Acceptance of Terms
Privacy and Security Statement
Intellectual Property
Linking Policy
Conduct on Our Site
Disclaimer of Warranties
Language Translation
Email Alias Disclaimer
Limitation of Liability
Indemnification
Termination
General
Questions

The American Society of Mechanical Engineers (“ASME,” “we” or “us”) last amended these Terms of Use on November 13, 2008.

Acceptance of Terms

Welcome to ASME’s web site, located at www.asme.org - “Our Site.”  These Terms of Use also apply to all other ASME owned websites.  Except as set forth below, these Terms of Use, which include our Privacy and Security Statement (together, “Terms”) govern your use of Our Site.  Please read these Terms carefully, because by visiting or using Our Site, you agree to be legally bound by and comply with them.  If you do not agree to these Terms, you are not authorized to use Our Site.  Certain portions of Our Site are accessible only to registered users who affirmatively agree to these Terms by clicking “I AGREE” on the registration page.  For those areas of Our Site, if you do not wish to comply, please click the “I DISAGREE” button and the registration process will be cancelled and you will not be permitted to access and use those portions of Our Site.  In addition to the Privacy and Security Statement, certain sections of Our Site, including but not limited to the ASME Peerlink^SM (formerly Communities of Practice) section, contain supplemental terms and conditions that govern your use of products and services available through those sections of Our Site.  Those supplemental terms and conditions are incorporated in these Terms.

These Terms do not apply to:  (1) web sites operated by individual ASME sections, subsections, groups, student sections, divisions, subdivisions, boards, committees, districts and other ASME-related groups for the benefit of their members or participants; (2) web sites operated by individual ASME members; (3) web sites operated by third-party ASME affiliates; (4) our advertisers’ web sites; or (5) any third-party web sites referred to on Our Site.  You should review those sites’ terms of use before using them.

Please check these Terms regularly because we may modify them from time to time by posting the modified Terms on this page, or if we determine that it is appropriate, we may post a notice of the change on our home page.  Your continued use of Our Site after we have posted amended Terms indicates that you agree to the amended Terms.  If you have questions about these Terms, please feel free to contact us by sending an email to webmaster@asme.org.

Privacy and Security Statement

Please review our Privacy and Security Statement, which is a part of these Terms and describes what information we collect when you visit Our Site, how we collect it, how we use it and the steps we take to protect it.

Intellectual Property

Copyright

All content on Our Site is owned by ASME or a third party and is protected by United States and international copyright laws.  You may copy and distribute only a small portion of a copyrighted ASME work contained on Our Site and solely for personal use or research in connection with non-commercial activities.  If you download or print text files, images, or any other content from Our Site, you must include all trademark, copyright and other proprietary rights notices in the same form in which the notices appear on Our Site.  You may not modify or alter the proprietary notices in any way.  Unless otherwise indicated, you may not alter or modify any of the content that you print or download from Our Site.  You may not use any content from Our Site in a manner that attributes a false or misleading statement to ASME or any third parties.

You may not print or electronically reproduce any content from Our Site for bulk or commercial uses without first obtaining ASME’s permission.  To request copyright permissions, please contact ASME at Webmaster@asme.org.

Except for the foregoing, you may not copy, distribute, publicly display, publicly perform, modify or create derivative works of or in any way exploit or use materials on Our Site (or any computer programs and other coding) without ASME’s express prior written permission in each case.

Notice and Procedure for Making Claims of Copyright Infringement

We intend that all material posted on Our Site respect the copyright and other proprietary rights of third parties.  However, we cannot monitor the copyright ownership of all material posted on Our Site.  If you believe that any material posted on Our Site infringes your copyright, then you may request the removal of those materials from Our Site in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.

A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) ("Notice") must be sent to the agent we have designated with the Copyright Office:

Michael Weis
American Society of Mechanical Engineers
3 Park Avenue
New York, New York 10016

To comply with the Copyright Act, your Notice must be in writing and must include the following:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. 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;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. 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
6. A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

When we receive a Notice that complies with the Copyright Act, we will remove the identified material immediately.  We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal.  The alleged infringer may then provide us with a counter-notice ("Counter-Notice) that the initial infringement notice was erroneous.  Such Counter-Notice must be in writing and must include:

1. A physical or electronic signature of the alleged infringer;
2. Identification of the material 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;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error;
4. The alleged infringer’s name, address, and telephone number; and
5. A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.

Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on Our Site.

Trademark

ASME, the ASME logo and other ASME indicia of source used on Our Site are owned by ASME (“ASME Trademarks”).

The ASME Trademarks may be used only for official ASME business.  You may not use the ASME Trademarks in connection with any products or services that do not belong to us, or in any manner likely to cause confusion about the source of any product or service, that implies that ASME endorses any third-party product or service, or that disparages or discredits ASME.  You may not register any domain names containing any ASME Trademarks without ASME’s prior written consent in each case.

If you are an official ASME unit or group, contact ASME Creative Services at 212-591-7081 for information regarding appropriate ASME Trademark use. For third-party inquiries or legal questions about the ASME Trademarks, please contact the ASME Executive Office at 212-591-7153.

Linking Policy

The following policies for Our Site’s link management will help to steer third-party and internal link requests. If you have any questions about linking to Our Site, please contact the ASME.org Department at 212-591-8645.

Frames, Metatags and Links

You may not frame the content of Our Site.  You may not use metatags or any other “hidden text” that incorporates ASME Trademarks without our prior written consent.  ASME invites companies to link to Our Site but only if the link is made in good faith and is not derogatory in nature.  Any link to Our Site or any of the individual web pages contained in them should open in a new browser window.  Links to Our Site should be in the form of hypertext that says "ASME" or "The American Society of Mechanical Engineers" and does not use any ASME logo or design.  Please let us know if you link to Our Site by contacting us at Webmaster@asme.org.

If you link to Our Site, you agree that such links will not be used on a web site with content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or in a manner that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law or imply ASME’s sponsorship, endorsements or approval of another party’s site or activities.

Links to Third Parties from Our Site

ASME does not link to third-party web sites or non-ASME entities as a general rule, except in cases of paid advertising banner ads and with content partners. ASME does not generally provide reciprocal linking (i.e., trading links), but there may be exceptions in the case of links to sites that are informational in nature. These sites may include travel, hotel, entertainment and historical sites in the areas where ASME business or activities take place.

We do not control other sites or their content, and you should read the privacy policies and terms of use that govern your use of other sites.  The inclusion of links on Our Site does not imply ASME’s endorsement of that site, the organization operating the site, or any products or services offered by the operator of that site.

Advertising

Companies wishing to be listed on Our Site should contact the Mechanical Engineering magazine’s Advertising Department for standard Banner Advertising Rates. A list of the pages and rates for advertising can be found at www.asme.org/promotional/media_kit.cfm. 

Conduct on Our Site

Certain sections of Our Site include chat rooms, forums and bulletin boards (collectively, “bulletin boards”) that allow users to communicate with ASME and other users of Our Site.  Opinions, advice, statements, offers, links, materials and other information (together "Postings") on our bulletin boards are generated by the participants and do not reflect the views, policies or opinions of ASME.  ASME is not responsible for the content of any Postings.  No Postings are endorsed, adopted or published by ASME unless explicitly stated otherwise by one of ASME's authorized agents acting in an official capacity. 

ASME has no obligation to pre-screen, monitor, edit, or delete Postings generated by participants in bulletin boards, but ASME reserves the right to do so if any Postings do not comply with these Terms or are otherwise harmful, inaccurate or objectionable.  ASME is not responsible for any failure or delay in removing Postings that fail to comply with these Terms.  Any complaint about copyright violations in the Postings may be made by following the procedures in these Terms under the heading “Notice and Procedure for Making Claims of Copyright Infringement.”  ASME does not endorse external Web sites that may be listed in any Postings.

When you participate in bulletin boards on Our Site, you acknowledge and agree to the following:

• You take sole responsibility for the content of your Postings.
• You grant ASME the non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sub-license) to reproduce, distribute, publicly display and perform, adapt, translate, and modify your Postings in whole or in part in any form now known or later developed.
• You will not use the bulletin boards to send chain letters, unsolicited advertising, or any other junk or bulk mail.
• You will not impersonate or try to pass yourself off as any other person or entity.
• You will not upload, post, email, transmit or otherwise make available any information, files, code or other materials that are unlawful, tortious, defamatory, vulgar, obscene, or libelous, or that are threatening, abusive, or harassing on the basis of an individual’s (or groups of individuals’) religion, gender, sexual orientation, race, ethnicity, age, disability, or any other protected characteristic.
• You will not upload, post, email, transmit or otherwise make available any information, files, code or other materials that contain viruses or are able to disrupt or damage ASME software, hardware or equipment.
• You acknowledge that your Postings are non-confidential and any ideas, inventions, or know-how disclosed in them will be available to the public.
• You represent and warrant that your Postings will not violate another person’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary or personal right.
• You acknowledge and agree that ASME has the right to delete, modify or supplement Postings at any time for any reason without notification to anyone and to ban or restrict participants in bulletin boards for any reason at anytime.

Disclaimers of Warranties

OUR SITE AND THE SERVICES AND MATERIALS AVAILABLE THROUGH IT, INCLUDING BUT NOT LIMITED TO ASME’S EMAIL ALIAS SERVICE, ARE AVAILABLE "AS IS" AND “AS AVAILABLE.”  WE DO NOT WARRANT THAT OUR SITE OR ANY OF THE SERVICES OR MATERIALS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE.  THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS OR SERVICES AVAILABLE THROUGH OUR SITE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR NON-INFRINGEMENT OF ANY CONTENT ON OUR SITE OR SERVICES AVAILABLE THROUGH IT, INCLUDING THE ASME PEERLINK (FORMERLY COMMUNITIES OF PRACTICE) AND OUR ASME EMAIL ALIAS SERVICE, OR THROUGH LINKS TO OTHER WEB SITES.  WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SITE AND OUR SERVICES.  IF YOU RELY ON OUR SITE AND ANY MATERIALS OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OUR SITE AND ANY CONTENT, INFORMATION, GOODS OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED). 

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER MALICIOUS CODE TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE, OR SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH OUR SITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES.  WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Language Translation Disclaimer

Translations of ASME web sites are done using a third-party service provider (Motionpoint, Inc.). Neither ASME nor any agency, officer, or employee of ASME warrants the accuracy, reliability, or timeliness of any information translated by this system and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of the translation, portions may be incorrect. Any person or entity who relies on information obtained from the system does so at his or her own risk.

Email Alias Disclaimer

ONCE AN EMAIL ALIAS IS ISSUED TO A MEMBER, ASME MAKES NO GUARANTEES ABOUT THE FUTURE PRIVACY OF THE ALIAS. ASME HAS TAKEN MEASURES TO PROTECT MEMBERS FROM SPAM IN THE FORM OF ADDING THIRD-PARTY SPAM-BLOCKING SERVICES; HOWEVER, BECAUSE THE SOFTWARE CANNOT GUARANTEE COMPLETE SPAM BLOCKING, MEMBERS MUST TAKE SOLE RESPONSIBILITY FOR PROTECTING AGAINST PUBLICATION OR MISUSE OF THEIR EMAIL ALIASES. THEREFORE, MEMBERS USE THE EMAIL ALIAS SERVICE AT THEIR OWN RISK.

Limitation of Liability

ASME AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN OUR SITE OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH OUR SITE INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL ASME OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES AVAILABLE THROUGH OUR SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. 

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless ASME and its officers, directors, employees and agents against all liabilities, losses, damages and costs (including reasonable attorneys’ fees), that ASME may incur based on claims arising out of your violation of these Terms.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification.  You agree to provide us with whatever cooperation we reasonably request. 

Termination

We reserve the right to deny you access to Our Site and to terminate these Terms at any time without notice for any reason, including your violation of these Terms.  The following sections of these Terms survive any such termination: limitation of liability, governing law, jurisdiction and venue, the restrictions imposed on you with respect to material you download from Our Site, your license to ASME of any content you provide to us via Our Site, warranties, indemnification, and any other provision that by its terms contemplates survival.

General

These Terms, including our Privacy and Security Statement and supplemental terms and conditions available on Our Site, are the complete agreement between us regarding your use of Our Site and are governed by the laws of the State of New York applicable to agreements made and completely performed there.  You irrevocably agree to bring any claim or dispute relating to your use of Our Site and these Terms exclusively in the state and federal courts located in the State and County of New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue or inconvenient forum objections to such courts.  If a court determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law.

Questions

Please email us at Webmaster@asme.org with any questions you may have about these Terms, including our Privacy and Security Statement.

© 2006  American Society of Mechanical Engineers.