1. Agreement Between American-Speech-Language-Hearing Association and User
This is a binding agreement ("Agreement") between the American Speech-Language-Hearing Association ("ASHA") and you, the user ("You" or "Your"). ASHA's Web Site, www.asha.org, is offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By using ASHA's Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
3. No Professional Advice
The information and materials available through ASHA's Web Site, including without limitation the ASHA Web Services, is for informational and educational purposes only and is not a substitute for the professional judgment of health care professionals in diagnosing and treating patients. The medical, scientific and general information included on ASHA's Web Site may reflect innovations and opinions not universally shared and does not necessarily reflect the view of ASHA.
ASHA AND ASHA'S WEB SITE, INCLUDING WITHOUT LIMITATION ASHA'S WEB SERVICES, DO NOT GIVE MEDICAL ADVICE, OR PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH ASHA'S WEB SITE, INCLUDING WITHOUT LIMITATION ON ASHA'S WEB SERVICES, IS SOLELY AT YOUR OWN RISK.
5. Usage of ASHA's Web site
As a condition of Your use of ASHA's Web Site, You represent and warrant to ASHA that You will not use ASHA's Web Site for any unlawful purpose or in any manner prohibited by this Agreement's terms, conditions or notices.
You represent and warrant that You will not use ASHA's Web Site in any manner which could damage, disable, overburden or impair ASHA's Web Site or interfere with any other party's use and enjoyment of ASHA's Web Site.
The ASHA Members Only portion of ASHA's Web Site ("Members Only Site") will be accessible only to dues paying members of ASHA ("Members"). All Member information provided to ASHA and posted on ASHA's Web Site, including without limitation name, title, address, phone number, fax number, and email address, must be reasonably current, accurate and complete. If ASHA at any time discovers any error or omission in the information You provide, ASHA may in its sole discretion terminate Your right to access and use of the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your ASHA Member information to access any portions of ASHA's Web Services which are restricted to Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You as a result thereof.
ASHA's Web Site may contain chat areas, forums, news groups, bulletin board services and other facilities ("ASHA Web Services") that permit You to communicate with other ASHA Members. You agree to use these ASHA Web Site only to post, send and receive messages and materials that are appropriate and related to the facility or service. By way of example, and not as a limitation, You agree that when using ASHA Web Site, You will not:
- Violate any applicable laws or regulations;
- Send, publish, post, upload, distribute or disseminate any information that may violate antitrust law, including without limitation past, current, or future fees; fee discounts provided; terms of credit; price and pricing information; inventories; commission information; profit information, including what is a reasonable or fair profit margin;
- Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as ASHA's logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;
- Falsify or delete author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from ASHA's Web Site;
- Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;
- Harass, abuse, threaten or otherwise violate any legal rights of others;
- Attack, ridicule, denounce, impugn an person's character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation;
- Upload viruses, corrupted files or any other software or information that may damage the operation of another's computer or network;
- Use ASHA's Web Site for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;
- Use ASHA's Web Site to forward chain letters;
- Permit anyone other than Yourself to use Your ASHA Member information to access any portions of ASHA's Web Site which are restricted to Members only;
- Forward any portions of ASHA's Web Site which are restricted to Members to anyone who is not a Member of ASHA; or
- Violate any of ASHA's policies, guidelines or other codes of conduct which are applicable to ASHA's Web Site or in particular to one of ASHA's Web Services.
- Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of ASHA;
- Frame, squeeze back, overlay or employ other techniques to enclose or display the ASHA Web Site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the ASHA Web Site, with any other software or content of a third party;
- Use any meta tags or any other "hidden text" utilizing the names or trademarks of ASHA without its prior written consent;
- Without limiting the generality of the other restrictions set forth herein, access, monitor or copy any content or information of this Web Site using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose; or
- Violate any of ASHA policies, guidelines or other codes of conduct.
ASHA has no obligation to screen or monitor ASHA's Web Site; however, ASHA reserves the right to review information or materials posted to ASHA's Web Site, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of ASHA's Web Site. ASHA reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from ASHA's Web Site, including without limitation any information or materials posted through use of ASHA's Web Services, regardless of whether such material does or does not violate this Agreement or any of ASHA's policies, guidelines, or other codes of conduct which are applicable to ASHA's Web Site or in particular to one of ASHA's Web Services.
ASHA DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY OF ASHA'S WEB SERVICES, AND ASHA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ASHA'S WEB SERVICES. ASHA DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON ASHA'S WEB SERVICES UNLESS IT IS PROVIDED BY AN AUTHORIZED ASHA SPOKESPERSON. ANY STATEMENTS MADE ON ASHA'S WEB SERVICES REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND YOUR RELIANCE ON ANY SUCH CONTENT IS AT YOUR OWN RISK. ASHA'S WEB SERVICES WILL BE MANAGED OR HOSTED BY EITHER EMPLOYEES OR MEMBERS OF ASHA, WHO ARE NOT AUTHORIZED ASHA SPOKESPERSONS, AND THEIR VIEWS OR ACTIONS IN MANAGING OR HOSTING ASHA'S WEB SERVICES DO NOT NECESSARILY REFLECT THOSE OF ASHA.
The Members Only Site is intended by ASHA to require a user identification and password to access and use. Certain ASHA Web Services may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the user identification, passwords and codes ("Member Information") assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel's failure to maintain the strict confidentiality of Member Information; and (3) promptly informing ASHA in writing of any need to deactivate or replace any Member Information due to security concerns. ASHA is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify ASHA immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to ASHA under this section of the Agreement may be accomplished by sending e-mail to email@example.com or by conventional mail to:
American Speech-Language-Hearing Association
2200 Research Boulevard #420
Rockville, MD 20850
7. Product Information and Warranties
At ASHA we advertise and offer for sale our products and other third party products. Unless indicated otherwise, most products and services featured on the site are available directly from or through ASHA's Web Site. ASHA has made a conscientious effort to display and describe its products and services on ASHA's Web Site accurately so that You may preview their design and use. Furthermore, ASHA is constantly improving its information, products and services. Consequently, ASHA cannot and does not warrant or guarantee the accuracy or completeness of the information, including prices, product images, specifications, fitness for use, reliability, availability and services. Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers.
If a product offered by ASHA on ASHA's Web Site is not as described, your sole remedy is to return it pursuant to our Quality Guarantee. Warranty information regarding any products and services featured on ASHA's Web Site is available at no cost to You by e-mailing the ASHA Product Sales Department at firstname.lastname@example.org, or by writing to:
American Speech-Language-Hearing Association
2200 Research Boulevard #426
Rockville, MD 20850
RECEIVING AN ORDER ACKNOWLEDGEMENT VIA E-MAIL DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. ASHA RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER.
ALL ITEMS PURCHASED FROM ASHA ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER.
8. Copyright and Trademark Ownership, Notices and Infringement
All contents of ASHA's Web Site are: Copyright ©1997-2011 ASHA. All rights reserved.
ASHA's Web Site and the content displayed on ASHA's Web Site and all software, data and information used to provide ASHA's Web Site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to ASHA, its affiliate and licensees and are protected by the copyright laws of the United States and other countries. The compilation of the content on ASHA's Web Site is the exclusive property of ASHA and is protected by the copyright laws of the United States and other countries.
ASHA does not claim ownership of the individual materials or information You may provide to ASHA, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to ASHA's Web Site including without limitation any of ASHA's Web Services. However, if You provide such materials or information to ASHA:
- You are warranting and representing that You own or otherwise control all of the rights to Your materials or information including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the materials or information; and
- You are granting ASHA, its affiliated entities and necessary sublicensees permission to use Your materials or information, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivative or collective works, translate and reformat the materials or information, and to publish Your name in connection with Your materials or information. ASHA will not pay You compensation with respect to the use of Your materials or information.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from ASHA's Web Site, without the prior written permission of ASHA. Please refer to the copyright statement for further information and for details on requesting permission to reuse our content.
ASHA grants You the limited and nonexclusive right and license to access or download content from ASHA's Web Site solely for Your personal and non-commercial use and as necessary in connection with the use of any services available through ASHA's Web Site. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use ASHA's Web Site or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to ASHA and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from ASHA's Web Site as authorized hereunder.
Any rights not expressly granted herein are reserved.
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to ASHA's names, logos, logotypes, trade dress, designs, or other trademarks.
Trademarks: CERTIFICATE OF CLINICAL COMPETENCE IN AUDIOLOGY; CERTIFICATE OF CLINICAL COMPETENCE IN SPEECH-LANGUAGE PATHOLOGY; AMERICAN JOURNAL OF SPEECH-LANGUAGE PATHOLOGY; AMERICAN JOURNAL OF AUDIOLOGY; AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION; ASHA; ASHA FACS.
Any rights not expressly granted herein are reserved.
Repeat Infringer Policy and Copyright Complaints:
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law ASHA has adopted a policy of terminating, in appropriate circumstances and in ASHA’s sole discretion, accounts deemed to be repeat infringers. ASHA may also, in its sole discretion, limit access to the Web Site and/or terminate any account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement. If you believe that any user of the Web Site or any account holder has engaged in repeat infringement of your copyrighted materials on or in connection with the Web Site, you may provide our designated agent with information about your allegations of repeat infringement.
If you believe in good-faith that anything on the Web Site infringes any copyright that you own or control, you may file a notification of alleged copyright infringement with our designated agent. To be effective, the notification must be a written communication that includes:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
- 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 ASHA to locate the material;
- Information reasonably sufficient to permit ASHA to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The alleged infringer may provide our designated agent with a proper counter-notification. To be effective, the counter-notification must be a written communication that includes the following information:
- The counter-notifying party’s physical or electronic signature;
- Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
- A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where ASHA is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided ASHA with notification or an agent of such a person.
We suggest that you consult an attorney before sending us a notification or counter-notification.
Notifications and counter-notifications may be sent to our designated agent, Arlene A. Pietranton, PhD, CAE, at the following address: email@example.com.
If you would prefer to mail your notification or counter-notification to our designated agent, you may use the following address:
Arlene A. Pietranton
2200 Research Boulevard #200
Rockville, MD 20850-3289
9. Links to Third Party Web Sites
ASHA's Web Site may contain links to third party Web Sites. The third party Web Sites are not under the control of ASHA, and ASHA is not responsible for the contents of any third party Web Sites, and the inclusion of any link is as a convenience and does not imply endorsement by ASHA of the sites or any association or relationship with its operators.
ASHA reserves the right in its sole discretion to terminate Your access to ASHA's Web Site, including without limitation ASHA's Web Services, at any time without notice for any reason whatsoever.
Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.
11. Compliance With Applicable Laws
ASHA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
12. General Disclaimers, Exclusion of Damages, and Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH ASHA'S WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. ASHA MAY MAKE IMPROVEMENTS OR CHANGES TO ASHA'S WEB SITE AT ANY TIME. ADVICE RECEIVED VIA ASHA'S WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.
ASHA MAKES NO REPRESENTATIONS ABOUT ASHA'S WEB SITE, INCLUDING, WITHOUT LIMITATION, ASHA'S WEB SITE'S SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH ASHA'S WEB SITE. ASHA PROVIDES ASHA'S WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ASHA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ASHA'S WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH ASHA'S WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF ASHA'S WEB SITE IS TO DISCONTINUE USING ASHA'S WEB SITE. IN NO EVENT AND UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL ASHA BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ASHA'S WEB SITE, WITH THE DELAY OR INABILITY TO USE ASHA'S WEB SITE OR ASHA'S WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH ASHA'S WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF ASHA'S WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASHA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO, AND IN PARTICULAR, IN NO EVENT SHALL ASHA BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON OR THROUGH ASHA'S WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH ASHA'S WEB SITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.
YOU AGREE TO INDEMNIFY ASHA FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF ASHA'S WEB SITE, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS, AND THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS. ASHA WILL NOTIFY YOU OF ANY CLAIM FOR WHICH ASHA SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO ASHA'S INTERESTS, AS REASONABLY DETERMINED BY ASHA AT ITS SOLE DISCRETION.
14. Governing Law
This Agreement is governed by the laws of the State of Maryland, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Maryland in all disputes arising out of or relating to the use of ASHA's Web Site. Use of ASHA's Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
15. No Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between You and ASHA as a result of this Agreement or use of ASHA's Web Site, including, without limitation, ASHA's Web Services.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
17. Entire Agreement
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and ASHA with respect to ASHA's Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and ASHA with respect to ASHA's Web Site, including without limitation to ASHA's Web Services.
Notices given by ASHA to You will be given by a general posting on ASHA's Web Site or by an e-mail, if an e-mail address is available. Notices given by ASHA to Members may also be given by conventional mail. Notices to ASHA must be sent by conventional mail to:
American Speech-Language-Hearing Association
2200 Research Boulevard #420
Rockville, MD 20850
ASHA may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of ASHA.
20. Captions and Headings
Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.