Terms & conditions
These Terms and Conditions govern the use of ASCE websites and any services contained within this site. The information, products, and services provided on this site are in furtherance of ASCE's nonprofit and tax-exempt status. By using this site, you acknowledge that you have read these Terms and Conditions, including the Disclaimers and Limitation on Liability, and that you accept and will be bound by the terms hereof.
Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES.
The contents of this site are provided "as is", and ASCE makes no representations or warranties, express or implied, of any kind with respect to this site or its contents. ASCE disclaims all representations and warranties, including, without limitation, all warranties of merchantability, fitness for a particular purpose, title, and non-infringement.(B) DISCLAIMER OF ACCURACY.
ASCE does not represent or warrant that the information accessible on or via this site is accurate, complete, or current. This site could contain typographical errors or technical inaccuracies. ASCE reserves the right to add, change, or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, this site may contain information provided by third parties. ASCE makes no representation regarding the accuracy, truth, quality, suitability, or reliability of any such information. ASCE is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties. Use of the information on this site is strictly voluntary, and reliance on it should only be undertaken after you have independently verified its accuracy, completeness, and timeliness.(C) LIMITATION ON LIABILITY.
NEITHER ASCE NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, ATTORNEYS FEES, LITIGATION COSTS, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF ASCE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO CLAIMS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS SITE AND WILL NOT MAKE ANY CLAIM AGAINST ASCE FOR VIRUSES, LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. ALL RESPONSIBILITY FOR VIRUSES CONTAINED WITHIN THE SITE OR ELECTRONIC FILES ON THE SITE ARE DISCLAIMED.
Data Privacy, Tracking, and Cookies
- Links to other Sites
This site may contain links to other Internet sites. Such sites are not under the control of ASCE, and ASCE is not responsible for the contents or accuracy of any linked site. Links to other sites do not imply ASCE's endorsement, sponsorship, or approval of the information, products or services on such sites. Your linking to other sites is entirely at your own risk.
ASCE prohibits the posting of any defamatory, abusive, profane, threatening, offensive, anticompetitive, or illegal statements, information or materials on this site and will not be responsible for any such statements, information or materials or resulting liability. If you transmit any information of any kind (including software) to this Web site, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, and that such information does not injure any other person or company. You agree not to post any language or information that is solely for commercial purposes, that constitutes spam or chain mail, or that endorses or opposes a candidate, political party or other partisan position. You understand and agree that ASCE may copy, distribute, modify, display, disclose, obtain intellectual property protection in its own name for, or otherwise use any language or information transmitted or posted to the site (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to ASCE and without acknowledgment of authorship or source. ASCE shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold ASCE harmless with respect to any such compensation, claims, or damages, including attorney's fees.
- Export Restrictions
You agree to comply strictly with all U.S. Export Administration laws and regulations and you further agree that none of the products, services or information on this site will be provided, directly or indirectly, to any proscribed or embargoed countries or their nationals, unless authorized by the U.S. government. Any provision of such products, services or information contrary to U.S. law is strictly prohibited.
(A) PERMITTED USE.
Subscribers and Authorized Users that are permitted online access to the ASCE Library may download, save, or print text, search results, or other information from the ASCE Library solely for the private use or research of the Subscriber and the Authorized Users. The Subscriber and Authorized Users may only use this online access in a way that conforms with all applicable laws and regulations.
ASCE grants the Subscriber and Authorized Users permission for brief quotations from the Licensed Materials with the customary acknowledgment of the source, and to copy and transmit content from individual articles, papers, and/or book chapters in "person-to-person" and non-systematic scholarly exchanges of information between Authorized Users and specific individuals. See more details at Permissions.
The Subscriber may supply a copy of an article, paper, or book chapter (excluding Standards) to fulfill requests for Interlibrary Loans ("ILL"). ILLs are permitted to support non-commercial scholarly research by patrons of other libraries such as public, school, or college libraries provided the institution is in the same country as the Subscriber. The PDF format (Portable Document Format) of the Licensed Materials (i.e. articles, papers, or book chapters (excluding Standards)) may be printed and supplied to the ILL requesting Library by mail or fax, or transmitted through secure electronic submission. All electronic transmissions of such content pursuant to this section must be made using a method or platform that automatically deletes the electronic copy immediately after printing. The supply of such copies must conform to CONTU guidelines or similar restrictions to "fair use" provisions under copyright law.
Faculty at the Subscriber's institution may include articles, papers, and/or book chapters, but not entire full-length journals, books, or standards, from the Licensed Materials in anthologies (coursepacks) in print or digital form for distribution to Authorized Users for their use in connections with classroom instruction or in reserves (print or digital) set up by the Subscribing Institution for access by Authorized Users in connection with specific courses. Copies of items in digital form which are included in online coursepacks or reserves will be deleted by the Subscriber after the end of the semester in which the related course concludes.
The Subscriber shall not knowingly permit anyone other than Authorized Users to use the Licensed Materials. Altering, recompiling, reselling, publishing or republishing (beyond brief quotations with customary acknowledgment of the source) of any text, output, search results, or other information from the Licensed Material, or any portion thereof, including without limitation, copyright, proprietary and/or other legal notices contained therein, in any form or medium is prohibited.
Systematic or programmatic downloading, printing, transmitting, or copying of the Licensed Materials is prohibited. "Systematic or Programmatic" means downloading, printing, transmitting, or copying activity of which the intent or the effect is to capture, reproduce, or transfer the entire output of a journal/serial volume, a journal/serial issue, or a journal topical section, or sequential or cumulative search results, or collection of abstracts, articles, papers, book chapters or tables of contents. Other such systematic or programmatic use of the Licensed Material that interferes with the access of Authorized Users or that may affect the performance of the ASCE Library, for example, the use of "robots" to index content, or downloading or attempting to download large amounts of material in a short period of time, is prohibited.Redistribution of the Licensed Material, without permission by ASCE and/or payment of royalty to ASCE or to the appropriate Reproduction Rights Organization, is prohibited. See more details at Permissions.
All rights not expressly granted herein are reserved to ASCE. The Subscriber and Authorized Users may not circumvent ASCE's access control systems or use ASCE's systems or services to make any attempt to gain unauthorized access to any other system or network.
ASCE shall not be required to distribute, and Subscriber shall not redistribute any ASCE Library material included therein to a country where the export thereof is prohibited by U.S. law or regulation.
- Applicable Law and Venue
Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions shall be governed by, interpreted and construed in accordance with the laws of the Commonwealth of Virginia. All claims, actions, proceedings and disputes arising out of this Agreement shall be commenced exclusively in Virginia, and all parties consent to personal jurisdiction in Virginia.
- Complete Agreement
These Terms and Conditions constitute the entire and only agreement between ASCE and any viewer of this site, and supersedes any prior, contemporaneous, conflicting or additional communications, representations, warranties or understandings with respect to this site and the information on this site. ASCE reserves the right to terminate access to any user who does not abide by these Terms and Conditions.
You agree to defend, indemnify, and hold harmless ASCE, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable attorneys fees, alleging or resulting from your breach of these Terms and Conditions.
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This website takes every precaution to protect users' information. When users submit sensitive information via the website, your information is protected both online and off-line.
When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just 'surfing'.
While we use SSL encryption to protect sensitive information online, we also do everything on our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. If you have any questions about the security at our website, you can send an email to [email protected]
- Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealing with this Web site, you can contact [email protected]