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 E-mail Lists are offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By using the ASHA E-mail Lists, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
2. Usage of ASHA E-mail Lists
You agree that when using ASHA E-mail Lists, You will not:
- Violate any applicable laws or regulations;
- Send 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;
- Send information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark, or trade secrets, or by rights of privacy or publicity unless You own or control the rights thereto or have received all necessary consents;
- Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, misleading, obscene, indecent, or otherwise objectionable materials, or any materials which encourages conduct that would constitute a criminal offense, give rise to civil liability or violates any law, or contains 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 E-mail Lists for commercial purposes, including, but not limited to, advertisements, promotions, job announcements/listings, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;
- Use ASHA E-mail Lists to forward chain letters;
- 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 E-mail lists, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the ASHA E-mail Lists, 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 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; and
- Violate any of ASHA policies, guidelines or other codes of conduct.
3. Monitoring and Removal of Content
ASHA has no obligation to screen or monitor ASHA E-mail Lists; however, ASHA reserves the right to review information or materials posted to any of ASHA E-mail Lists and to any other forms of information available to us by virtue of Your use of the ASHA E-mail Lists (including, for example, reverse IP address inquiry). ASHA reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or remove any information or materials from ASHA E-mail Lists, 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 E-mail Lists.
The sender of any communications though the ASHA E-mail Lists shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting, sending, distributing or disseminating content through the ASHA E-mail Lists, You represent and warrant that You either own or otherwise control all rights necessary for You to provide, post, upload or submit that content. Without limiting the generality of the foregoing, You shall be solely liable for any damage resulting from any infringement of copyrights, or other proprietary rights, or any other harm resulting from any content or other material submitted by You to or through the ASHA E-mail Lists and agree that You will indemnify and hold ASHA harmless from and against any claims, damages or losses related to such content or other materials.
ASHA reserves the right to deny access to the ASHA E-mail Lists to anyone who violates this Agreement or who, in ASHA's judgment, interferes with the ability of others to enjoy the ASHA E-mail Lists or infringes the rights of others. ASHA will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Use of the ASHA E-mail Lists by You for spamming or any purpose other than the purpose for which the data was provided by the sender is strictly prohibited. By using the ASHA E-mail Lists, You agree not to use information concerning other users of the ASHA E-mail Lists, or any items such users have posted, disseminated or distributed on or through (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose except as specifically set forth in this Agreement. You may not post information directed to or collect personal information from any minor.
4. Ownership; License
The ASHA E-mail Lists and all content displayed on or through the ASHA E-mail Lists and all software, data and information used to provide the ASHA E-mail Lists, 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 by ASHA, its affiliates or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties. ASHA grants You the limited and nonexclusive right and license to access or download content from the ASHA E-mail Lists solely for Your personal and non-commercial use. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use the ASHA E-mail Lists or any elements thereof. All rights not expressly granted to You by ASHA 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 the ASHA E-mail Lists as authorized hereunder.
5. Posted Materials
You may have the opportunity to post or otherwise submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, "Ideas") to us on or through the ASHA E-mail Lists. By submitting communications, materials or Ideas to or through the ASHA E-mail Lists, You grant ASHA its parent and affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and Ideas (in whole or in part) alone or as incorporated into other works in any form, media or technology now or hereafter known on a worldwide basis. You also permit any other user of this Web Site to access, view, store or reproduce the material or Ideas for that user's personal use. Such purposes may include disclosure to third parties and/or developing, manufacturing, commercializing and/or marketing goods or services based on such Ideas or materials. By posting or disclosing such information, you hereby waive any claim that ASHA misappropriated any such Ideas, materials or any portions of your communication in any activities in which ASHA may engage in the future.
ASHA does not control or endorse the content, messages or information found in any of ASHA E-mail Lists. ASHA does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided on ASHA E-mail Lists unless it is provided by an authorized ASHA spokesperson. Any statements made on ASHA E-mail Lists reflect only the views of their authors, and your reliance on any such content is at your own risk. ASHA E-mail Lists 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 E-mail Lists do not necessarily reflect those of ASHA.
The ASHA E-mail Lists and all information, products or services available through the ASHA E-mail Lists are provided by ASHA on an "as is" basis without warranties of any kind, either express or implied. Neither ASHA, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the ASHA E-mail Lists will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the ASHA E-mail Lists, or as to the accuracy, reliability or completeness of content or any information, service, or merchandise provided through the ASHA E-mail Lists. Before purchasing goods or services you have read about on or through the ASHA E-mail Lists, You should confirm with the vendor any information (including the price) that is important to your purchasing decision. ASHA is not responsible for, and does not guarantee the performance of, any such goods or services, nor the accuracy or validity of the information provided and expressly disclaims any and all liability relating to the manufacture, sale or use of products and services discussed or illustrated in or through the ASHA E-mail Lists.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER ASHA, ITS AFFILIATES NOR ITS LICENSORS OR PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THE ASHA E-MAIL LISTS, OR ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THE ASHA E-MAIL LISTS. ASHA, ITS AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OF OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL ASHA, ITS AFFILIATES OR ITS LICENSORS OR PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF ACCESS TO OR THE USE OF OR INABILITY TO USE THE ASHA E-MAIL LISTS, INCLUDING, WITHOUT LIMITATION, RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), EVEN IF ASHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that the entire liability of ASHA, its affiliates, licensors, and providers, if any, arising out of any kind of legal claim arising out of or otherwise related to the ASHA E-mail Lists will not exceed the amount You paid, if any, for the use of the ASHA E-mail Lists. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
We provide the ASHA E-mail Lists and the material available through the ASHA E-mail Lists for informational purposes only. You may only use the material and the services available through the ASHA E-mail Lists for your personal and non-commercial use. Before You act on any information you've found on the ASHA E-mail Lists, You should independently confirm any facts that are important to your decision.
IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE ASHA E-MAIL LISTS, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE ASHA E-MAIL LISTS.
ASHA reserves the right to change the terms, conditions and notices under which ASHA E-mail Lists are offered. You are responsible for regularly reviewing these terms and conditions. Your non-termination or continued use of ASHA's E-mail Lists after changes are posted constitutes Your acceptance of this agreement as modified by the posted changes.
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 the ASHA E-mail Lists. Use of the ASHA E-mail Lists is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. 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 the ASHA E-mail Lists.
You agree that all notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
You shall use the ASHA E-mail Lists for lawful purposes only. Any conduct by You that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Web Site will not be permitted.