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ASMSCIENCE 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 the ASMscience web site located at www.asmscience.org (“ASMscience” or “Site”). This Agreement governs the use of ASMscience by all users of the Site. To use ASMscience, including becoming a registered user of ASMscience and making purchases, you must accept the provisions of this Agreement. If you do not agree, you may not access the Site. By accessing or using ASMscience, 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 ASMscience, in its sole discretion at any time and without prior notice. When the terms of this Agreement are changed, ASM will post a general conspicuous notice on the Site.

    1. Registration and Login Information
    A. In order to make purchases, pay membership dues, and access certain features or materials on ASMscience, you must first register and log in with a user name and password of your choice. When you register, 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 are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to: (i) not allow any third party to use your password and account 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 log out of 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.

    C. You acknowledge and agree that ASM may terminate your access privileges and remove any Digital Products (as defined in Section 2a below) purchased through your account if ASM believes that you have violated any provision of this Agreement. You agree that any termination of your access to ASMscience and/or Digital Products shall not result in any liability or other obligation of ASM, its officers, employees, representatives or affiliates.

    D. Consent to Electronic Communications and Solicitation. By registering for ASMscience, ASM reserves the right to send you communications or data regarding its publications and products, service offerings, and events of ASM, including but not limited to (i) notices about your use of the Site, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding ASM products and services, via electronic mail. In the event that we send such communications, you will have the opportunity to opt-out of receiving future messages.

    2. Purchasing Products through ASMscience

    A. Through ASMscience, ASM offers a variety of periodicals, books, and continuing education webcasts (“CE Webcasts”) for purchase in print (“Print Products”) and/or electronic format (“Digital Products”) (Print Products and Digital Products collectively referred to as “ASM Products.” Digital Products are available in the following formats:

    i. ASM Press eBooks
    a. Online access for viewing content in HTML and chapter PDFs (you must be logged into the Site to access);

    b. Downloadable options (you have 48 hours from time of purchase to download):

    Entire book in PDF format;
    Individual chapters in PDF format, or
    Entire book in ePub file format (for viewing on e-readers and tablets).

       ii.         ASM Journal Subscriptions

a.      Perpetual online access for viewing in HTML (you must be logged into ASMscience to access).

      iii.          CE Webcasts

a.      Unlimited access for the length of time specified by each CE Webcast title (slides are included in the purchase price and are emailed to you)

B. Before you can complete a purchase through ASMscience, you must check the box "I have read and understand the Terms of Use Agreement and agree to its terms" during the checkout process. Your purchase of ASM Products through this Site constitutes your acceptance and agreement to all of this Agreement’s terms and conditions. If you do not wish to accept the terms and conditions of this Agreement, you cannot proceed with a purchase. 

3. Intellectual Property Rights
A. Ownership of Intellectual Property. The “Site Materials” consist of all trademarks, service marks, logos, trade dress, trade names, copyrights, information, content, data, images, photographs, audio and video material, artwork, text, graphics, multimedia content, compilations, and other material that you see or read on ASMscience and all related code and material of any kind or nature, except for ASM Products and Submitted Materials (as defined in Section 5a below). At all times, ASM or its licensors shall retain all right, title and interest in and to ASMscience, the Site Materials and ASM Products, and ASM reserves all rights not specifically granted in this Agreement.

B. Site Materials License. ASM grants you a nonexclusive, non-transferable, non-sublicensable, limited, revocable license to access and use ASMscience and Site Materials solely for your noncommercial personal and/or educational use, including downloading one copy of Site Materials on any single computer.

C. Print Products License. ASM grants you a nonexclusive, non-sublicensable, limited license to access and use Print Products, subject to the restrictions included in this Agreement
 
D. Digital Products License. For all Digital Products, ASM hereby grants you a nonexclusive, non-transferable, non-sublicensable, limited, revocable license to access, view, display, save, download (if that is the purchase option you selected) and print one copy of the Digital Products for noncommercial personal and educational purposes. This license does not convey to you any right, title or interest in the Digital Products, but only constitutes a limited license to use the Digital Products as specified herein. ASM reserves the right to modify or discontinue offering Digital Products at any time.
  
E. Restrictions on Use. Notwithstanding the licenses granted under this Section 3, this Agreement expressly prohibits you from doing any of the following:

i. Restrictions on Site Materials and Digital Products. You may not (a) reproduce, copy, modify, publish, transmit, create derivative works from, distribute, publicly display, lend, rent or sell, use for any or commercial purpose, or in any other way exploit Site Materials and Digital Products, in whole or in part, other than as expressly set forth herein; and (b) use Site Materials or Digital Products in any way that interferes with or disrupts the integrity of performance of ASMscience, Site Materials or Digital Products or interferes with others’ use of ASMscience, Site Materials or Digital Products.

ii. Restrictions on Print Products. You may not reproduce, copy, modify, publish, create derivative works from, or publicly display Print Products unless ASM gives you express prior written permission.
iii. Restrictions Applicable to All Site Materials and ASM Products. You may not (a) remove or alter any copyright or trademark notices referenced in Site Materials or ASM Products; or (b) display or use any trademarks or service marks in any way that implies an affiliation with or endorsement by ASM where none actually exists.

4. Links
A. Linking to ASMscience. You may place a link on your web site to any page of ASMscience 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 ASMscience, the Site Materials or ASM Products in violation of this Agreement; (c) your web site links to, but does not replicate, the Site Materials; (d) you make it clear that the link leaves your web site and that the user is opening a new page with ASMscience, rather than framing any portion of your web site around the Site Materials; and (e) you do not use ASM trademarks without ASM’s prior written permission.

B. Links to Other Sites. ASMscience 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. 

5. User Conduct and User Submissions
A. ASM may permit you to submit material for posting on the 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 you.
B. You are entirely responsible for everything you upload, post, email or otherwise make available on ASMscience; provided, however, that by uploading, posting, emailing or otherwise making available any communications or Submitted Material, 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 ASMscience.
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, 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 ASMscience and do not impersonate any other person or entity; and (vii) do not violate any applicable local, state, national or international law.

6. Privacy Policy
Our Privacy Policy may be viewed at www.asmscience.org/privacy. The terms and conditions of the Privacy Policy are hereby incorporated by reference herein.  

7. 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 ASMscience and we ask that 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 ASMscience is infringing and has been posted by ASM, ASM’s 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 of such work(s);
2. Identification of the material on ASMscience 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 notice is accurate and that you are authorized to act on behalf of the owner; and
6. Your physical or electronic signature.

8. Disclaimer of Content
ASM, in its sole discretion, may at any time refuse or delete Submitted Materials it deems illegal, harmful to others, or inappropriate to the purpose of ASMscience. ASM does not undertake any obligation to monitor ASMscience for such material. The views, opinions, and accuracy of information posted on ASMscience by others are the responsibility of the poster. ASM does not control, verify, or endorse any of the Submitted Materials nor 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 Site Materials, ASM Products, Submitted Materials, or any other information contained on ASMscience or linked from ASMscience.

9. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(i) YOUR USE OF ASMSCIENCE IS AT YOUR SOLE RISK. THE SITE MATERIALS AND ASM PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. ASM DOES NOT WARRANT THAT THE FUNCTIONS ON ASMSCIENCE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS 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 SITE MATERIALS OR ASM PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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 SITE MATERIALS OR ASM PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OUTDATED OR DEAD LINKS WITHIN THE TEXT OF ASM PRODUCTS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SITE MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE;
(iv) ASMSCIENCE AND ASM PRODUCTS 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 AND ASM PRODUCTS 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 OR ASM PRODUCTS, INCLUDING ADVICE YOU GIVE TO ANY THIRD PARTY; AND
(v) IF YOU FIND ANY MATERIAL ON ASMSCIENCE OR IN ASM PRODUCTS OBJECTIONABLE, DO NOT USE THE SITE.

10. 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: (i) ASMSCIENCE; (ii) THE USE OR THE INABILITY TO USE ASMSCIENCE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) MISUSE OF YOUR ACCOUNT INCLUDING BUT NOT LIMITED TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY AND SECURITY OF YOUR ACCOUNT; (v) THE SITE MATERIALS; (vi) ASM PRODUCTS; AND (vii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH ASMSCIENCE OR ANY OTHER MATTER RELATING TO ASMSCIENCE 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 ASMSCIENCE, SITE MATERIALS AND/OR ASM PRODUCTS IS TO STOP USING THE SITE OR ASM PRODUCTS. NOTWITHSTANDING THE ABOVE, ASM’S AGGREGATE LIABILITY ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, ANY DIGITAL PRODUCTS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PURCHASE. YOU AGREE THAT THIS LIMITATION OF LIABILITY 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.

11. Indemnification
You agree to defend, indemnify and hold harmless the ASM Released Parties from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising or resulting from (i) your violation of this Agreement; (ii) your unauthorized use of ASMscience, Site Materials and/or ASM Products; (iii) any incomplete or inaccurate Registration Data; or (iv) your negligence or wilful misconduct. ASM reserves the right, at its discretion, to assume or participate, at your expense, in the investigation, settlement and defense of any action or claim to which it is entitled to indemnification.  

12. Your Representations and Warranties
By your use of ASMscience, you represent and warrant that: (1) you are at least 18 years old and have the legal capacity to be bound by this Agreement; (2) you have read, understand, and hereby agree to be legally bound by this Agreement; and (3) the Registration Data you provide in registering for the Site and purchasing ASM Prodcuts is accurate and complete. 

13. Miscellaneous
A. 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.
B. Arbitration. 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.
C. 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.
D. 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 ASMscience, Site Materials, ASM Products, or this Agreement must be filed within one (1) year after such claim arose or be forever barred.
  
Last Updated: September 2014

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