ASM Terms of Use

This Terms of Use agreement ("Agreement") is between the American Society for Microbiology and its affiliated entities (collectively, "ASM," "we" or "ours") and you and your agents ("you" or "yours") for the use of web sites owned and operated by ASM (“ASM Web Sites,” “Site” or “Sites”).  This Agreement governs the use of the ASM Web Sites by all users of the Sites. To use, including becoming a registered user of the Sites, you must accept the provisions of this Agreement. If you do not agree, you may not access the Sites.  By accessing or using the ASM Web Sites, you agree to be bound by this Agreement and by any amendments in effect at the time of your visit. ASM reserves the right to change, modify, add or remove any part of this Agreement and to discontinue or revise any or all aspects of the ASM Web Sites, in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of the ASM Web Sites following the posting of any changes will mean that you have accepted the changes.

1. General Use of ASM Web Sites

ASM grants you a personal, non-commercial, non-exclusive, limited, revocable, non-transferable license to access and use the ASM Web Sites conditioned upon your continued acceptance of, and compliance with, this Agreement.   Your use of any ASM Web Site is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. ASM does not guarantee the confidentiality or security of any communication or other material transmitted to or from the ASM Web Sites over the Internet or other communication network.

2. Registration and Login Information

a.       Certain features or materials on ASM Web Sites require registration and/or login. With respect to such features and/or materials, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

b.      You will create a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (i) not allow any third party to use it under any circumstances; (ii) immediately notify ASM of any unauthorized use of your password or account or any other breach of security; and (iii) ensure that you exit from your account at the end of each session. ASM will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with these requirements or any theft, misappropriation, disclosure, or unauthorized use of your login information.

3. Intellectual Property Rights

All trademarks, service marks, logos, trade dress, trade names, copyrights, information, content, data, images, photographs, audio and video material, webinars, artwork, text, graphics, multimedia content, compilations, and other material that you see or read on the ASM Web Sites and all related code and material of any kind or nature (collectively the "ASM Materials"), except for Submitted Materials (as defined below), are owned by ASM or are being used by ASM with permission.  The ASM Materials are protected by international, federal and state laws and regulations, including but not limited to copyright, trademark, trade secret, trade dress, and other laws and regulations.  ASM grants you a nonexclusive, limited, revocable, non-transferable license to access and use the ASM Web Sites and Site Materials solely for your non-commercial personal and/or educational use, including downloading one copy of the ASM Materials on any single computer, provided you keep intact any copyright and other proprietary notices on the ASM Materials and do not modify the ASM Materials in any way. You may not modify, reuse, re-post, or use the ASM Materials for public or commercial purposes without ASM’s prior written permission. Without limiting the forgoing, you agree not to use the ASM Materials for any other use or purpose.

4. Trademarks

The ASM Web Sites contain valuable trademarks owned and used by ASM.  ASM uses these trademarks to distinguish its goods and services from those of others.  The ASM Web Sites may also contain references to other entities' trademarks and service marks.  Such references are for identification purposes only and are used with permission of their respective owners.  ASM does not claim ownership in, or any affiliation with, any third party trademarks or service marks appearing on the ASM Web Sites. You agree not to use or display trademarks without the prior written consent of ASM or the owner of such mark.

5. Links

a.         Linking to the ASM Web Sites.  You may place a link on your web site to any page of the ASM Web Sites as long as (a) the link does not suggest that ASM promotes or endorses you, your web site, or any content or goods or services appearing on your web site; (b) you do not use the ASM Web Sites or ASM Materials in violation of this Agreement; (c) your web site links to, but does not replicate, ASM Materials; (d) you make it clear that the link leaves your web site and that the user is opening a new page with the ASM Web Site, rather than framing any portion of your web site around ASM Materials; and (e) you do not use ASM trademarks without ASM’s prior written permission.

b.         Links to Other Sites.  The ASM Web Sites may contain links to pages on other sites, and those sites may offer products, services, or other resources. ASM does not make any representation with respect to the quality, non-infringement, accuracy, completeness, timeliness, or reliability of any materials, information, services, or products offered on such sites. Because ASM has no control over such sites and resources, you acknowledge and agree that ASM has no responsibility for the accuracy of information provided by, or available via, other sites. Links to external sites do not constitute an endorsement by ASM of the sponsors of such sites or the content, products, advertising, or other materials presented on those sites. You further acknowledge and agree that ASM is not responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.

6.  User Conduct and User Submissions

a.       ASM Web Sites may permit users to submit material for posting on an ASM Web Site, including, without limitation, content, information, ideas, comments, blogs, video, audio, research, curricula, suggestions or other materials ("Submitted Materials"). ASM does not warrant or make any representation whatsoever, and does not make any guarantee regarding, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or any other attribute of Submitted Materials. Submitted Materials are the sole responsibility of the third party posting such Submitted Materials.

b.      You are entirely responsible for everything you upload, post, email or otherwise make available on the site; provided, however, that by uploading, posting, emailing or otherwise making available any communications or Submitted Material, and solely in consideration of the possibility of publicity and professional credit, you hereby grant to ASM a non-exclusive, royalty-free, transferable, perpetual, worldwide, license to copy, prepare derivative works, improve, distribute, publish, retain, and commercialize Submitted Materials or any other submissions by you to an ASM Web Site.

c.       With respect to any and all Submitted Materials and any other information or material submitted by you, you hereby warrant and represent that such Submitted Materials: (i) are true, accurate, authorized, and complete; (ii) are not unlawful, obscene, fraudulent, indecent; do not defame, abuse, harass, or threaten others; and are not hateful or racially, ethnically or otherwise objectionable; (iii) do not contain any software viruses, Trojans, worms, bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (iv) do not advocate or encourage any illegal activity; (v) do not infringe the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contractual, personal or other right of any third party; (vi) do not violate the privacy of individuals, including other users of the ASM Web Site and do not impersonate any other person or entity; and (vii) do not violate any applicable local, state, national or international law.

7.  Disclaimer of Content

ASM, in its sole discretion, may at any time refuse or delete Submitted Materials it deems inappropriate to the purpose of the Sites, illegal, or harmful to others. ASM does not undertake any obligation to monitor the Sites for such material. The views, opinions, and accuracy of information posted on the Sites are the responsibility of the poster. ASM does not control, verify, or endorse any of the Submitted Materials and any other information or content not originating from ASM or ASM’s licensors.  ASM is not responsible for any person's misuse or misappropriation of any ASM Materials, Submitted Materials, or any other information contained in the Sites or linked from the Sites. 

8.  Privacy Policy

Our Privacy Policy may be viewed at http://www.asm.org/index.php/privacy-policy.  The terms and conditions of the Privacy Policy are hereby incorporated by reference herein.

9. Infringement Complaints - Digital Millennium Copyright Act Notice

a.     ASM respects others' intellectual property rights and has made every effort to secure appropriate clearances for all content that ASM directly makes available on the ASM Web Sites, and we ask our users to do the same. ASM may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers of intellectual property. Pursuant to the Digital Millennium Copyright Act (”DMCA”), ASM has a designated agent to receive copyright infringement claims.
If you believe any material on the ASM Web Sites is infringing and has been posted by ASM, our users or any other party, you may notify  ASM of the alleged infringement by contacting ASM’s designated DMCA Agent at:

American Society for Microbiology
1752 N Street, NW
Washington, DC 20036
copyright@asmusa.org

b.     Please include the following information in your notice:

1.    Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);

2.    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 us to locate the material;

3.    Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;

4.    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;

5.    A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

6.    Your physical or electronic signature.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(i) YOUR USE OF THE ASM WEB SITES IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITES IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.   ASM DOES NOT WARRANT THAT THE FUNCTIONS ON THE ASM WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE ASM WEB SITES WILL BE CORRECTED, OR THAT THE ASM WEB SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

(ii) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ASM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, COUNCILORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT;

(iii) ANY ASM MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ASM WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL ASM BE LIABLE IN ANY WAY FOR  ASM MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE ASM WEB SITES;

(iv) THE ASM WEB SITES AND ASM MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY MEDICAL OR OTHER PROFESSIONAL ADVICE.   YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF SITE MATERIALS TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OR APPLICATION OF ANY SITE MATERIALS, INCLUDING ADVICE YOU GIVE TO ANY THIRD PARTY; AND  

(v)  IF YOU FIND ANY MATERIAL ON THE ASM WEB SITES OBJECTIONABLE, DO NOT USE THE ASM WEB SITES.

11. LIMITATION OF LIABILITY

A.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ASM, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, OR VENDORS OR ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, COUNCILORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY "ASM RELEASED PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, THE USE OR THE INABILITY TO USE THE SITES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITES, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITES OR ANY OTHER MATTER RELATING TO THE SITES OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.

B. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY ASM WEB SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER DISTRICT OF COLUMBIA LAWS OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWN.

12. Indemnification

Youirrevocably agree to defend, indemnify and hold the ASM Released Parties harmless from and against all claims or demands your use of the ASM Web Sites or any ASM Materials on such sites, a violation by you of any of the Terms of Use, or any other actions arising out of or connected with your use of the ASM Web Sites and/or ASM Materials on such sites, or Submitted Materials you submit, post to or transmit to any ASM Web Site or your violation of any rights of another party, including, but not limited to, any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees.

Miscellaneous Provisions

13.  ASM reserves the unrestricted right, in its sole discretion, to restrict, suspend, of terminate your access to the ASM Web Sites and/or to terminate the license granted herein at any time for any reason. You agree that any termination of your access to an ASM Web Site may be effected without prior notice to you.

14.  Governing Law.  This Agreement and the relationship between you and ASM shall be governed by, construed and enforced in accordance with the laws of the District of Columbia and the U.S.A., without regard to any conflicts of laws principles.

15.  In the event of any dispute between the Parties which arises under this Agreement, such dispute shall be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or similar organization) in effect at the time such arbitration is initiated.  A list of arbitrators shall be presented to both Parties from which one will be chosen using the applicable rules.  The hearing shall be conducted in the District of Columbia, unless both Parties consent to a different location.  The decision of the arbitrator shall be final and binding upon all Parties.  The prevailing Party shall be awarded all of the filing fees and related administrative costs.  Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, and similar costs related to collecting an arbitrator’s award, will be added to, and become a part of, the amount due pursuant to this Agreement; however, attorneys’ fees will not be included in payment to the prevailing Party.  Any questions involving contract interpretation shall use the laws of the District of Columbia.  An arbitrator’s decision may be entered in any jurisdiction in which the Party has assets in order to collect any amounts due hereunder. 

16.  If any provision of this Agreement or the ASM Privacy Policy is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder and shall not affect the validity and enforceability of any remaining provisions, which will remain in force.

17.  You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the ASM Web Sites or these Terms of Use must be filed within one (1) year after such claim arose or be forever barred.

Last Updated: April, 2014

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