This page describes the terms and conditions that govern your use of ASA website(s) (asaging.org) including subscriptions to ASA publications such as Generations Journal, Generations Today, Generations Now, web seminars, Generations Forums, On Aging Annual Conference, On Aging Institute, and the like (collectively the “Site”).
1.1 By choosing to use the Site, you are agreeing to abide by all of the terms and conditions of these Terms and Conditions of Use between you and ASA.
1.2 We may change, add or remove portions of these Terms and Conditions of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Conditions of Use prior to each use of the Site and by continuing to use this Site, you agree to any changes.
2. Content on the Site and in Publications.
2.1 The contents of the Site are intended for your personal, noncommercial use. All materials published on the Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by ASA or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.
2.2 You may download or copy the Content and other downloadable items displayed on the Site for personal use only, provided that you maintain all copyright and other notices contained therein.
2.3 The contents of the Site may contain links to third-party websites, resources, and advertisers, for example but without limitation through ASA’s event resource centers and communities, (collectively, “Linked Content”). You understand and agree that ASA does not control, endorse, sponsor, recommend or otherwise accept liability for any of this Linked Content. As such, we are not responsible for the availability of these outside resources, or their contents, services or privacy practices. Accordingly, any concerns regarding any of this content should be directed to the appropriate site.
3. User-generated Content, Comments, and Submissions.
3.1 You acknowledge that any submissions you make to the Site (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by ASA and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you, absent any other agreement specifically executed between you and ASA concerning a specific Submission.
3.2 Without the express approval of ASA, you may not distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services through the Site.
3.3 You are solely responsible for the content of your Submissions to the Site. You shall not upload to, or distribute or otherwise publish to the Site, any libelous, tortuous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You agree that you will not threaten or verbally abuse other users of the Site, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.” You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Site.
3.4 You grant ASA a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to Content you submit to the Site, which includes without limitation the right for ASA or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any submission posted by you on or to the Site.
4. Use of the Site; Registration and Security.
4.1 You may not access parts of the Site to which you are not authorized. Being exposed to advertising is a condition of accessing the Site.
4.2 The Site contains links to other related World Wide Web Internet sites, resources, and advertisers. Since ASA is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to such site.
4.3 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You are responsible for maintaining the confidentiality of your password.
4.4 Please notify ASA of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
4.5 In addition you agree that you:
- Will not use or launch any automated system, including without limitation, any “robot,” “spider,” “offline reader,” etc., that accesses the Site in a manner that sends more request messages to the ASA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Will not collect or harvest any personally identifiable information from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes that are not expressly authorized by ASA;
- Will not interfere with the operation of this Site via the use of viruses, programs or technology designed to disrupt or damage or hinder software or hardware;
- Will not defeat or attempt to defeat any security measures placed upon ASA’s network infrastructure or any other connected systems;
- Will not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any materials on the Site;
- Will not use the Site to solicit personal information, such as telephone numbers, street addresses, or email addresses from any User (as defined below) or display personal information of another person or entity without such person’s or entity’s consent;
- Will not use the Site to promote unlawful behavior, promote or sell illegal goods or services, or violate any Applicable Law;
- Will not transmit any Content unless you have the lawful right to disseminate such Content including, without limitation, private, confidential, trade secret, trade mark, proprietary or other non-public information of any other party through the Site, and will not infringe or violate the rights of any third party in so transmitting Content;
- Will not use the Site to promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacturer installed copy-protect devices.
5. Trade and Service Mark Rights.
5.1 The names, trademarks, service marks and logos of ASA, whether or not appearing in large print or with the trademark symbol, belong exclusively to ASA and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, services marks and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks or any materials is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any trademark of ASA or any third party.
6. Notifications of Infringement.
6.1 We do not tolerate infringement of intellectual property on the Site, and will remove Content from the Site if properly notified that such Content infringes the intellectual property rights of another. If you believe your intellectual property rights have been infringed upon, please provide us with a notice (the “Infringement Notice”) that includes:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you;
- 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All Infringement Notices must be sent to:
American Society on Aging
605 Market Street, Suite 1111
San Francisco, CA 94105-3213
7. Representations and Warranties.
7.1 ASA does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SITE IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
8. Limitation of Liability.
8.1 You agree that ASA shall not be liable or obligated, under any legal theory, for any direct, indirect, incidental, special, punitive, consequential or other damages (“Damages”) caused to you by reason of publication of Content on the Site, by any use made of the Content by you, any errors or omissions in the Content, or for any Damages caused by using the Site including, but not limited, to Damages sustained as a result of electronic malfunctions or difficulties, failed or incomplete transmissions, viruses, Trojan horses or the like.
9. Waiver and Modification.
9.1 The failure of ASA to insist upon strict performance of any provision herein by you or any User shall not be deemed a waiver by ASA of any of its rights or remedies or a waiver by it of any subsequent default by you or such User. We may amend this Agreement at any time by posting the amended terms on the Site. Your use of the Site following any amendment of this Agreement will signify your assent to and acceptance of the revised terms and conditions.
10.1 You agree to defend, indemnify and hold harmless ASA and its respective officers, directors, employees and agents, from and against any and all Damages, claims, demands, actions, judgments, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to this Site;
- Your violation of these Terms and Conditions or any other ASA policy;
- Your violation of any third party right including, without limitation, any copyright, property, or privacy right;
- Any claim that submission or use of any Content or information on this Site by you caused damage to a third party; and
- Your violation of any State, Federal, Foreign, or International laws.
11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of law (whether of the State of California or any other jurisdiction). You hereby irrevocably and unconditionally consent to submit, for any action, proceeding or investigation in any court, arbitration or before any government authority (“Litigation”) arising out of or relating to the use of the Site, to the exclusive jurisdiction of state and federal courts located in San Francisco City and County (and agree not to commence any Litigation relating thereto except in such venues).
12.1 If any provision herein is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, legal, operative and enforceable to the maximum extent permitted by applicable law while preserving its original intent. The invalidity, illegality or unenforceability of any part of these Terms and Conditions shall not render invalid the remainder of these Terms and Conditions.
13. No Third Party Beneficiaries.
13.1 Any agreement contained, expressed or implied in these Terms and Conditions shall be only for the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns, and such agreements shall not inure to the benefit of the obliges of any indebtedness of any third party, it being the intention of the parties that no person or entity shall be deemed a third party beneficiary of these Terms and Conditions, except to the extent a third party is expressly given rights herein.
14. Equitable Remedies.
14.1 You acknowledge and agree that: (a) we have expended significant resources to develop the Site; (b) certain breaches or threatened breaches by you of any provision herein may result in irreparable injury and damage to ASA for which we may not be reasonably or adequately compensated in money damages; (c) we may have no adequate remedy at law for any such breach or threatened breach; and (d) in the event of a breach or threatened breach of any provision herein by you for which there is no adequate remedy at law, we shall be entitled, in addition to all other applicable remedies under these Terms and Conditions or in law or in equity, to apply for specific performance by you of the terms of these Terms and Conditions, immediate injunctive and other appropriate equitable relief, including, without limitation, the enjoining of you from the breach of any covenant set forth herein. No right or remedy conferred upon or reserved by ASA is exclusive of any right of remedy herein or permitted in law or in equity, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity (or by statute or otherwise).
15.1 These Terms and Conditions and any other ASA policy referenced herein shall constitute the entire agreement between you and ASA with respect to your use of the Site.