- Description of Site. The “Site” encompasses the Site and all of its content – including Web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, logo or graphic images appearing herein, and the operation of this Site (collectively, “Materials”) – as well as policies, any modifications, updates, enhancements, revisions, new features, and/or the addition of any new web properties or of the Materials. Substance Abuse Professionals, Inc. (“ASAP”) reserves the right to make any changes to the Site at any time and without prior notice.
- Site Ownership. The Site is protected by copyright, trademark, patent, trade secret, and other laws. The Site is the property of ASAP and all right, title and interest in the Site shall remain with ASAP. Nothing in this Site TOU transfers any rights to you or any third party except as expressly set forth herein. You acknowledge and agree that all submissions to ASAP containing any comments, testimonials, improvements, suggestions, and ideas regarding the Site and/or the Materials will become and remain ASAP’s exclusive property, including any future rights associated with such submissions, even if the provisions of this Site TOU are later modified or terminated. This means you forever disclaim any proprietary rights in such submissions, and you acknowledge ASAP’s unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You acknowledge and agree that you will not in any way copy, reproduce, publish, display, license, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, sell any information concerning, adapt, reverse engineer, frame in any Web page of the Site, or alter the appearance of any Materials obtained from the Site.
- Site Restrictions. As a condition of your use of the Site, you acknowledge and agree that you will not use the Site for any purpose that is unlawful or otherwise prohibited by this Site TOU or the Portal TOU (as applicable). You will not use the Site in any manner that could damage, disable, overburden, or impair any ASAP or service provider server, or the network(s) connected to any ASAP or service provider server, or interfere with any other party's use and enjoyment of the Site. Vandalism, obscene or abusive language, harassment, threats, exploitation of children or abuse of any nature or form on the Site including via email, post or other transmission is strictly prohibited. You may not upload to, distribute or otherwise publish through the Site any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringes upon another’s proprietary rights is invasive of another’s privacy or publicity rights, hateful, racially or ethnically insulting or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability. You will not attempt to gain unauthorized access to the Site, computer systems or networks connected to any ASAP or service provider server or to the Site, through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
- Termination. ASAP reserves the right, in its sole discretion, to terminate the Site and/or your use of the Site at any time for any reason or no reason.
- ASAP’s Use of Information. ASAP may use and disclose the information ASAP collects in order to (i) communicate with you, (ii) give you information on our products and services, (iii) conduct internal business operations, (iv) to comply with legal obligations, and (v) as permitted or directed by users.
- Protecting Your Information. ASAP endeavors to keep personal information secure and protected. ASAP keeps your personal information safe using appropriate electronic or physical security measures, to the extent commercially reasonable and required by applicable law. Nothing in this Policy shall be construed to impose any additional duty upon ASAP with regard to any information related to you which ASAP acquired previously or independently of your disclosure of that information to the Site. ASAP fully disclaims any duty to you regarding the storage and security of any information you provide the Site or the Site owner, except as otherwise expressly and specifically provided in this Policy.
- Children under 13 We do not knowingly solicit data online from, or market to, children under the age of 13.
- Forums. ASAP may offer chat rooms, newsgroups, web logs, or other forums or tools which permit individuals to interact online or to share personal opinions and information with others. Any information you transmit online through such forums or tools will be made public and ASAP cannot control nor is it responsible for the use any third party may make of such information.
- Hyperlinks are Not Endorsements. A link from the Site to a non-ASAP website does not mean that ASAP endorses or accepts any responsibility for the content, functioning or use of such website, and you 3266474.1 44729/125552 07/31/2014enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature.
- DISCLAIMER OF WARRANTIES.
THE SITE AND ALL OTHER INFORMATION OR SERVICES AVAILABLE ON THE SITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY LINKED SITE, WHETHER AFFILIATED OR UNAFFILIATED WITH ASAP, WHICH YOU MAY VISIT THROUGH THIS SITE, ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” BY ASAP, AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON- INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THIS SITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (VIII) THAT THIS SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY ASAP TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS.
THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ASAP AND/OR ITS SERVICE PROVIDERS MAY MAKE CHANGES TO THE SITE AT ANY TIME.
- LIMITATION OF LIABILITY.
ASAP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWSOEVER CAUSED, WHETHER ARISING UNDER THIS SITE TOU, FROM USE OF THE SITE, FROM INFORMATION PROVIDED TO THE SITE BY USERS, OR OTHERWISE, EVEN IF ASAP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.
IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ASAP’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW.
- Notices and Procedure for Making Claims of Copyright Infringement. ASAP will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for ASAP in accordance with the DMCA: Sandra Serrano, Attention DMCA Designated Agent, 1421 Clarkview Road Suite 130; Phone: 888.792.2727; Fax: 410.878.6171; E-Mail: firstname.lastname@example.org.
If you believe your copyright has been infringed, please notify us at email@example.com and provide the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work(s) claimed to have been infringed;
- 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, such as an address, telephone number, and email address;
- Indemnification. You agree to defend, indemnify, and hold harmless ASAP, its affiliates and their respective officers, directors, employees, agents, contractors and service providers from and against any and all claims, liabilities, losses, suits, damages, disputes, or expenses, including reasonable attorney’s fees and costs, arising out of or in any way related to your use of the Site, including any third party claims.
- Governing Law. This Site TOU is made in the State of Maryland. This Site TOU and all disputes arising out of or in relation to the this Site TOU shall be governed by the substantive law of the State of Maryland, and all such disputes shall be heard only in a State or Federal court located in the State of Maryland. By accessing, using, or otherwise interacting with this Site, you irrevocably consent to the exercise of personal jurisdiction by such courts in any such disputes, and irrevocably waive any objection on the ground of venue or the convenience of the forum. Any judgment entered in any such dispute, claim or controversy may be enforced in other jurisdictions in any manner provided by law. You acknowledge and agree that you are responsible for compliance with all foreign, federal, state, and local laws applicable to your access to and use of the Site.
- For More Information If you have any comments, concerns or questions regarding this Site TOU policy, please contact us at: firstname.lastname@example.org