Terms of Use
This page states the "Terms of Use" for the use of the www.acs.org Website and the User Agreement for the ACS Member Network. Please also review our privacy and security statements. By using this Website, you agree to be bound by the terms of these Terms of Use. The American Chemical Society (ACS) may revise these Terms of Use at any time by updating this posting. The terms "You" and "User" are used to refer to any one who is accessing the www.acs.org Website.
Acceptable Site Use
(a) Copyright and Proprietary Rights
The entire contents of the www.acs.org Website, including the text, graphics, images, logos, button icons, HTML code, and other "Material" are copyrighted by the ACS under the copyright laws of the United States (Title 17, U.S. Code). User agrees not to remove or obscure copyright notices appearing on this Website. ACS grants no copyright or ownership interests to User for any of the material and proprietary information referred herein belonging to ACS. Permission to use www.acs.org content may be granted in special circumstances on a case-by-case basis. Please direct any request to use content to the www.acs.org office at webmaster@www.acs.org.
(b) Name and Logo
User agrees not to use the name of ACS or its logo for any promotional or commercial purpose or any other purpose without the prior written consent of ACS.
(c) Prohibited Use
User agrees not to modify, alter, or create derivative works of the material contained on www.acs.org without prior written permission from ACS.
User agrees not to post any false or inaccurate biographical information, delete or change any information posted by another person, and share User's password with any third party.
User agrees not to do anything that interferes with the proper working ability of the Website. This includes activity that can overload the Website's infrastructure, use of software or other device other than that which is available from the Society, tampering with the software that makes up the Website, and destroying or changing information posted by any other person.
User agrees not to engage in any unlawful or commercial activity on the Website.
User may not post material that is copyrighted without first obtaining proper written consent from the copyright owner.
(d) Website Security
Users are prohibited from violating or attempting to violate the security of www.acs.org.
User Submissions
By posting information on the Website, User grants the Society the right to use this material and User grants any other user the right to access, display, view, store, and reproduce this material solely for their personal use.
Registration and Password
Users are responsible for maintaining the confidentiality of their information and password. User is responsible for all use associated with User's registration and the compliance with all Terms of Use.
Privacy Statement
Please review the privacy statement associated with this document.
Termination of Account
ACS reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of User's postings from this Website and immediate termination of User's registration with or ability to access the Website and/or any other service provided to User by ACS, upon any breach by User of these Terms of Use, if ACS is unable to verify or authenticate any information User submits to the Website registration, or if user has not logged onto the account in the past 90 days.
Waiver of Liability
ACS does not screen or censor the User-generated content made available on the Website. ACS is NOT LIABLE for any content posted on the Website. User assumes all risks associated with dealing with other users with whom User comes in contact through the Website. Should a dispute arise between User and another user, User hereby agree to release ACS from all claims, demand, and damages associated with such a dispute.
Waiver of Warranties
THE CONTENT THAT IS POSTED ON WWW.ACS.ORG MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ACS MAKES NO REPRESENTATION ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE OR THE CONTENT POSTED.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NONINFRINGEMENT. ACS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
ACS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MERCHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ACS IS NOT RESPONSIBLE FOR THOSE COSTS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL ACS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
Www.acs.org may contain links to third party Websites. These links are provided solely as a convenience to User and not as an endorsement by ACS of the contents on such third-party Websites. ACS is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. Links to third party Websites are performed at your own risk.
ACS does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. User acknowledges that any reliance on material posted by other users will be at your own risk.
Indemnity
User agrees to defend, indemnify, and hold harmless ACS, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the www.acs.org Website or your breach of the terms of these Terms of Use (or Service Agreement). ACS shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User's expense, in defending any such claim, suit or proceeding.
Terms of Agreement
User agrees not to make any unauthorized commercial use of this Website.
If User accesses the site from outside the United States, User does so at User's own risk.
Governing Laws
These Terms of Use are governed by the internal substantive laws of the District of Columbia. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the District of Columbia. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
User Agreement for ACS Member Network
Last Updated: March 1, 2006
Welcome to the User Agreement for ACS Member Network. This agreement describes the terms on which you may access and use our services. In order to become a ACS Member Network user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. In the event of any inconsistency between the Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the ACS Member Network service indicates your acceptance of this User Agreement.
Description of Service
The ACS Member Network is an online service offered to enable ACS members to find and connect with other members (the “ACS Member Network Service”).
Membership Eligibility
The ACS Member Network is available to ACS Members who have not otherwise been suspended or removed from the system by ACS for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your ACS Member Network account to another party.
Use of Service
Your use of the ACS Member Network Service is governed by this User Agreement. The ACS may refuse service without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify ACS of any unauthorized use of your password or account or any other breach of security. ACS cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Termination
You agree that ACS may, with or without cause, immediately terminate your ACS Member Network account and access to the ACS Member Network Service without prior notice. Without limiting the foregoing, the following will lead to a termination by ACS of a user’s use of the ACS Member Network Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your ACS Member Network account includes removal of access to all offerings within the ACS Member Network and may also bar you from further use of the ACS Member Network Service. Furthermore, you agree that all terminations shall be made in ACS’ sole discretion and that ACS shall not be liable to you nor any third-party for any termination of your account or access to the ACS Member Network Service.
User Conduct
You understand and agree not to use the ACS Member Network to:
- Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
- Use the ACS Member Network Service for any illegal purpose, including but not limited to conspiring to violate laws.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
- Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Stalk or harass anyone.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the ACS Member Network Service.
- Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
- Interfere with or disrupt the ACS Member Network Service or servers or networks connected to the ACS Member Network Service, or disobey any requirements, procedures, policies or regulations of networks connected to the ACS Member Network Service.
International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Information Provided on this Website
In the course of using the ACS Member Network Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the ACS Member Network website, you are granting to the ACS a royalty-free, perpetual, irrevocable license to use this information in the course of offering the ACS Member Network Service. Furthermore, you understand that ACS retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the ACS Member Network Service is the sole responsibility of the person from which such content originated and that ACS will not be liable for any errors or omissions in any content. You understand that ACS cannot guarantee the identity of any other users with whom you may interact in the course of using the ACS Member Network Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the ACS Member Network website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
ACS Communications
In the course of providing you services, ACS may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the ACS Member Network Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the ACS Member Network Service.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the ACS Member Network Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless ACS, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the ACS Member Network Service; ii) unauthorized access to or alteration of your communications with or through the ACS Member Network Service, or iii) any other matter relating to the ACS Member Network Service. Any transactions which may arise between users from their use of the ACS Member Network are the sole responsibility of the users involved.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that ACS may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of ACS, its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE ACS MEMBER NETWORK SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ACS DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. ACS ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. ACS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ACS MAKES NO WARRANTY THAT (i) THE ACS MEMBER NETWORK SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE ACS MEMBER NETWORK SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ACS MEMBER NETWORK SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ACS MEMBER NETWORK SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ACS MEMBER NETWORK SERVICE IS DONE AT YOUR OWN DISCRETION AND 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 ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACS OR THROUGH OR FROM THE ACS MEMBER NETWORK SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Entire Agreement
The User Agreement constitutes the entire agreement between you and ACS and governs your use of the ACS Member Network Service, superseding any prior agreements between you and ACS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ACS' TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
Governing Law
The User Agreement between you and ACS will be governed by and construed in accordance with the laws of the District of Columbia without regard to conflict of laws principles.
General Information
ACS, the ACS, and other ACS logos and names are trademarks of the American Chemical Society. You agree not to display or use these trademarks in any manner without the ACS’ prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:
American Chemical Society
1155 16th Street, N.W.
ATTN: ACS Member Network
Washington, D.C. 20036