The Professional Petroleum Data Management (PPDM™) Association's supply of products and/or services to the user (the "User") are subject to the following Terms and Conditions which are deemed to be accepted by the User upon the User making
any use of, or receiving any benefit from, the PPDM™'s products and/or services, which may include, without limiting the nature and kind of products and/or services to be provided: the establishment of standards through the use of models,
schema, spatial enabling and reference values; products in the form of guides, sample data and technical specifications; the right to use the trademarks of the PPDM™ and services in the nature of publication, education, compliance and
certification. The following Terms and Conditions shall apply to the User:
1. Any rights and limitation set out in any license agreement entered into between the User and the PPDM™ in connection with the products and/or services shall be in addition to these Terms and Conditions.
2. Any right granted to the User by the PPDM™ to use any trademark of the PPDM™ is subject to the direct control and rules of use provided by the PPDM™ from time to time which right shall cease no later than the date upon which notification
is provided by the PPDM™ to the User advising that the right has ceased, or the date the User ceases to be a member of the PPDM™.
3. The User acknowledges that all at all times, all products and/or services and their accompanying supporting material, are, and remain, the intellectual property of the PPDM™ with all rights reserved for the benefit of the PPDM™.
EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS AND CONDITIONS, ANY PRODUCTS AND/OR SERVICES PROVIDED BY THE PPDM™ ARE PROVIDED "AS IS", AND THE PPDM™ DISCLAIMSANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THOSE
OF PERFORMANCE OR MECHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO ITS PRODUCTS AND/OR SERVICES, AND DO NOT WARRANT THAT THE FUNCTIONS OR THE OPERATION OR THE
CONTENT OF ITS PRODUCTS AND/OR SERVICES WILL BE:
- UNINTERRUPTED OR ERROR FREE;
- FREE FROM CONTENT WHICH MAY BE DEEMED TO BE PRIVATE UNDER THE LAWS OF THE PROVINCE OF ALBERTA OR THE COUNTRY OF CANADA;
THE PPDM™ SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY AND ALL ITEMS, STATEMENTS OR CONTENT TRANSMITTED, POSTED OR RECEIVED ON ITS SYSTEMS OR ANY OTHER SYSTEMS, OR FOR MONITORING THE SAME. THE PPDM™'S ENTIRE LIABILITY, REGARDLESS OF THE NUMBER
OF CLAIMS, IN CONTRACT, TORT OR OTHER THEORY OF LAW, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE, AND THE USER'S EXCLUSIVE REMEDY SHALL BE, AT THE OPTION OF THE PPDM™:
- TO EITHER REFUND THE LESSER OF THE AMOUNT THE USER PAID TO THE PPDM™ UNDER THE LATEST MEMBERSHIP APPLICATION OR THE FEES PAID BY THE USER FOR THE PARTICULAR PRODUCT AND/OR SERVICE PROVIDED; OR,
- TO PROVIDE THE USER WITH CORRECTED ITEMS
- PROVIDED THAT THE PPDM™ IS NOTIFIED OF ANY CLAIM WITHIN NINETY (90) DAYS FROM THE DATE ON WHICH THE CLAIM ARISES.
IN NO EVENT WILL THE PPDM™ BE LIABLE TO THE USER FOR ANY INDIRECT CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF THE USER OR OF ANY THIRD PARTY CLAIMED AGAINST THE USER, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST
REVENUE, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, CONTRIBUTION OR INDEMNITY
ARISING OUT OF THE USE, OR INABILITY TO USE THE PRODUCTS AND/OR SERVICES OR DELIVERABLES, IF ANY, PROVIDED UNDER THESE TERMS AND CONDITIONS, OR FOR CLAIM BY ANY OTHER PERSON EVEN IF THE PPDM™ OR ANY OF ITS