Terms of Use

Terms of Use for Wix and YM Websites

Privacy Policy General Information

Thank you for visiting our website. These Website Terms of Use ("Terms of Use") govern your use and enjoyment of, and apply to, the entire group of websites and webpages owned, operated, licensed, or controlled by the Association of ESD Professionals (“Association”), including our website using the association management software of YourMembership, a Community Brands company (“Websites”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS OR ANY OTHER ASSOCIATION WEBSITE.

By accessing Association Websites, you (the "User" or "You" or "you") agree to be bound by all the terms and conditions contained in these Terms of Use. The Association reserves the right at its discretion to change these Terms of Use at any time. It is User's responsibility to check these Terms of Use for changes each time User accesses the Websites. Any changes to the Terms of Use will be effective as soon as they are posted on the Websites. User's continued access and use of the Websites after the posting of any amended Terms of Use shall constitute User's acceptance to the new Terms of Use and User shall be bound by such.

Last Date Terms of Use Changed: December 22, 2021

Users Accessing the Websites from Outside the United States of America: The Association makes no representation that the Website content is appropriate or available for use outside the United States. Those who choose to access the Websites from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Such users also agree to comply with all applicable United States export controls.

Limited License

User is granted a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to access the Websites according these Terms of Use ("Limited License"). If User does not agree to the terms and conditions of these Terms of Use, or any amended Terms of Use, User may not access or use the Websites for any purpose, and shall promptly discontinue such use of the Websites.

Content

This Websites contain a variety of resources and content including but not limited to educational materials, articles, reference tools, images, photographs, sounds, music, artwork, communication tools, discussion and chat boards, text, exemplars, topic-based discussions, event based services such as live and recorded webinars, directories, guides, articles, opinions, weblogs, reviews, text, design, logos, graphics, button, icons, photographs, images, illustrations, a look and feel, layout, navigational structure, ideas, unique expressions of ideas, visual display choices, website trade dress elements, audio clips, video clips, trademarks, service marks and the like that are protected by copyright and/or other intellectual property laws (collectively the "Content"). All Content and the rights thereto, are owned, licensed or controlled by the Association. User agrees that unless expressly granted otherwise herein, User shall not cause any Content to be copied, reproduced, distributed, parsed, modified, republished, encoded, translated, or delivered manually or electronically in any way (including but not limited to mirroring) to any source either directly or indirectly. User shall not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way commercially exploit or provide to a third party the Content or any other portion of the website without the prior written consent of the Association. Content use may be subject to further restrictions as described herein.

Downloads

If any downloads are purposely made available to you through the Websites, you may use such downloaded materials, provided that such use is for personal and not for commercial use; that you do not remove any proprietary notices on such materials, if any; that you do not copy or post such materials on any computer, website, or broadcast medium; that you make no changes to such materials; that you do not distribute such materials to any third parties; and that you do not attempt to electronically reproduce such materials and that you follow any other restrictions posted or present about or on such downloaded materials.

Trademarks

Without prejudice to the restrictions set forth in Section 1, above, any and all trademarks, service marks, logos and brand identifiers (collectively the "Marks") found on Association Websites are registered domestic or international trademarks or service marks, or otherwise protected by common law, and therefore are owned by the Association. Unless otherwise granted explicit permission in writing from the Association, nothing contained in our Websites should be construed as granting, by implication, estoppel or otherwise , any license or right to use any of the Marks without the prior written permission of the Association. Any misuse of the Marks is strictly prohibited and may violate federal and/or common trademark laws. Other brands or product names used on the Websites may be trademarks and/or service marks of their respective owners, and should be treated as such. User should not use any Marks without the express written permission of the Association.

Additional Terms

Additional terms and conditions may apply to purchases or access to specific sections, purchases, products, subscriptions, modules, courses or other educational materials attainable through the normal navigation of our Websites ("Additional Terms"). Such Additional Terms may be incorporated by reference into these Terms of Use or may require a separate agreement that supersedes these Terms of Use for your use of those portions of the Websites requiring such Additional Terms. In the event of a conflict between these Terms of Use and such additional terms and conditions, the Additional Terms shall control but specifically and only for those portions of the Websites requiring such Additional Terms unless they otherwise noted.

User-Provided Materials

Any User who uploads or posts any materials or information on the Websites grants the Association an irrevocable, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publicly perform, create derivatives works therefrom and publicly display that information in connection with the Content without regard to attribution or moral rights. The Association reserves the right to remove any User-provided content or postings deemed offensive, inappropriate, inaccurate, misleading, and/or fraudulent at any time without User's consent. User acknowledges and agrees that the Association may preserve and disclose User content, if required to do so by law or if the Association believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to a claim that User content violates any third-party rights, or protect the right, property, or personal safety of the Association, any User of the Websites, or the public.

User Restrictions

Unless otherwise expressly granted herein, User may not, and may not permit others, to:

  • Use the Websites to perform any illegal activities, including, but not limited to, defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal or privacy rights of others;

  • Use the Websites to collect names or contact information for mailings or communications;

  • Sell, rent, lease, license, sublicense, or assign the Websites, the use of the Websites, and/or Content;

  • Reverse engineer, decompile, disassemble, or otherwise derive the source code or object code from the Websites or any Content;

  • Alter, modify, adapt, reconfigure, or prepare derivative works of the Content or Websites;

  • Provide or permit access to the Websites or their Content except for the sole use of User;

  • Archive or retain any portion of the Websites or their Content in any form without the express written permission of the Association;

  • Distribute (including but not limited to, via e-mail or the Internet), or otherwise make available copies of the Websites or Content to others, whether or not for payment or other consideration, without the written permission from the Association;

  • Copy, extract, summarize, distribute or otherwise use the Websites or their Content in any manner which competes with or substitutes for the Association's distribution of the Websites or their Content to its users or subscribers;

  • Transmit information that infringes any copyright, trademark, trade secret, or other intellectual property rights of any party;

  • Transmit any material that contains malware, virus, other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;

  • Impersonate anyone or any entity, falsely state or otherwise misrepresent other users' affiliation with a person or entity;

  • Collect or store personal data about other users or members;

  • Disclose any Personally Identifiable Information ("PII"), Protected Health Information ("PHI") or any information that would be a violation of the federal regulations issued pursuant to the Health Insurance Portability and Accountability Act ("HIPAA") and codified at 45 C.F.R. Parts 160 and 164, subparts A and E (the "Privacy Rule") and Part 164, subparts A and C (the Security rule"), or Subtitle D of the Health Information Technology for Economic and Clinical Health Act (“HITECH").

  • Disclose PII or PHI about yourself that is not necessary or about others without their express permission.

  • Directly or indirectly copy or allow the copying of any material on the Websites whether by scraping, robots, spiders, crawlers, deep-link, page-scrape or any other similar method.

  • Directly or indirectly copy electronically or manually.

  • Circumvent the normal and organic navigational structure of the Websites or try to obtain documents, files or directories that are not meant to be publicly displayed.

  • Probe, electronically scan, reverse engineer, or decompile any code on the Websites.

  • Directly or indirectly provide or create an unreasonably or disproportionate load on the Websites.

  • Use the Websites manually or electronically, directly or indirectly, for your own purposes or for a third party, to gain access or information about any other user of the Websites or member of the Association.

  • Take any action manually or electronically, directly or indirectly, for your own purposes or for a third party, to interfere with the normal operation of our Websites or of another user's operation of our Websites.

Changes on Website

Cookies are small text files sent to your hard drive when you visit a website. From time to time we may use cookies for different reasons including to make your user experience more enjoyable, to track what pages you visit, to keep track of your login information so it is available for you when need it, and for other purposes. Cookies can be required, meaning they are necessary for the proper functioning of our Websites or a portion of any of our Websites.

Disclaimers

THESE WEBSITES AND THE INFORMATION, SERVICES, PRODUCTS, AND CONTENT CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTIES EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF USAGE, OPERATION OF WEBSITES IS ERROR-FREE, NON-INFRINGEMENT, ANY AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MATERIALS AND/OR CONTENT, SOFTWARE, DOCUMENTATION, OR INFORMATION. ASSOCIATION DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THESE WEBSITES, WHETHER BY ASSOCIATION OR A THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE CONTENT AND DISCUSSION BOARDS; USER ACKNOWLEDGES THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT USER'S SOLE RISK.

Indemnification

User agrees to defend, indemnify and hold the Association and its owners, directors, officers, employees, agents, successors, assigns, and state/constituent member associations harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by the Association, directly or indirectly, with respect to or arising out of: (i) User's failure to comply with these Terms; (ii) User's breach of any obligations under these Terms; (iii) User's use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) any third party claim based on User's use of our Websites and/or (v) User's violation of any third party right, including without limitation any copyright, trademark, other intellectual property, or privacy right.

Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, IN NO EVENT SHALL ASSOCIATION OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITES, CONTENT, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITES, INCLUDING, BUT NOT LIMITED TO: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PROPRIETARY INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITES; AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITES BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Default

In the event User breaches any of the terms and conditions of these Terms of Use, the Association reserves the right to terminate these Terms of Use and User's rights hereunder immediately without notice, or by giving User written or on-line notice of termination.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, without regard to their conflicts of law provisions. UCITA is waived in its entirety.

Enforcability

If any provision to these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Termination of Use

If the User violates these Terms of Use, User may be barred from using our Websites in the future and/or may be subject to legal action.

Other Use Restrictions

Without prejudice to the restriction set forth in Section 7, above, you may not directly or indirectly copy or allow the copying of any material on the Websites whether by scraping, robots, spiders, crawlers, deep-link, page-scrape or any other similar method. You may not directly or indirectly copy manually. You may not circumvent the normal and organic navigational structure of the Websites or try to obtain documents, files or directories that are not meant to be publicly displayed. You may not probe, electronically scan, reverse engineer, or decompile any code of or on the site that is not part of the public html layer. You agree not to directly or indirectly provide or create an unreasonably or disproportionate load on the Websites. You will not use the Websites manually or electronically, directly or indirectly, for your own purposes or for a third party, to gain access or information about any other User of the Websites or member of the Association. You agree not to take any action manually or electronically, directly or indirectly, for your own purposes or for a third party, to interfere with the normal operation of our Websites or of another User's operation of our Websites.

Privacy

Please read the Website privacy policy , which is hereby incorporated by reference into these Terms of Use.

Notice for Claims of Intellectual Property or Copyright Infringement; Agent for Notice of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Association with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

  3. a description of where the material that you claim is infringing is located on the site;

  4. your address, telephone number, and email address;

  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

For any claims of intellectual property or copyright infringement, contact the Association’s Executive Director at waterman@esdprofessionals.org.

Not Medical Advice

Nothing on our Websites should be construed as giving medical advice or establishing a patient-client privileged relationship.

Laws, Rules, and Regulations

The User agrees to follow all applicable laws, regulations, statutes, and ordinances in using our Websites.

Waiver

No failure to exercise a right or privilege by the Association shall be deemed a waiver of such right or privilege.

No Third-Party Beneficiaries

Nothing in this Agreement shall confer any rights to any party other than the Association and the User.

Complete Agreement

This Agreement represents the entire understanding of the parties and any and all other communications are superseded.