Terms of Use

Sept. 27, 2008

This page states the "Terms of Use" for the www.acs.org Website and the American Chemical Society (ACS) Network or any web page, features, or services available through the ACS (collectively referred to as “the Services”). Please also review our Privacy and Security statements. By accessing, viewing, downloading or otherwise using the Services, you agree to be bound by the terms of these Terms of Use. The ACS may revise these Terms of Use at any time by updating this posting. The terms "You" and "User" are used to refer to anyone who is accessing, viewing, downloading or otherwise using the Services. You are bound by these Terms of Use unless you or the institution on whose behalf you are using the Services have concluded a separate agreement with the ACS, in which case the terms of the latter shall prevail.  If you do not wish to be bound by these Terms of Use, do not join the ACS Network and do not access, view, download, or otherwise use any of the Services. 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.

Acceptable Site Use

(a) Copyright and Proprietary Rights

The entire contents of the Services , 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 anywhere in or on the Services. 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 content may be granted in special circumstances on a case-by-case basis. Please direct any request to use content to 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 in or on the Services 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 Services. This includes activity that can overload the Services’ infrastructure, use of software or other device other than that which is available from the Society, tampering with the software that makes up the Services, and destroying or changing information posted by any other person.

User agrees to comply with all applicable laws, as well as with these Terms of Use. User agrees not to engage in any commercial activity.

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 Services’ security.

User Submissions

You do not have to submit anything, but if you choose to submit something (including any user-generated content, ideas, concepts, techniques and data, you must grant, and you actually grant by agreeing to these Terms of Use, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up, and royalty-free right to ACS to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to the ACS, without any further consent, notice and/or compensation to you or any third parties. By submitting any information to the ACS, you represent and warrant that the submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights. ACS is under no obligation to exercise control over any content you or others submit when using the Services.

User Conduct

You understand and agree not to use the Services:

• To post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.

• Use the Services 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 Services.

• 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 Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

Eligibility

You represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account at any given time; (c) have the full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party. The ACS may refuse service without prior notice to any user for any or no reason.

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. You are prohibited from selling, trading or otherwise transferring your account or any information therein to another party or charging anyone for access to the Services. 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.

Forums/Blogs/Chat Rooms

ACS may include various forums, blogs, and chat rooms where users may post observations and comments on designated topics. ACS cannot guarantee that others will not use the ideas and information that is so shared. Therefore, if you have an idea or information that you would like to keep confidential and/or that you do not want others to use, do not post such information or ideas.

ACS IS NOT RESPONSIBLE FOR THE MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION THAT YOU SUBMIT.

Privacy Statement

Please review the Privacy Statement associated with these Terms of Use.

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 submissions. In addition, ACS may, with or without cause, immediately terminate User’s account and access to the Services without prior notice.Without limiting the foregoing, the following will lead to a termination by ACS of a your use of the Services (a) breaches or violations of these Terms of Use 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 account includes removal of access to all offerings within the Services and may also bar you from further use of the Services. ACS shall not be liable to you nor any third party for any termination of your account or access to the Services.

Waiver of Liability

ACS does not screen or censor the User-generated content made available through the Services. ACS is NOT LIABLE for any content on the Services. User assumes all risks associated with dealing with other users with whom User comes in contact through the Services. Should a dispute arise between User and another user, User hereby agrees to release ACS from all claims, demand, and damages associated with such a dispute.

Waiver of Warranties

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY ON THE SERVICES, ANY INFORMATION THEREIN, OR ITS CONTINUATION. ACS PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ACS DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONIFRINGEMENT.

ACS IS NOT RESPONSIBLE, AND MAKES NO RERPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES.

THE CONTENT THAT IS POSTED ON THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ACS MAKES NO REPRESENTATION ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR THE CONTENT POSTED.

ACS DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES THEIR SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MERCHANISMS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ACS IS NOT RESPONSIBLE FOR THOSE COSTS.

Disclaimer of Consequential Damages

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL ACS OR ANY THIRD PARTIES MENTIONED IN THE SERVICES 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 SERVICES 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. IN NO EVENT SHALL ACS' TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Links to Other Sites

The Services 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.

Indemnification

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 Services or failure to comply with these Terms of Use, including, without limitation, your submission of content that violates third party rights or applicable laws. 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 the Services.

If User accesses the Services from outside the United States, User does so at User's own risk. 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.

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Services is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, ACS web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of the Services.

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 Services. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Services.

Monitoring and Enforcement

While we has the right to monitor activity and content associated with the Services, ACS is not obligated to do so. Because community standards vary and individuals sometimes choose not to comply with ACS policies and practices, in the process of using our Services, 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.

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. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services. 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.

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 Network
Washington, D.C. 20036

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