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ASGO WEBSITES TERMS OF USE

ACCEPTANCE OF THESE TERMS OF USE

This Terms of Use Agreement (the "Agreement") states the terms and conditions under which you may use one of our company websites (our “ASGO Sites”).

Please read this Agreement carefully. The ASGO Sites contain various information in the form of data, text, reports, and other materials relating to ASGO and its products and/or services as well as third-party content (collectively, the "Content"). By accessing, browsing and/or using the ASGO Sites and their Content, you acknowledge that you have read, understood and agree to be legally bound by this Agreement.

ASGO reserves the right to amend this Agreement at any time and from time to time. You should check this Agreement each time you use any of the ASGO Sites to determine if any changes have been made. If you use an ASGO Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.

 

LINKS TO THIRD-PARTY SITES

The ASGO Sites may contain links to other Websites ("Linked Sites"). The Linked Sites may not be under the control of ASGO or ASGO’s affiliates and ASGO and its affiliates are not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. ASGO is providing these links to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement by ASGO of the Linked Site or any association with its operators.

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ADVERTISEMENTS

The ASGO Sites may use third-party advertising companies to serve ads on the ASGO Sites. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

Advertisements appearing on the ASGO Sites should not be construed as any type of endorsement by ASGO, or any of the participating standards developing organizations or third party organizations (unless otherwise noted) of the advertisement, the advertiser or the advertiser's organization, system, product or service. ASGO, the standards developing organizations and the third party organizations expressly disavow any such implied endorsement.

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USE OF COMMUNICATION SERVICES

The ASGO Sites may contain links to bulletin board services, chat areas, forums, communities and/or other message or communication facilities, including the ASGOCA 2.0 Portal, designed to enable you to communicate with a group or ASGO (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material for which you have the legal authority and related to the particular Communication Service.

ASGO has no obligation to monitor the Communication Services. However, ASGO reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ASGO reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ASGO reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ASGO’s sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

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NO UNLAWFUL OR PROHIBITED USE / TERMINATION

As a condition of your use of the ASGO Sites, you warrant to ASGO that you will not use any ASGO Site for any purpose that is unlawful or prohibited by this Agreement. You may not use any ASGO Site in any manner which could damage, disable, overburden, or impair such ASGO Site or interfere with any other party's use and enjoyment of such ASGO Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through any ASGO Site.

None of the ASGO Sites or any Content may be copied, downloaded, stored in a retrieval system, published, transmitted or otherwise reproduced, transferred, stored, disseminated, used as a component of or a basis for a database or otherwise used in any form or by any means. Search result pages may be printed for individual use. You may not make electronic copies of any Content. You may not resell Content for any purpose, or provide it to third parties by gift, copying on a charge basis, copying on a no charge or "cost recovery" basis, loan, rental, service bureau, external time sharing or similar arrangement.

ASGO reserves the right, in its sole discretion, to terminate your access to any ASGO Site and the related services or any portion thereof at any time, without notice.

 

INTELLECTUAL PROPERTY RIGHTS

"ASGO" and the ASGO logo are registered trademarks of ASGO. Please refer to the ASGO Logo Use Guidelines for information regarding usage of the ASGO logo, the Member Icon, or various Marks. Nothing on the ASGO Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ASGO’s intellectual property marks displayed on the ASGO Sites, without its prior written permission in each instance.

You acknowledge that the ASGO Sites and their Content may be protected by copyright, trademarks, trade secrets, or other proprietary rights by ASGO or third parties, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the ASGO Sites are and shall remain the property of ASGO.

No portion of the ASGO Sites may be reproduced in any form, electronic or otherwise, for any purpose other than personal use, without prior written permission of ASGO. To the extent that ASGO is not the copyright owner of some portion of an ASGO Site, ASGO has received permission to include such material in such ASGO Site.

You agree to comply with all intellectual property rights laws and you shall not encumber any interest in, or assert any rights to, any Content on the ASGO Sites. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.

 

CONFIDENTIALITY

If you request a quote for ASGO products or services, you agree that: (i) any information provided to you in response to that request, whether or not it is marked or otherwise identified as “Proprietary” or “Confidential” or words of like import, will be kept in confidence, used exclusively in connection with obtaining services from ASGO, and not published or otherwise disclosed to others; (ii) if any information contains restrictions on use or disclosure, you will comply with the restrictions; and (iii) you will keep all restrictive language intact in all copies. You also recognize that ASGO’s quotes and pricing constitute confidential and proprietary information, and you acknowledge that in the event of a breach of this confidentiality provision, ASGO may suffer irreparable harm. In the event of such a breach, you agree that ASGO is entitled to seek injunctive relief as well as other applicable remedies at law or equity.

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MATERIAL PROVIDED TO ASGO OR POSTED ON THE ASGO SITES

ASGO does not claim ownership of the materials that any third parties (including you) provide to ASGO (including feedback and suggestions) or post, upload, input or submit to the ASGO Sites or their associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting Submissions, such third parties (including you) grant ASGO and its affiliated companies permission to use Submissions in connection with the purpose of such Submission and the operation of the ASGO Sites, including, without limitation, the rights to, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such Submission; and to publish the name of the persons or organizations submitting such Submission, solely in connection with such Submission.

ASGO is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ASGO's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

 

AGENT FOR NOTIFICATION OF CLAIMED INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512, ASGO has designated an agent to receive notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that constitutes copyright infringement, please notify our designated at asgocert@gmail.com

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted 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 that site.

(iii) 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has 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.

(vi) 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.

Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of registered users who are repeat infringers.

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CONTACTING GOVERNANCE, POLICY, AND PROGRAM OVERSIGHT COMMITTEE MEMBERS

The ASGO Sites may list the names and organizational affiliations of ASGO members who participate on governance groups, policy committees, and/or program oversight committees. These individuals should not be contacted directly concerning ASGO business. ASGO staff members listed on each page are always the appropriate contacts to use concerning any ASGO business.

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DISCLAIMER OF WARRANTIES

You acknowledge and agree that the ASGO sites are provided on an “as is” and “as available” basis. None of ASGO, its affiliates, subsidiaries or suppliers to the ASGO sites or their officers, directors, employees or agents (collectively the “ASGO parties”) guarantee the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the ASGO sites. None of the ASGO parties warrant that the ASGO sites will be uninterrupted or error free, that any specific information that is requested will be provided or that the ASGO sites or its server(s) are or will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of the ASGO sites and the accuracy, timeliness or completeness of the content or services is assumed solely by you. None of the ASGO parties make any, and they hereby specifically disclaim any and all representations, endorsements, guarantees, and warranties, express or implied, regarding the ASGO sites, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of third-party rights.

You understand and agree that any content, material and/or data downloaded or otherwise obtained through the use of the ASGO sites are used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content, material and/or data.

 

LIMITATION OF LIABILITY

Under no circumstances will any of the ASGO parties be liable for any loss or damage caused by your reliance on information obtained through the ASGO sites. It is your responsibility to evaluate the accuracy, completeness, or usefulness of the ASGO sites. In no event shall any of the ASGO parties be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the ASGO sites or this agreement, whether based on warranty, contract, tort, or any other legal theory. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the ASGO parties’ liability is limited to the greatest extent permitted by law. If you are dissatisfied with any portion of any ASGO site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the ASGO sites.

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STAFF CONTACT

If you have any questions, please contact ASGO at customer.asgo@aol.com

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