Terms and Conditions
Last Updated: June 26, 2008
Acceptance Procedure; Additional Terms And Conditions
Before you may use certain areas of this Site, for example our Email Forums, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK” or “I agree.” Any special terms and conditions to which you agree will supplement and amend these Terms and Conditions.
The Rules of Conduct
Your use of the Site is subject to all applicable local, state, and national laws and regulations. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
- transmit, distribute, or upload content materials or programs that contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- forge any TCP/IP packet header or part of the header information in any e-mail or posting for any reason;
- modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
- advocate or encourage any illegal activity;
- infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights, or other intellectual property or proprietary rights of any third party;
- violate the privacy of individuals, including other users of the Site; or
- violate any applicable local, state, or national laws or regulations (anywhere in the world).
Ownership Of Intellectual Property Rights
ASA does not authorize any individual or entity to create a "hypertext" link to this Site without permission. We may, however, if requested, grant a limited, nonexclusive right to create a "hypertext" link to this Site provided that such link is to the entry page of this Site and does not portray ASA or any of its activities or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. No framing techniques may be used to enclose any ASA trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without ASA's express written consent.
Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. ASA has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. ASA does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that ASA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
User Submitted Content
Portions of the Site may provide you and other users with the opportunity to participate in interactive features and submit content, media, and materials for posting on the Site in connection with the same, which may include, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics, and visual effects (collectively, "User Submitted Content"). To be considered for posting and display to the public, User Submitted Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics, and submission, which can also be found on the Site's Web page for the upload of User Submitted Content. When you provide User Submitted Content you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the User Submitted Content, length, your location, and/or similar information.
- infringes any third party's copyright or other intellectual property rights;
- causes harm, harasses anyone, or which may prevent, prohibit, inhibit, restrict, or otherwise impair others from using or enjoying the Site;
- modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site; or
- violates any requirements, rules, terms, or conditions that may be applicable to your use of any related interactive services made available via the Site.
Upon your submission of any User Submitted Content for posting and distribution via the Site, you hereby automatically grant to ASA and its affiliates the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty free right, license, authorization, and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of such User Submitted Content on the Site and any other ASA owned or controlled programming services and distribution platforms, whether currently existing or existing or developed in the future (collectively, the "Platforms"), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit, compensation, consideration, or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to ASA, in our sole discretion.
You acknowledge and agree that neither ASA nor its affiliates shall be required or have any obligation to host, index, display, accept, or use any User Submitted Content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and ASA may, in its sole discretion, remove or refuse to host, index, display, accept, use, or do anything at all with respect to any User Submitted Content. Once you submit or attempt to submit User Submitted Content you shall have no right to prohibit, restrict, revoke, or terminate any of the rights granted to the ASA or its affiliates hereunder. You are not entitled to and you will not receive any compensation or other consideration for your User Submitted Content or any use made of your User Submitted Content once submitted. You also understand and agree that neither all or any portion of your User Submitted Content, nor any commercial, advertisement, promotional, marketing, or other material created by or for ASA that is associated with your User Submitted Content, need to be submitted to you for approval prior to the ASA's or its affiliates' use thereof.
You hereby release ASA and its affiliates from any and all claims of any rights, encumbrances, liens, claims, demands, actions, or suits which you may or can have in connection with your User Submitted Content, including, without limitation, any and all liability for any use or nonuse of your User Submitted Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress, or economic loss. ASA and its affiliates have the right to assign, transfer, convey, license, sub-license, and otherwise transfer, sub-contract, delegate, outsource, or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification, or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights now or hereafter recognized in connection with your User Submitted Content and the rights granted to ASA and its affiliates hereunder.
Copyright Compliance Policy
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.
How to Send a Notice of Copyright Infringement
If you are a copyright owner (or the owner's authorized agent) and have a good-faith belief that material on the Site infringes one of your copyrights, you may notify us using the following procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Send your notice of infringement to our designated agent for receiving such notices:
Name of Designated Agent to Receive Notification of Claimed Infringement:
Mary Kuffner, Esq.
Associate General Counsel
Full Address of Designated Agent to Which Notification Should be Sent:
American Society of Anesthesiologists
1501 M Street NW
Washington, DC 20005
Telephone Number of Designated Agent: (202) 289-2222
Facsimile Number of Designated Agent: (202) 371-0384
E-mail Address of Designated Agent: m.kuffner AT asawash.org
PLEASE DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS, OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE.
Your notice of infringement must be a written communication provided to the agent designated above that includes substantially 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 claimed to have been infringed, or, if multiple copyrighted works on the Site is covered by a single notification, a representative list of such works on 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 the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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; 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.
How to Send a Counter-notice if Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing
As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the e-mail address provided by the user, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the material by sending us a counter-notice as follows:
You must send the counter-notice to our designated agent for receiving notices of infringement, whose name and contact information is above. Your counter-notice must be a written communication and must include substantially the following information:
- A physical or electronic signature of you, the user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
When we receive a counter-notice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counter-notice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our Site, we will not replace the material. Otherwise, we may repost the material at our discretion. However, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counter-notice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace such material.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER ASA NOR ANY OF ITS AFFILIATES, WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION OR MATERIAL. IN PARTICULAR, ASA AND ITS AFFILIATED ENTITIES WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION OR MATERIAL, WHETHER BASED IN VERBAL AGREEMENT, CONTRACT, TORT, STATUTORY, OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE, AND ONLY TO THE EXTENT, THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. THE REMEDIES PROVIDED FOR UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY, OF ASA, ITS AFFILIATES AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
APPLICABLE LAW MAY NOT ALLOW ALL OF THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
This Site, including all software, functions, materials, and information, is provided "as is" without warranties of any kind, either express or implied. ASA disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational content. ASA does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on this Site or any other sites linked to this Site. The materials of this Site may be out of date, and ASA makes no commitment to update the materials at this Site. ASA does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. ASA does not warrant that this Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in this Site, software, materials, products, or services will be corrected. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the site, including, without limitation, all information, materials, and services made available via the website.
Any articles, press clippings, or other third-party publications (collectively, "Publications") made available through the Site are furnished by ASA for your convenience and information.
Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Web site, are those of the respective author(s) or publisher(s) and not of ASA or its affiliates.
ASA DISCLAIMS ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
Links to Sponsors and Other Third-party Sites
Certain links on the Site will let you leave the Site. These linked sites are not under the control of ASA, and ASA is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by ASA of any such linked site or the products therein.
We may terminate your use of the Site and/or access to any information, content, features, functionality, or services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation. The appearance of any member's address, e-mail address, fax number, or telephone number on this Site does not constitute permission for you to contact that member for commercial purposes or to send that member facsimile advertisements or commercial electronic mail messages.
For your protection, ASA would like to remind you that a U.S. federal law known as the "CAN-SPAM Act" places restrictions on how Internet users may send e-mail messages where the primary purpose of the message is commercial advertisement or promoting a commercial product or service. Please refer to the CAN-SPAM Act for further definition of "commercial messages."
If you plan to send a message to any address you obtain from the ASA Member Directory or elsewhere on the ASA Site that might be considered primarily to be a commercial advertisement or to promote a commercial product or service, keep in mind that, a) you are prohibited from using e-mail addresses obtained from this Site for solicitation and b) it is your responsibility to make sure you comply with the CAN-SPAM Act.
Email Forums, Discussion Boards and Shared Resources
This Site may include e-mail forums, discussion boards, and file repositories of member-supplied content called “Shared Resources”, some of which may be available only to members and affiliates of ASA.
ASA does not control or receive any financial benefit from the messages, information, software, files or other materials posted on the Email Forums (the “Postings”). ASA neither condones nor is responsible for any Postings. ASA is an online service provider. If you believe that any Posting uses copyrighted material in a manner that constitutes copyright infringement, please notify our Designated Agent immediately.
ASA does not scan any Postings for viruses or other undesirable components and will not be responsible for any harm, inconvenience or damages to you or others that may result because a Posting contained viruses or other undesirable components. It is your responsibility to take appropriate steps to make certain that your Postings are free of viruses and other undesirable code before proceeding with your upload.
All Postings are made available to the interested community of participants in the Email Forums, which includes ASA members (and may include affiliate members and vendors). Postings will not be treated as confidential. Depending on the information you provide, your Postings may potentially be identifiable to professional or business matters involving you or your practice. We request that you do not post information in the Email Forums regarding any specific situations or matters that you consider to be confidential.
You may not forward any Postings to any third parties who are not subscribers to the Email Forums or members of ASA, without the prior written permission of the individual who posted the particular Posting.
ASA reserves the right at all times to disclose any Posting and the name of the individual who posted the Posting when we believe disclosure is appropriate to comply with the law (or a court order or subpoena); to prevent or investigate a possible crime or other violation of law; to enforce these Terms and Conditions, or to protect your rights, property or safety or the rights, property or safety of ASA or others.
- Restrict or inhibit any other user from using the Email Forums;
- Submit any unlawful, harmful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, hateful, racially or ethnically objectionable, or indecent Postings of any kind, including, without limitation, any Postings constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
- Submit any Postings deemed by ASA as offensive or personally attacking in nature and which, in general, do not represent the professional collegial atmosphere intended for these Email Forums and Shared Resources;
- Submit any Postings that violate or infringe upon the rights of others, including material that constitutes an invasion of privacy or infringement of publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works thereof, without first obtaining permission from the owner or right-holder;
- Submit any Postings that you do not have the right to make available under any law or under any contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as part of an employment relationship or covered by a nondisclosure agreement);
- Submit any false, misleading or fraudulent Postings;
- Submit any Postings that contain software viruses or any other harmful component;
- Submit any Postings relating to actual or potential anticompetitive, collusive, or otherwise unlawful practices, including both price and cost data, or any other competitively sensitive information that may violate federal and state antitrust laws or ASA's Antitrust Policy. Please note that the Email Forums provide a permanent record of statements that could prompt legal scrutiny under the antitrust laws even in the absence of express anti-competitive intent;
- Submit any Postings that impersonate any person or entity or in any other way conceal or misrepresent your identity;
- Submit any Postings that misrepresent your affiliation or relationship with a person or entity;
- Use the Email Forums to promote advocacy efforts that are not sanctioned by ASA or to gather information or data to support advocacy efforts, without first obtaining the prior written authorization of ASA;
- Use the Email Forums to solicit money, goods or services for charitable purposes or private gain;
- Use the Email Forums to post information relating to or conduct any private business or commercial activity without the prior written consent of ASA (commercial activities include, but are not limited to, posting or transmitting information or other material that could reasonably be construed by ASA as constituting promotional announcements, product-related press releases, marketing, advertising, solicitation of business, sale or attempted sale of products or services);
- Use the Email Forums to communicate with potential participants in formal research of any kind, or to conduct market research, surveys, or academic studies without prior approval of ASA. However, informal questions posted to the Email Forums are encouraged, provided that such questions do not otherwise violate these Terms Use.
All Postings to the Email Forums must contain the author's Email Forum user name; no anonymous Postings will be permitted. If you do not wish your e-mail address to be displayed publicly, then you should not send any Postings to the Email Forums. All Postings to the Shared Resources must contain the submitter’s name and organization name.
Participants in the Email Forums are required to provide complete and accurate information when they register for the Email Forums, including their name and verifiable e-mail address. If there is a substantive change in your registration information, you agree to update your information online. Upon registering for the Email Forums, you may not transfer your account to others. You may, however, demonstrate the Email Forums to others, who may then register themselves.
Obtaining ASA's Consent
ASA reserves the right to refuse any such requests in its sole discretion. .