outdoor Power Parts and Accessories Association (“OPPAA” or “our” or “we”) relationship with you in regard to this Site. By accessing or using the Site, you agree to be bound by these terms and conditions of use (“Terms of Use”). You represent that you are at least the age of majority in your jurisdiction and possess the legal right and ability to enter into these Terms of Use.

If you do not agree to or are not legally able to agree to be bound by this Agreement, do not access or use this Site.

MODIFICATIONS

OPPAA may modify, change, or update these Terms of Use at any time, without notice or liability to you, and in its sole discretion. Any such modifications, changes, or updates shall become effective immediately upon posting to the Site. Your continued access and use of the Site thereafter indicates your agreement to the modified Terms of Use.

ACCESS AND SECURITY

The availability of the Site depends on many factors, including some beyond OPPAA’s control. You are solely responsible for making all arrangements necessary to have access to the Site and ensuring that those who access the Site through your internet connection are aware of and comply with these Terms of Use. OPPAA shall not be liable to you if you cannot use this Site for any reason.

Access to certain features of the Site requires a personal username and password, which you may establish through the Site. To obtain such username and password, you may be asked for certain information. You represent and warrant that all information you provide through the Site is correct, current, and complete. The username and password are part of OPPAA’s security verification system, and you acknowledge it is your responsibility to treat them as confidential, refrain from disclosing them to others, and protect their security. You acknowledge that your account is personal to you and you will not provide any other person with access to the Site or restricted areas using your username and password. You shall notify OPPAA immediately if any unauthorized access to or use of your username or password or if any other breach of security has occurred. OPPAA reserves the right to disable your username and password at any time in its discretion for any or no reason, including if OPPAA believes you have violated these Terms of Use.

PRIVACY

Any information collected on this Site is subject to OPPAA’s Privacy Policy, which describes how we handle the information you provide to us when you access and use the Site. By accessing and/or using this Site, you consent to the collection, use, storage, processing, transfer, and all other actions OPPAA, its affiliates, service providers, and third parties may take with respect to your information, as set forth in the Privacy Policy.

PERMITTED USE

So long as you comply with these Terms of Use, OPPAA grants you permission to display the Site on your Internet browser solely for permitted OPPAA-related purposes only and not for commercial reproduction, distribution, publication, or any activity in contravention of these Terms of Use, OPPAA’s rights, rights of any third parties, or any applicable laws. You shall not assign or transfer this permission to others.

You may use this Site only in accordance with these Terms of Use and for lawful purposes. You may not use the Site (a) to gain (or attempt to gain) access to areas, features, or services for which you do not have the proper authorization or otherwise compromise the Site security; (b) to impersonate any person or entity (including OPPAA or its employees), or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; (c) in a manner that violates any national, state, local or international law, rule or regulation; (d) to advertise, promote or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters” or “spam;” (e) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (f) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site or OPPAA’s services; (g) to harvest or collect information of other users by electronic or other means; (h) to send, knowingly receive, upload, download, use or re-use material that is libelous, threatening, defamatory, infringing, obscene, indecent, pornographic, discriminatory, comprised of classified information, contain malicious code, harasses, annoys, inconveniences, alarms, or otherwise burdens others; or (j) via data mining, robot, spider, data gathering or extraction tool, or other automatic device, process or means to monitor or copy material on the Site; (k) in a way that disrupts the Site or attacks the Site via a denial-of-service attack or a distributed denial-of-service attack; (l) in any manner that is threatening, harassing, or discriminatory; or (m) in a manner that OPPAA determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Site or OPPAA’s services.

You shall not copy, modify, adapt, reproduce, disassemble, decompile, reverse engineer, sell, lease, perform, display, transmit, translate, create derivative works, collect content or information in a database, circumvent technological safeguards, restrict access to, or otherwise access, alter, or discover the source code, object code, or other portion of the Site (in whole or in part). You may not download, disclose, share, sell, distribute, or commercially exploit the content, software, tools, databases used, or results of any database search performed on the Site. You may use certain tools or features of the Site only in accordance with these Terms of Use and for OPPAA purposes. You are responsible for your use of the Site and all use of the Site that occurs by, through, or in connection with access to the Site via your computer, internet connection, or username and password credentials.

You understand that you are the sole person responsible for any and all actions performed using your member account. If you violate any of the terms of these Terms of Use, your right to use the Site will cease immediately and you must, at OPPAA’s option, return or destroy any materials or copies of the foregoing that you have made. No right, title, or interest in or to the Site or its content is transferred to you. Any use of the Site not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use and may also violate copyright, trademark, or other laws. In addition to any other legal or equitable remedies, OPPAA may, without prior notice to you, immediately terminate these Terms of Use, disable any user name, password or other identifier, or revoke or suspend any or all of your rights granted under this Terms of Use.

INTELLECTUAL PROPERTY

This Site, its content, functionality, and features are owned by OPPAA or third parties and are protected by copyright, trademark, trade secret, and other intellectual property laws. Any unauthorized access or use of this Site or any portion thereof may violate such laws.

OPPAA’s name, trademarks, service marks, logos, designs, and tag lines are owned exclusively by OPPAA or its affiliates or licensors. OPPAA does not grant you any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity, or other intellectual or proprietary right of OPPAA or any of the goodwill associated with any of the foregoing. OPPAA reserves the right to enforce its intellectual property and proprietary rights to the fullest extent of the law.

LINKS TO THIRD PARTY SITES

You must obtain OPPAA’s prior written consent before posting any links to this Site. OPPAA may withdraw its consent and permission at any time, for any or no reason, and without notice. You agree to fully cooperate with OPPAA if it is required that you terminate any unauthorized linking.

This Site may contain links to other websites owned or operated by OPPAA, affiliates, or by third parties not under OPPAA’s control. These links are provided for your convenience and/or reference only. Links to other websites shall not be deemed to be endorsed by OPPAA and these Terms of Use do not apply to other sites not owned or operated by OPPAA. OPPAA is not responsible for the content, quality, security, or accuracy of any materials or sites referenced or linked through this Site. You assume sole responsibility and liability for your use of such linked sites.

USER CONTENT AND SUBMISSIONS

You may be permitted to provide, post, release, transmit, or submit various types of data, content, or information in connection with, to, or through the Site (collectively referred to as “Submissions”). Any such Submissions, such as questions, comments, answers, information made public in member profiles, social media posts, or the like submitted by you to OPPAA will be treated as non-confidential and non-proprietary, to the extent not provided for by OPPAA’s Privacy Policy. You warrant and agree that such Submissions are non-confidential and non-proprietary. You are responsible for any Submissions you provide, including compliance with applicable laws, rules, and regulations. You warrant and agree that you have the right to disclose any Submissions, content, or information provided to OPPAA. OPPAA does not assume any responsibility, obligation, or liability in connection with your Submissions. You grant to OPPAA an irrevocable, sublicensable, worldwide, royalty free, license to use any Submissions for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, commercialization, and posting. Furthermore, OPPAA is free to use any ideas, expression, conceptions, or know-how contained in any Submissions for any purpose whatsoever. Any personally identifiable information provided by you in connection with features and functions of the member-only Site will be treated in accordance with our Privacy Policy.

INTERNATIONAL ACCESS AND USE

OPPAA is based in the United States. By choosing to access or use the Site from any location other than the United States, you accept full responsibility for compliance with any applicable local laws or regulations. This Site may contain products or services, or references to products or services, that are not available outside the United States. Any such references do not imply that such products or services will be made available outside the United States. OPPAA makes no claims that the Site or any of its content is accessible or appropriate outside the U.S.

DISCLAIMER; LIMITATION OF LIABILITY

THE SITE AND ITS CONTENT, INFORMATION, FUNCTIONALITY, SERVICES, PRODUCTS, AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. OPPAA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, EFFICACY, RELIABILITY, OR VERACITY OF THE SITE. OPPAA NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SITE IS LEGAL UNDER ALL APPLICABLE LAWS AND REGULATIONS OR WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. YOU ACKNOWLEDGE THAT YOU USE THIS SITE AT YOUR OWN RISK. OPPAA DOES NOT WARRANT THAT THE SITE, ITS FUNCTIONALITY, OR FEATURES WILL BE UNINTERRUPTED OR ERROR FREE, ACCURATE, USEFUL, COMPLETE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS. OPPAA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, DATA COMPLETENESS, SECURITY, RELIABILITY, QUALITY, AVAILABILITY, AND SYSTEM INTEGRATION. OPPAA MAKES NO WARRANTY AS TO THE SECURITY OF THE SITE. OPPAA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR MOBILE DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES, ITEMS, OR INFORMATION OBTAINED THROUGH THE SITE OR BY DOWNLOADING ANY MATERIAL POSTED ON THE SITE OR ON ANY SITE LINKED TO THIS SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPPAA, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF OPPAA HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPPAA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE.

INDEMNITY

You agree to indemnify, defend and hold harmless OPPAA, its affiliates, and their respective officers, directors, shareholders, employees, agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees), and damages arising out of or relating to (i) your access or connection to, or use of this Site, including without limitation claims arising out of information, or content on the Site, (ii) your violation of a third party’s intellectual property or other rights, (iii) any claims alleging facts that, if true, would constitute a breach by you of these Terms of Use, (iv) injury to persons (including death) or property, including loss or corruption of data caused by you. OPPAA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with OPPAA’s defense of such claims.

RELATIONSHIP BETWEEN THE PARTIES

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and OPPAA as a result of these Terms of Use or any access to or use of this Site. You agree not to hold yourself out as a representative, agent, or employee of OPPAA and OPPAA shall not be liable for any representation, act, or omission by you to the contrary.

NO ASSIGNMENT

You shall not assign, delegate, or otherwise transfer your rights, interests, or obligations under these Terms of Use to any third party and any such attempted transfer shall be void. These Terms of Use shall inure to the benefit of the each party and their respective successors and assigns.

REMEDIES

You agree that OPPAA’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate and that in the event of any such actual or threatened breach OPPAA shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that OPPAA may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including but not limited to attorneys’ fees. All rights and remedies granted to OPPAA under these Terms of Use are cumulative, not alternative, and are in addition to all other rights and remedies available to OPPAA at law or in equity.

GOVERNING LAW; VENUE; LIMITATIONS ON ACTIONS

These Terms of Use and your access and use of the Site are governed by the laws of the Commonwealth of Virginia, without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in Virginia, in all disputes arising out of or relating to these Terms of Use and/or your access or use of the Site. You must commence any cause of action or claim against OPPAA within one (1) year after the cause of action or claim arises, otherwise your cause of action or claim shall be barred.

SEVERABILITY; WAIVER; INTEGRATION

If any portion of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms of Use will continue in full force and effect. Except as otherwise expressly stated herein, these Terms of Use represent the entire agreement between the parties, superseding any and all other prior or contemporaneous agreements, promises, or representations between them regarding the Site. The failure or delay of OPPAA to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver or said right or provision. Any waiver granted by OPPAA shall not obligate OPPAA to grant any further, similar, or other waivers.

RESERVATION OF RIGHTS

OPPAA reserves any and all rights not expressly granted herein.

CONTACT

Please send any notices, questions, comments, or concerns regarding this Site, including any notifications of claimed copyright infringement, to sshomers@opei.org, at 703-549-7600, or:

OPPAA

Executive Headquarters

1605 King Street

Alexandria, Virginia 22314

Attn: Suzanne Shomers