Effective Date: [2 November 2020]
We are the American Society for Nondestructive Testing Foundation(“ASNT Foundation”). References in these Terms of Use (these “Terms”) to “we,” “us,” or “our,” are to ASNT Foundation. Please review the following Terms before using asnt.org, our microsites, or mobile sites (our “Website”). The terms “You” and “User” are used to refer to anyone who is accessing, viewing, downloading or otherwise using our Website. By accessing, viewing, downloading or otherwise using our Website, you agree to be bound by these Terms. ASNT may revise these Terms at any time by updating this posting. If you do not wish to be bound by these Terms, do not join ASNT and do not access, view, download, or otherwise use our Website or any of the services offered on our Website. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by these Terms, you may not use nor access our Website.
Acceptable Site Use
(a) Copyright and Proprietary Rights
The entire contents of the Website, including the text, graphics, images, logos, button icons, HTML code, and other “Material” are copyrighted by ASNT under the copyright laws of the United States (Title 17, U.S. Code). User agrees not to remove or obscure copyright notices appearing anywhere in or on the Website. ASNT grants no copyright or ownership interests to User for any of the material and proprietary information referred herein belonging to ASNT. Permission to use content may be granted in special circumstances on a case-by-case basis. Please direct any request to use content to the ASNT Public Relations and Brand Manager.
(b) Name and Logo
User agrees not to use the name of ASNT or its logo for any promotional or commercial purpose or any other purpose without the prior written consent of ASNT.
(c) Prohibited Use
User agrees not to modify, alter, or create derivative works of the material contained in or on the Website without prior written permission from ASNT.
User agrees not to do anything that interferes with the proper working ability of the Website. This includes activity that can overload the Website’s infrastructure, use of software or other device other than that which is available from ASNT, tampering with the software that makes up the Website, and destroying or changing information posted by any other person.
User agrees to comply with all applicable laws, as well as with these Terms. User may not post material that is copyrighted without first obtaining proper written consent from the copyright owner.
(d) Website Security
Users are prohibited from violating or attempting to violate the Website’s security. Users may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website.
(e) Domain and Contact Information
Users are prohibited from use of the asnt.org domain while ASNT holds an active ownership and dominion of the property. All emails and customer service contact information are considered intellectual property of ASNT.
User Submissions
Submitting any User-generated content, ideas, concepts, techniques or data to the Website constitutes your consent and grant to ASNT of a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up, and royalty-free right and permission (but not the obligation) to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, use, and commercialize your User-generated content, in any way now known or in the future discovered, without any further consent, notice and/or compensation to you or any third parties. By submitting any information to ASNT, you represent and warrant that the submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third-party rights. ASNT is under no obligation to exercise control over any content you or others submit when using the Website.
User Conduct
By using our Website, you understand and agree not to:
Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
Use our Website for any illegal purpose, including but not limited to conspiring to violate laws.
Transmit malware, software viruses, harassment, and/or other harmful content.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
Upload, post, email, transmit, or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit, or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights.
Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Upload, post, email, transmit, or otherwise make available any material that contains software viruses, 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.
Stalk or harass anyone.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website.
Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
Eligibility
You represent and warrant that you (a) have not previously been suspended or removed from the Website; (b) do not have more than one account at any given time; and (c) have the full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party. ASNT may refuse service without prior notice to any User for any or no reason.
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You are responsible for all use associated with your registration and compliance with all Terms. You are prohibited from selling, trading or otherwise transferring your account or any information therein to another party or charging anyone for access to the Website. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify ASNT of any unauthorized use of your password or account or any other breach of security.
Privacy Policy
Any personal information you provide to us through the Website shall be subject to our Privacy Policy. Please review the Privacy Policy, which is a part of these Terms.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to your purchases from our Website. Such additional terms and conditions are made part of these Terms by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website, those terms shall control. ASNT may make changes to any products offered on the Website, or to the applicable prices for any such products at any time, without notice.
Termination of Account
ASNT reserves the right, at its sole discretion, to pursue any legal remedies, including but not limited to issuing a warning, filing a complaint, or deleting User’s submissions. In addition, ASNT may, with or without cause, immediately terminate User’s account and access to the Website without prior notice. Without limiting the foregoing, the following will lead to a termination by ASNT of your use of the Website: (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your account includes removal of access to all offerings within the Website and may also bar you from further use of the Website. ASNT shall not be liable to you nor any third party for any termination of your account or access to the Website.
Waiver of Liability for User-Generated Content
You understand and agree that ASNT does not screen or censor User-generated content made available through the Website. ASNT does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by Users. ASNT is not liable for any content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third party content is at the User’s sole risk. Under no circumstances will ASNT be liable for any loss or damage resulting from the User’s use of, or reliance on, such third party content.
Links to Other Sites
The Website may contain links to third party websites. These links are provided solely as a convenience to User and not as an endorsement by ASNT of the contents on such third-party Websites. ASNT is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Websites. Access to any third-party websites is at your own risk and ASNT will have no liability arising out of or related to such websites or their content.
Disclaimer
This Website and all products available on this Website are provided by ASNT on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to those of merchantability, fitness for a particular purpose, title, noninfringement, custom, trade, quiet enjoyment, system integration, and freedom from computer virus or other harmful components. ASNT does not represent or warrant that the functions contained in or on this Website will be error-free or uninterrupted, that defects will be corrected, or that the Website or the server that makes the Website will be available and free from any harmful components. ASNT does not make any representations or warranties that all product descriptions, photographs, pricing, offers, availability, or information on this Website is accurate, complete, current, correct, adequate, useful, timely, reliable, error-free or otherwise. If any information in or on the Website is inaccurate, incomplete, or out of date, ASNT reserves the right to correct, change, or update such information or to cancel orders related to such information without prior notice (including after you have submitted an order). You acknowledge, by your use of the Website, that you are doing so at your own risk.
Indemnification
User agrees to defend, indemnify, and hold harmless ASNT, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website or failure to comply with these Terms, including, without limitation, your submission of content that violates third party rights or applicable laws. ASNT shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit, or proceeding.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise, shall ASNT be liable to you or to any other person for any indirect, special, incidental, or consequential losses or damages of any nature arising out of, or in connection with, the use of or access to or inability to use or access this Website, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of ASNT has been advised of or should have known of the possibility of such damages.
Terms of Agreement
User agrees not to make any unauthorized commercial use of the Website. If User accesses the Website from outside the United States, User does so at User’s own risk. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, ASNT web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of the Website.
ASNT Communications
While providing you services, ASNT may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Website. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Website.
Governing Law
These Terms are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Ohio for purposes of any legal action arising out of or related to these Terms or use of the Website.
Dispute Resolution
Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the Website will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of access to or use of the Website, and to arbitrate any part of these Terms, including any claim that all or any part of the this section or these Terms is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Columbus, Ohio, under the AAA’s rules and procedures, as modified by this section. The AAA’s rules and a form for initiating arbitration proceedings are available at www.adr.org.
You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited such fees and costs as required by the AAA for arbitration of the type of claim brought by the person requesting arbitration. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Agreement to these Terms constitutes an agreement to pursue your claim on an individual basis and a waiver of the ability to pursue your claim in a class or representative action. If a dispute is arbitrated, you give up your right to participate as a class representative or class member on any class claim you may have against ASNT, including any right to class arbitration or any consolidation of individual arbitrations.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Columbus, Ohio.
Contact
Any questions, complaints, or claims regarding the Website may be submitted to ASNT by emailing us at customersupport@asnt.org or calling us at 1-614-274-6003 or 1-800-222-2768.
