Policy to Request ASEM Communications
Because everyone should be able to easily understand how and why their information is collected and used, we use common language instead of more formal terms throughout this Policy. To help ensure your understanding of some particular key terms, here is a table of translations:
Where community policies govern information, the relevant community may add to the rules and obligations set out in this Policy. However, they are not permitted to create new exceptions or otherwise reduce the protections offered by this Policy.
Collection & Use of Info
Types of Information We Receive From You & How We Get It
Your Public Contributions
Whatever you post on ASEM Sites can be seen and used by everyone. When you make a contribution to any ASEM Site, including on user or discussion pages, you are creating a permanent, public record of every piece of content added, removed, or altered by you. The page history will show when your contribution or deletion was made, as well as your username (if you are signed in) or your IP address (if you are not signed in). We may use your public contributions, either aggregated with the public contributions of others or individually, to create new features or data-related products for you or to learn more about how the ASEM Sites are used.
Publicly Visible Information
Account Information & Registration
You do not need to create an account to use any ASEM Site.
If you do create an account, you may need to give us your name or email address.
If you do not create an account, your contributions and actions will be publicly attributed to your IP address.
To gain a better understanding of the demographics of our users, to localize our services and to learn how we can improve our services, we may ask you for more demographic information about yourself, such as gender or age. We will tell you if such information is intended to be public or private, so that you can make an informed decision about whether you want to provide us with that information. Providing such information is always completely optional. If you don't want to, you don't have to—it's as simple as that.
GPS & Other Location Technologies
Some features we offer work better if we know what area you are in.
If you consent, we can use GPS (and other technologies commonly used to determine location) to show you more relevant content. We keep information obtained by these technologies confidential, except as provided in this Policy.
Sometimes we automatically receive location data from your device. For example, if you want to upload a photo on the ASEM site, we may receive metadata, such as the place and time you took the photo, automatically from your device. Please be aware that, unlike location information collected using GPS signals described above, the default setting on your mobile device typically includes the metadata in your photo or video upload to the ASEM Sites. If you do not want metadata sent to us and made public at the time of your upload, please change your settings on your device.
Finally, when you visit any ASEM Site, we automatically receive the IP address of the device (or your proxy server) you are using to access the Internet, which could be used to infer your geographical location.
Information Related to Your Use of the ASEM Sites
We use certain technologies to collect information about how you use ASEM Sites.
Like other websites, we receive some information about you automatically when you visit the ASEM Sites.
We also use a variety of commonly-used technologies, like cookies, to collect information regarding how you use the ASEM Sites, make our services safer and easier to use, and to help create a better and more customizable experience for you.
We want to make the ASEM Sites better for you by learning more about how you use them. Examples of this might include how often you visit the ASEM Sites, what you like, what you find helpful, how you get to the ASEM Sites, and whether you would use a helpful feature more if we explained it differently. We also want this Policy and our practices to reflect our community's values. For this reason, we keep information related to your use of the ASEM Sites confidential, except as provided in this Policy.
Information We Receive Automatically
Because of how browsers work, we receive some information automatically when you visit the ASEM Sites. This information includes the type of device you are using (possibly including unique device identification numbers, for some beta versions of our mobile applications), the type and version of your browser, your browser's language preference, the type and version of your device's operating system, in some cases the name of your internet service provider or mobile carrier, the website that referred you to the ASEM Sites, which pages you request and visit, and the date and time of each request you make to the ASEM Sites.
Put simply, we use this information to enhance your experience with ASEM Sites. For example, we use this information to administer the sites, provide greater security, and fight vandalism; optimize mobile applications, customize content and set language preferences, test features to see what works, and improve performance; understand how users interact with the ASEM Sites, track and study use of various features, gain understanding about the demographics of the different ASEM Sites, and analyze trends.
Information We Collect
We use a variety of commonly-used technologies, like cookies, to understand how you use the ASEM Sites, make our services safer and easier to use, and to help create a better and more customizable experience for you.
Depending on which technology we use, locally stored data can be anything from text, pictures, and whole articles (as we explain further below) to Personal Information (like your IP address) and information about your use of the ASEM Sites (like your username or the time of your visit).
We use this information to make your experience with the ASEM Sites safer and better, to gain a greater understanding of user preferences and their interaction with the ASEM Sites, and to generally improve our services. We will never use third-party cookies, unless we get your permission to do so. If you ever come across a third-party data collection tool that has not been authorized by you (such as one that may have been mistakenly placed by another user or administrator), please report it to us at privacy@ASEM.org.
More on Locally Stored Data
We believe this data collection helps improve your user experience, but you may remove or disable some or all locally stored data through your browser settings, depending on your browser. While locally stored data may not be necessary to use our sites, some features will not function properly if you disable locally stored data.
While the examples above concerning information about you collected through the use of data collection tools are kept confidential in accordance with this Policy, please note that some information about the actions taken by your username is made publicly available through public logs alongside actions taken by other users. For example, a public log may include the date your account was created on an ASEM Site along with the dates that other accounts were created on a ASEM Site.
How We Use Information We Receive From You
We and our service providers use your information for the legitimate purpose of pursuing our not-for-profit mission, including:1. Operating the ASEM Sites, sharing your contributions and administering our Services.
2. Providing customized Services.
3. Sending emails with news updates, surveys and communications about items we believe may be of interest to you.
4. Sending optional surveys and requesting feedback.
5. Improving the ASEM Sites and making your user experience safer and better.
GPS & Other Location Technologies
As stated above, we may use commonly used location technologies to show you more relevant content.
As stated above, we may automatically receive location data from your device. For example, if you upload a photo using the ASEM Commons mobile app, please be aware that the default setting on your mobile device typically results in the metadata associated with your photo being included in the upload. As a reminder, if you do not want metadata sent to us and made public at the time of your upload, please change your settings on your device.
When you visit any ASEM Site, we automatically receive the IP address of the device (or your proxy server) you are using to access the Internet, which could be used to infer your geographical location. We keep IP addresses confidential, except as provided in this Policy. If you are visiting ASEM Sites with your mobile device, we may use your IP address to provide anonymized or aggregated information to service providers regarding the volume of usage in certain areas.
We use this location information to make your experience with the ASEM Sites safer and better, to gain a greater understanding of user preferences and their interaction with the ASEM Sites, and to generally improve our services. For example, we use this information to provide greater security, optimize mobile applications, and learn how to expand and better support ASEM communities. We also use Personal Information in the manner described in the sections of this Policy titled "For Legal Reasons" and "To Protect You, Ourselves & Others."
When May We Share Your Information?
We may share your information when you give us specific permission to do so, for legal reasons, and in the other circumstances described below.
With Your Permission
We share your information when you give us specific permission to do so.
We share your information for a particular purpose, if you agree.
For Legal Reasons
We will disclose your information in response to an official legal process only if we believe it to be legally valid. We will notify you of such requests when possible.
We will access, use, preserve, and/or disclose your Personal Information if we reasonably believe it necessary to satisfy a valid and legally enforceable warrant, subpoena, court order, law or regulation, or other judicial or administrative order. However, if we believe that a particular request for disclosure of a user's information is legally invalid or an abuse of the legal system and the affected user does not intend to oppose the disclosure themselves, we will try our best to fight it. We are committed to notifying you via email at least ten (10) calendar days, when possible, before we disclose your Personal Information in response to a legal demand. However, we may only provide notice if we are not legally restrained from contacting you, there is no credible threat to life or limb that is created or increased by disclosing the request, and you have provided us with an email address.
If the Organization is Transferred (Really Unlikely!)
To Protect You, Ourselves & Others
We, or users with certain administrative rights, may disclose information that is reasonably necessary to:
ASEM Sites are collaborative, with users writing most of the policies and selecting from amongst themselves people to hold certain administrative rights. These rights may include access to limited amounts of otherwise nonpublic information about recent contributions and activity by other users. They use this access to help protect against vandalism and abuse, fight harassment of other users, and generally try to minimize disruptive behavior on the ASEM Sites. These various user-selected administrative groups have their own privacy and confidentiality guidelines, but all such groups are supposed to agree to follow our Access to Nonpublic Information Policy. These user-selected administrative groups are accountable to other users through checks and balances: users are selected through a community-driven process and overseen by their peers through a logged history of their actions. However, the legal names of these users are not known to ASEM.
We hope that this never comes up, but we may disclose your Personal Information if we believe that it's reasonably necessary to prevent imminent and serious bodily harm or death to a person, or to protect our organization, employees, contractors, users, or the public. We may also disclose your Personal Information if we reasonably believe it necessary to detect, prevent, or otherwise assess and address potential spam, malware, fraud, abuse, unlawful activity, and security or technical concerns.
To Our Service Providers
We may disclose personal information to our third party service providers or contractors to help run or improve the ASEM Sites and provide services in support of our mission.
As hard as we may try, we can't do it all. So sometimes we use third-party service providers or contractors who help run or improve the ASEM Sites for you and other users. We give access to your Personal Information to these providers or contractors as needed to perform their services for us or to use their tools and services. We put requirements, such as confidentiality agreements, in place to help ensure that these service providers treat your information consistently with, and no less protective of your privacy than, the principles of this Policy.
If you are visiting ASEM Sites with your mobile device, we use your IP address to provide anonymized or aggregated information to service providers regarding the volume of usage in certain areas.
How Do We Protect Your Data?
We use a variety of physical and technical measures, policies, and procedures to help protect your information from unauthorized access, use, or disclosure.
We strive to protect your information from unauthorized access, use, or disclosure. We use a variety of physical and technical measures, policies, and procedures (such as access control procedures, network firewalls, and physical security) designed to protect our systems and your Personal Information. Unfortunately, there's no such thing as completely secure data transmission or storage, so we can't guarantee that our security will not be breached (by technical measures or through violation of our policies and procedures).
We will never ask for your password by email (but may send you a temporary password via email if you have requested a password reset). If you ever receive an email that requests your password, please let us know by sending it to privacy@ASEM.org, so we can investigate the source of the email.
How Long Do We Keep Your Data?
Except as otherwise stated in this policy, we only keep your Personal Information as long as necessary to maintain, understand and improve the ASEM Sites or to comply with U.S. law.
Once we receive Personal Information from you, we keep it for the shortest possible time that is consistent with the maintenance, understanding, and improvement of the ASEM Sites, and our obligations under applicable U.S. law. Non-personal information may be retained indefinitely.
Please remember that certain information, such as your IP address (if you edit while not logged in) and any public contributions to the ASEM Sites, is archived and displayed indefinitely by design; the transparency of the projects’ contribution and revision histories is critical to their efficacy and trustworthiness. To learn more about our data retention practices, see our data retention guidelines.
Where is ASEM & What Does That Mean for Me?
Our Response to Do Not Track (DNT) signals
We do not allow tracking by third-party websites you have not visited.
We do not share your data with third parties for marketing purposes.
Because we protect all users in this manner, we do not change our behavior in response to a web browser's "do not track" signal.
Substantial changes to this Policy will not be made until after a public comment period of at least 30 days.
Adapted from https://foundation.wikimedia.org/wiki/Privacy_policy under the terms of Creative Commons Attribution-ShareAlike License
Code of Ethics
The American Society for Engineering Management (ASEM) requires its members to conduct themselves in an ethical manner by:
Members of ASEM are required to observe the following canons:
Please visit our sponsors:
A “cookie” is a tiny data file that we transfer onto your computer, mobile phone, or any other device that you use to access the ASEM Sites, and is generally used for authentication and tracking. Every cookie expires after a certain period of time, but that period varies depending on what the cookie is used for and how your browser is configured.
Cookies are often categorized based on how long they remain active before they expire. A “session” cookie is one that generally expires when you close your web browser or mobile application. A “persistent” cookie is one that remains in your device, even after you close your browser or mobile application. A persistent cookie expires according to the duration set by us, or when you delete it manually. You can learn more about cookies on Wikipedia.
What types of cookies does ASEM use and for what purposes?
Cookies are not required in order to read or edit the ASEM Sites. We use the information we receive from cookies and other locally-stored data technologies to make your experience with the ASEM Sites safer and better, to gain a greater understanding of user preferences and interactions with the ASEM Sites, and to generally improve our services. Cookies are required in order to login and for your edits to be associated to a user account; without cookies, your edits will be anonymous and unassociated with an account.
These cookies help the ASEM Sites work and are essential in order to enable you to move around the ASEM site and use their features. These cookies are useful for remembering your username in the login field, maintaining your session and remembering previous actions, keeping you logged in (if selected), and more.
These cookies store your preferences, so that they can be remembered the next time you use the ASEM Sites, for a more customized experience. These cookies are useful for recognizing and maintaining your language preference, remembering changes you have made to text size, fonts and other display preferences, so we can provide you with the look and feel that you want, and more.
Performance and Analysis
These cookies count the number of visitors and collect information about how you use the ASEM Sites. This allows us to better understand your user experience on the ASEM Sites and helps us improve them for you and other users — for instance, by making sure users are finding what they need easily. Other examples include:
We will never use third-party cookies on our pages unless we get your permission to do so. These cookies would allow us to render services provided by third parties, such as “like” and “share” buttons. When a third party provides these kinds of services, they may require the use of a cookie in order to provide their services.
If you ever come across a third-party cookie transferred to your device during your access of the ASEM sites, where you did not take any action to authorize the use and/or transfer of that cookie (such as one that may have been mistakenly placed by another user or administrator), please report that cookie to us at privacy@ASEM.org.
A note about ASEM sites hosted by Wild Apricot
Some ASEM sites are hosted by a third-party service provider, Wild Apricot. These sites may have the WordPress Stats module enabled. Stats is a service that allows us to understand how many visitors we get to our Wild Apricot-hosted and non-Wild Apricot hosted sites, their location by country, and which pages, posts and links are the most popular. Only ASEM and the service provider, Wild Apricot, have access to the raw Stats data, which is retained for five years.
What are my cookie options?
Turning off the browser’s cookies will prevent tracking pixels from tracking your specific activity. A tracking pixel may still record an anonymous visit from your IP address, but unique information will not be recorded. If you do not want to receive tracking pixels, you will need to disable HTML images in your browser-based email client, and that may affect your ability to view images in other emails that you receive
Where can I find more information?
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and American Society for Engineering Management (ASEM) (hereinafter "ASEM"), a not-for-profit organization duly organized and validly existing, located at 200 Sparkman Dr. NW, Ste 2, Huntsville, Alabama 35805. This Agreement annuls and voids all previous agreements.
The Site (https://www.asem.org) is operated by ASEM. Throughout the Site, the terms "we", "us" and "our" refer to ASEM. ASEM offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing a product or a service from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to ASEM’s website and the current online store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive and/or a malicious nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ASEM content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of ASEM and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ASEM or our licensors except as expressly authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT
Once you create an account with us, you are registered on the ASEM Site. The terms "member," "membership," and "account" all refer to this registration as a member on ASEM's Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ASEM is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands, and agrees to:
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, American Society for Engineering Management (ASEM) will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of American Society for Engineering Management (ASEM) Services, or any portion thereof.
SECTION 3 – CODE OF ETHICS
The American Society for Engineering Management (ASEM) requires its members to conduct themselves in an ethical manner by:
Members of ASEM are required to observe the following canons:
ASEM Code of Conduct for Meetings
Statement on the Code of Conduct: It is the agreed policy of the American Society for Engineering Management (ASEM) that all participants at ASEM conferences, events and meetings shall be part of an environment that is free from all forms of harassment (including sexual harassment) and retaliation. ASEM meetings are focused on promoting the field of engineering management through positive engagement and discussions. ASEM is committed to providing a safe, productive and inclusive environment for meetings that is welcoming to all participants and staff members. All participants, including attendees, speakers, volunteers, exhibitors, staff members and others are expected to abide by this Code of Conduct. This document should be considered alongside the ASEM Code of Ethics.
Authorship: All authors who submit a presentation to ASEM conferences, events and meetings must have intentions of registering, attending, and presenting at the meeting once the submission is accepted into the program.
Photography: Appropriate care should be exercised when taking photographs or videos and
especially during technical sessions as they can be disruptive to presenters. In cases where a presenter has displayed a copyright on slides, permission for taking photographs or videos is required beforehand. ASEM reserves the right to take photographs and videos during meetings for informational and promotional purposes.
Reporting an incident:
SECTION 4 - INDEMNITY
All users and/or members agree to insure and hold American Society for Engineering Management (ASEM), our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of ASEM Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 5 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to ASEM's sites.
SECTION 6 - MODIFICATIONS
American Society for Engineering Management (ASEM) reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof
SECTION 7 - TERMINATION
As a member of https://asem.org, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to.
As a member, you agree that American Society For Engineering Management (ASEM) may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with https://asem.org shall include any and/or all of the following:
SECTION 8 - LINKS
Either American Society for Engineering Management (ASEM) or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that American Society For Engineering Management (ASEM) shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
SECTION 9 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that American Society For Engineering Management (ASEM)'s Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by American Society For Engineering Management (ASEM) or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on American Society For Engineering Management (ASEM) Services (e.g. Content or Software), in whole or part.
American Society For Engineering Management (ASEM) hereby grants you a personal, non- transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by American Society for Engineering Management (ASEM) for use in accessing our Services.
SECTION 10 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF AMERICAN SOCIETY FOR ENGINEERING MANAGEMENT (ASEM) SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE " BASIS. AMERICAN SOCIETY FOR ENGINEERING MANAGEMENT (ASEM) AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) AMERICAN SOCIETY FOR ENGINEERING MANAGEMENT (ASEM) AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) AMERICAN SOCIETY FOR ENGINEERING MANAGEMENT (ASEM) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) AMERICAN SOCIETY FOR ENGINEERING MANAGEMENT (ASEM) SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE AMERICAN SOCIETY FOR ENGINEERING MANAGEMENT (ASEM) SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF AMERICAN SOCIETY FOR ENGINEERING MANAGEMENT (ASEM) SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM AMERICAN SOCIETY FOR ENGINEERING MANAGEMENT (ASEM) OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
d) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 11 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT AMERICAN SOCIETY FOR ENGINEERING MANAGEMENT (ASEM) AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
SECTION 12 – RELEASE
In the event you have a dispute, you agree to release American Society For Engineering Management (ASEM) (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 13 - NOTICE
American Society for Engineering Management (ASEM) may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 14 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand, and agree that all of the American Society for Engineering Management (ASEM) trademarks, copyright, trade name, service marks, and other American
Society for Engineering Management (ASEM) logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of American Society for Engineering Management (ASEM). You herein agree not to display and/or use in any manner the American Society for Engineering Management (ASEM)logo or marks without obtaining American Society for Engineering Management (ASEM)'s prior written consent.
American Society for Engineering Management (ASEM) will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, American Society for Engineering Management (ASEM) may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The American Society for Engineering Management (ASEM) agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: