Welcome to SIGMA Exchange (the “Site”). The Site is owned and operated by the Society of Independent Gasoline Marketers of America (“SIGMA”, “we” or “us”). Access to the Site is restricted to SIGMA members. Access to certain online communities on the Site may be further restricted to certain SIGMA members. You shall not access or use the online community, or permit or enable anyone else to access or use the online community, unless you, or such other person, are properly authorized to do so.
1. CERTAIN DEFINITIONS
- “SIGMA Content” means all content published by SIGMA on the Site, including, without limitation, articles, editorials, blogs, images, graphics, photographs, audio, video, multimedia and interactive content.
- “Log-in Information” means the User’s e-mail address and password, all of which are required for a User to log into his or her account on the Site. The Log-in Information is linked to SIGMA’s member database, which contains Personal Information.
- “Personal Information” means certain personally identifiable information disclosed by a User, including first and last names, company name, telephone number, address, email address, and membership number and Log-in Information.
- “Screen Name” means the User’s first and last name. A User’s Screen Name is considered “public,” meaning that it will be visible to others who have logged onto the Site.
- “User” means any person who is authorized to use the features available on the Site.
- "Username” means the User’s e-mail address. A User’s Username is considered “public,” meaning that it will be visible to others who have logged onto the Site.
- “User Posting” means any content, material, information, data, message or communication posted by a User on the Site. User Posting includes any information that such User chooses to publish, have published, or otherwise share with others through the Site.
2. CHANGES TO ToU
We reserve the right to modify the ToU from time to time in our sole discretion. If we make changes to the ToU, we will announce and post such changes on the Site. By continuing to use the Site after such notice is posted, you are bound by the ToU as modified with respect to all your subsequent uses of use the Site.
3. CHILDREN AND MINORS
The features available on the Site are not to be used by children and minors under the age of 18. By using the features available on the Site, you represent and warrant that you are at least 18 years of age.
4. RESERVATION OF RIGHTS BY SIGMA
Your use of the Site is a privilege and NOT a right. Accordingly, SIGMA expressly reserves the following rights:
- the right to suspend, revoke and terminate your privilege to use the Site at any time and with or without notice, should you violate the ToU or any applicable law (note that a violation of the ToU by anyone using the Site under your authority or permission will be deemed a violation by you, whether or not the violation is with or without your knowledge or consent),
- the right to suspend or terminate the account of any User who we believe is a copyright infringer and to deny re-registration by such User;
- the right to suspend, delete, remove, block, disable and deny access to any User Postings at any time, for any or no reason, and with or without notice, including, without limitation, User Postings that, in the sole judgment of SIGMA, violate the ToU or any applicable law, or may expose or subject SIGMA to claims or liabilities of any kind, or may adversely affect the reputation or goodwill of SIGMA, or may pose threats, danger or harm of any kind to the Site, any SIGMA Content, or other Users;
- the right to investigate any violation or suspected violation of the ToU and cooperate with law enforcement authorities and/or third parties in such investigation;
- the right to preserve and disclose any and all of your Personal Information if doing so is required by law or, in our good faith belief, is reasonably necessary to: (a) comply with legal process; (b) enforce the ToU; (c) respond to claims that any User Postings violate the rights of third parties; (d) respond to an emergency; or (e) protect the rights, property or safety of SIGMA or its Users; and
5. RESPONSIBILITY FOR USER POSTINGS
All User Postings are the sole responsibility of the User or Users from whom such postings originated. This means that you, and not SIGMA, are entirely responsible for all User Postings made by you. You acknowledge and agree that:
- SIGMA may, but has no obligation to, pre-screen, review, edit or monitor any User Postings;
- SIGMA does not direct or control User Postings and makes no representation or warranty whatsoever as to the accuracy, integrity, validity or legitimacy of any User Postings;
- the online communities on the Site are semi-public fora and there is no reasonable expectation of privacy by any User when accessing them; therefore, you should only make User Postings that you are comfortable sharing with others under the ToU;
- for any Personal Information that you choose to publish, have published, or otherwise share with others on the Site, you are deemed to have expressly waived your right and expectation of privacy for such information; and
- under no circumstances will SIGMA be responsible or liable for others’ use or misuse of any information or data that you choose to publish, have published, or otherwise share with others on the Site.
6. PROHIBITED CONDUCT
You shall not share or disclose your Log-in Information or allow anyone to access or use the Site via your account or impersonate you on the Site.
You may not use the Site to:
- Make User Postings that are unlawful, harmful, threatening, abusive, bullying, harassing, tortious, defamatory, libelous, vulgar, offensive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your association or affiliation with any person or entity (including SIGMA);
- Forge headers or otherwise manipulate identifiers to disguise the origin or source of your User Postings;
- Make any User Postings that you have no right, authority or permission to make;
- Make any User Postings that infringes, violates or misappropriates any copyright, trademark, trade secret, patent, right of privacy, right of publicity, or other property, personal or proprietary right of any person or entity (including SIGMA);
- Direct or encourage Users to make an agreement intended to expressly or impliedly restrict free trade or competition. User Postings are subject to antitrust laws. The following topics are prohibited: current or future prices; what constitutes a “fair” profit level; possible increases or decreases in prices; standardization or stabilization of prices; pricing procedures; cash discounts; credit terms; control of sales; allocation of markets or geographical division of markets; refusal to deal with a corporation because of its pricing or distribution practices; and whether or not the pricing practices of any industry member are unethical or constitute an unfair trade practice.
- Make any User Postings that are commercial in nature, including unsolicited advertising, promotional and marketing materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Make any User Postings that contain viruses, spyware, malware, or any other malicious or harmful computer code, files or programs that are designed to invade, infiltrate, damage, disrupt, interfere with, or otherwise adversely affect any computer software, hardware, network or equipment;
- Engage in “trolling,” such as making any User Postings that are off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other Users are able to type, or otherwise acting in a manner that negatively affects other Users’ ability to engage in real time exchanges;
- Interfere with or disrupt the Site or any servers or networks connected to the Site, or disobey any requirements, procedures, protocols, policies or regulations of networks connected to the Site, or engage in reverse engineering, decoding, decompiling, disassembling or similar act with respect to any software program or application;
- Violate any applicable law, whether intentionally or unintentionally;
- Stalk or otherwise harass any other person or entity;
- Solicit or collect personal data about others for any unlawful or unauthorized purpose, or in violation of the ToU;
- Override or circumvent (or attempt to override or circumvent) any usage rules or content protection measures embedded in the Site or any SIGMA Content;
- Use another User’s Username, Screen Name, Log-in Information or other account information without permission; or
- Engage in any other conduct or activity that SIGMA determines, in its sole judgment, is illegal, abusive, harmful, improper or inappropriate.
To report abuse or prohibited conduct on the Site, please contact SIGMA at firstname.lastname@example.org.
7. INTELLECTUAL PROPERTY
- SIGMA Trademarks and Service Marks.
The names “SIGMA” and “SOCIETY OF INDEPENDENT GASOLINE MARKETERS OF AMERICA” and associated logos (collectively the “SIGMA Marks”) are trademarks and service marks of SIGMA and are protected by federal, state and international laws. Except for purposes of attribution as may be required by licenses under which some of the SIGMA Content is published on the Site and the ToU, you may not use the SIGMA Marks, or any variations thereof, for any purpose or in any manner, without express prior written consent of SIGMA. Without limiting the generality of the foregoing, you may not use any SIGMA Mark for advertising, promotional or marketing purposes, or for seeking commercial or monetary gain, or in any way that deliberately or inadvertently claims, suggests, implies, or in SIGMA’s sole judgment gives the appearance or impression of, any association, connection or affiliation with SIGMA (other than a truthful, non-misleading indication that you are a Member of SIGMA or a User of the Site), or any endorsement, sponsorship or approval by SIGMA. Unless otherwise noted, all other trademarks and service marks appearing on the Site are the property of their respective owners.
- SIGMA Copyrights.
All SIGMA Content is protected under U.S. and international copyrights. SIGMA owns or has obtained all necessary rights, title and interest, including all rights under copyright, in and to the SIGMA Content. Your rights to use, share and adapt SIGMA Content under the ToU are merely those of a non-exclusive licensee, and you do not acquire copyright ownership with respect to any SIGMA Content.
- Legal Notices.
To the extent any SIGMA Content contains or includes any legal disclaimers, trademark, copyright and/or other legal rights notices, and/or source, identification and/or attribution information (collectively “Legal Notices”), you must keep intact all such SIGMA Legal Notices, and may not remove, alter, destroy, conceal or otherwise temper or interfere with the same.
- DMCA Notice: Notification of Copyright Infringement Claims Pursuant to the Digital Millennium Copyright Act (“DMCA”).
SIGMA will investigate claims of copyright infringement that it receives under this DMCA Notice and will remove or disable access to the content that is the subject of the infringement claim.
- Notice of Copyright Infringement
If you are a copyright owner or an authorized agent of the copyright owner and wish to notify SIGMA as the owner and operator of the Site of a copyright infringement on the Site, you must submit in writing the following to SIGMA’s Designated Copyright Agent identified below:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work(s) claimed to have been infringed on the Site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SIGMA to locate the material;
(4) Information reasonably sufficient to permit SIGMA to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a notice of copyright infringement has been filed against you as a User of the Site, you may make a counter-notification in writing by submitting the following to SIGMA’s Designated Agent listed below.
(1) Your physical or electronic signature.
(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located.
- Liability for Misrepresentation
Be aware that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents under Section 512 that the material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification will be liable for damages as described in that section. Accordingly, before taking action under this DMCA Notice, you should consult with an attorney.
- SIGMA’s Designated Agent
SIGMA’s Designated Agent for notices and counter-notifications under this DMCA Notice is
1330 Braddock Place
Alexandria, VA 22314
- Repeat Infringers
Pursuant to SIGMA’s DMCA policy, SIGMA will terminate without notice your access to the features of this Site if SIGMA, in its sole discretion, determines that you are a repeat infringer of copyrights.
8. ONLINE PRIVACY; PROFILE AND SECURITY
All User Postings made by a User will automatically be linked to that User’s Screen Name; thus, when you make a User Posting on the Site, your Screen Name will be visible to others in connection with that posting. You acknowledge and agree that, for any Personal Information that you choose to publish, have published, or share with others on the Site, you have expressly waived your right and expectation of privacy for such information, and you do so solely and entirely at your own risk. SIGMA shall not be responsible or liable for others’ use or misuse of any information or data that you choose to publish, have published, or share with others on the Site.
SIGMA will use reasonable efforts to safeguard your Personal Information in SIGMA’s possession or control against unauthorized access and disclosure. However, you understand and acknowledge that no data transmission over the Internet and no data storage can be 100% secure. Consequently, SIGMA does not warrant or guarantee the security of any information you transmit to, from or on the Site. It is also your responsibility to safeguard your Personal Information. Please log off from your account and close your browser at the end of each session. Special caution should be exercised when accessing your account from a public or shared computer. You agree to promptly notify SIGMA upon knowledge of any unauthorized access or disclosure of your Personal Information or Log-in Information or of any breach of security involving your account.
9. LINKS TO THIRD PARTY WEBSITES
The Site may include links or references to third party websites, or a User might post a link or reference to a third party website on the Site (collectively, the “Linked Websites”). SIGMA does not own, endorse, approve or control any such Linked Websites or the content, information, products or services that are accessible through or advertised at such Linked Websites. Your access or use of any such Linked Websites is at your own risk. You agree that SIGMA shall not be liable for any claims, losses, damages or injuries of any kind incurred by you as a result of your access or use of a Linked Website.
THE SITE, ALL SIGMA CONTENT, AND ALL SERVICES, FEATURES AND APPLICATIONS OFFERED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE ONLINE CHAT, DISCUSSION BOARD, MESSAGE BOARD OR OTHER ONLINE COMMUNITY FEATURES, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SIGMA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY AND ALL SIGMA CONTENT, AND ANY AND ALL SERVICES, FEATURES AND APPLICATIONS OFFERED ON THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, SIGMA DOES NOT WARRANT OR GUARANTEE THAT THE SITE, ANY SIGMA CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE SITE, IS ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL SIGMA OR ITS AFFILIATES BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE SITE, ANY SIGMA CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE SITE, OR YOUR USE OF (OR YOUR INABILITY TO USE) OR RELIANCE UPON ANY OF THE FOREGOING, REGARDLESS OF WHETHER OR NOT SIGMA AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. USER INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SIGMA HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH: (1) ANY USER POSTINGS MADE BY YOU; OR (2) YOU BREACH OR VIOLATION OF ANY PROVISION OF THE ToU OR ANY APPLICABLE LAW. SIGMA RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH SIGMA IN SUCH DEFENSE AND SETTLEMENT.
The ToU is governed by and shall be construed in accordance with the laws of the State of Missouri, U.S.A., without regard to its conflict of laws principles. Any dispute arising between you and SIGMA concerning the Site, any SIGMA Content, any User Postings, or the ToU shall be decided exclusively by state courts located in Fairfax, Virginia, U.S.A. or federal courts located in the Eastern District of Virginia. The ToU constitutes the entire agreement between you and SIGMA concerning your use of the Site. If any portion of the ToU is deemed invalid by a court of competent jurisdiction, the invalidity of such portion shall not affect the validity of the remaining portions of the ToU, all of which shall remain in full force and effect. No waiver of any provision of the ToU shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under the ToU shall not constitute a waiver of such right or provision.
14. CONTACT US
If you have any questions regarding the ToU, please contact us at SIGMA:
1330 Braddock Place
Alexandria, VA 22314