Terms of Use Agreement

Last updated: May 1, 2018

See also: Privacy Statement and Copyright Notice and Disclaimer

Agreement Between National Student Speech Language Hearing Association and User

This is a binding agreement (“Agreement”) between the National Student Speech Language Hearing Association (“NSSLHA”) and you, the user (“You” or “Your”) and governs Your use of all portions of www.nsslha.org (“NSSLHA’s Website”), and any associated material or functionality contained on NSSLHA’s Website. NSSLHA’s Website is offered to You conditioned on Your acceptance, without modification, of the terms and conditions contained herein. By using NSSLHA’s Website, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.

Modification of These Terms of Use

NSSLHA reserves the right to change the terms and conditions of this Agreement from time to time, as deemed appropriate. Such changes, modifications, additions, or deletions shall be effective immediately upon posting unless otherwise indicated. NSSLHA has no duty or obligation to inform prior users of NSSLHA’s Website that changes have been made, regardless of the scope and importance of the changes. You are responsible for regularly reviewing these terms and conditions. Your non-termination or continued use of NSSLHA’s Website after changes are posted constitutes Your acceptance of this Agreement as modified by the posted changes. NSSLHA may change, restrict access to, suspend, or discontinue NSSLHA’s Website, or any portion of NSSLHA’s Website, at any time.

No Professional Advice

The information and materials available through NSSLHA’s Website are for informational and educational purposes only and are not a substitute for the professional judgment of legal, financial, or health care professionals. The medical, scientific, legal, reimbursement, and general information included on NSSLHA’s Website may reflect innovations and opinions not universally shared and does not necessarily reflect the view of NSSLHA. Your use of NSSLHA’s Website does not create an attorney-client or doctor-patient relationship between you and NSSLHA or between you and any of NSSLHA’s employees or representatives.

USE OF THE INFORMATION CONTAINED ON NSSLHA’s WEBSITE REQUIRES THE INVOLVEMENT OF TRAINED INDIVIDUALS AND YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH NSSLHA’s WEBSITE OR FROM NSSLHA’s STAFF IS SOLELY AT YOUR OWN RISK. NSSLHA HAS NO CONTROL OR RESPONSIBILITY FOR YOUR USE OF THE INFORMATION OR MATERIALS PROVIDED ON NSSLHA’s WEBSITE AND HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH SUCH INFORMATION MAY BE USED BY YOU. THE PARTIES AGREE THAT NSSLHA IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND NSSLHA DOES NOT PROVIDE LEGAL ADVICE. YOUR USE OF THE INFORMATION PROVIDED ON NSSLHA’s WEBSITE IS NOT A SUBSTITUTE FOR LEGAL ADVICE OR PROFESSIONAL MEDICAL JUDGMENT.

Privacy Statement

NSSLHA will operate NSSLHA’s Website in accordance with its Privacy Statement, which is incorporated into this Agreement by this reference. BY CONSENTING TO THIS TERMS OF USE AGREEMENT FOR NSSLHA’s WEBSITE, YOU CONSENT TO THIS PRIVACY STATEMENT.

Usage of NSSLHA’s Website

You represent and warrant to NSSLHA that You will not use NSSLHA’s Website (i) for any unlawful purpose or in any manner prohibited by this Agreement, or (ii) in any manner which could damage, disable, overburden or impair NSSLHA’s Website or interfere with any other party’s use and enjoyment of NSSLHA’s Website.

You agree that when using NSSLHA’s Website, You will not:

  • Violate any applicable laws or regulations;
  • Send, publish, post, upload, distribute, or disseminate any information that may violate antitrust law, including without limitation past, current, or future fees; fee discounts provided; terms of credit; price and pricing information; inventories; commission information; profit information, including what is a reasonable or fair profit margin;
  • Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as NSSLHA’s logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;
  • Falsify or delete author attributions, legal, or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from NSSLHA’s Website;
  • Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;
  • Harass, abuse, threaten or otherwise violate any legal rights of others;
  • Attack, ridicule, denounce, impugn a person’s character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation;
  • Upload viruses, corrupted files, or any other software or information that may damage the operation of another’s computer or network;
  • Use NSSLHA’s Website for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;
  • Use NSSLHA’s Website to forward chain letters;
  • Violate any of NSSLHA’s policies, guidelines, or other codes of conduct which are applicable to NSSLHA’s Website or in particular to one of NSSLHA’s Web Services;
  • Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of NSSLHA;
  • Frame, squeeze back, overlay or employ other techniques to enclose or display the NSSLHA Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the NSSLHA Website, with any other software or content of a third party;
  • Use any meta tags or any other “hidden text” utilizing the names or trademarks of NSSLHA without its prior written consent;
  • Access, monitor, or copy any content or information of NSSLHA’s Website using any “robot,” “spider,” “deep link,” “scraper,” or other automated means, methodology, algorithm, or device, or any manual process for any purpose; or
  • Violate any of NSSLHA’s policies, guidelines, or other codes of conduct.

NSSLHA has no obligation to screen or monitor NSSLHA’s Website; however, NSSLHA reserves the right to review information or materials posted to NSSLHA’s Website, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of NSSLHA’s Website. NSSLHA reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit, or to remove any information or materials from NSSLHA’s Website, including without limitation any information or materials posted through use of NSSLHA’s Website, regardless of whether such material does or does not violate this Agreement or any of NSSLHA’s policies, guidelines, or other codes of conduct which are applicable to NSSLHA’s Website or in particular to one of NSSLHA’s Web Services.

NSSLHA DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES, OR INFORMATION FOUND IN ANY PORTION OF NSSLHA’s WEBSITE, AND NSSLHA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO NSSLHA’s WEBSITE. NSSLHA DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON NSSLHA’s WEBSITE UNLESS IT IS PROVIDED BY AN AUTHORIZED NSSLHA SPOKESPERSON. ANY STATEMENTS MADE ON NSSLHA’s WEBSITE REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND YOUR RELIANCE ON ANY SUCH CONTENT IS AT YOUR OWN RISK. NSSLHA’s WEBSITE WILL BE MANAGED BY NSSLHA STAFF, WHO ARE NOT AUTHORIZED NSSLHA SPOKESPERSONS, AND THEIR VIEWS OR ACTIONS IN MANAGING OR HOSTING NSSLHA’s WEBSITE DO NOT NECESSARILY REFLECT THOSE OF NSSLHA.

The Members Only portion of ASHA’s Website (“Members Only Site”) will be accessible from the NSSLHA Website and only to dues paying members of NSSLHA (“Members”). The Members Only Site is governed by the terms and conditions contained in the ASHA Terms of Use.

Copyright and Trademark Ownership, Notices and Infringement

Copyrights

All contents Copyright ©2004-2018 NSSLHA. All rights reserved.

NSSLHA’s Website and the content displayed on NSSLHA’s Website and all software, data, and information used to provide NSSLHA’s Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to NSSLHA, its affiliate and licensees and are protected by the copyright laws of the United States and other countries. The compilation of the content on NSSLHA’s Website is the exclusive property of NSSLHA and is protected by the copyright laws of the United States and other countries.

NSSLHA does not claim ownership of the individual materials or information You may provide to NSSLHA, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions (collectively, a “Submission”) to NSSLHA’s Website. However, if You provide a Submission, You: Represent and warrant that You own or otherwise control all of the rights to Your Submission including, without limitation, all the rights necessary for You to provide, post, upload, input, or submit the Submission and license or sublicense the Submission; and Grant NSSLHA, its affiliated entities and necessary sub-licensees a nonexclusive, irrevocable, worldwide, sub-licenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein), including without limitation the rights to publish Your name in connection with Your Submission. NSSLHA will not pay You compensation with respect to the use of Your Submission.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from NSSLHA’s Website, without the prior written permission of NSSLHA. Please refer to the copyright statement for further information and for details on requesting permission to reuse our content.

NSSLHA grants You the limited and nonexclusive right and license to access or download content from NSSLHA’s Website solely for Your personal and non-commercial use and as necessary in connection with the use of any services available through NSSLHA’s Website. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use NSSLHA’s Website or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to NSSLHA and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from NSSLHA’s Website as authorized hereunder.

Any rights not expressly granted herein are reserved.

Repeat Infringer Policy and Copyright Complaints

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law NSSLHA has adopted a policy of terminating, in appropriate circumstances and in NSSLHA’s sole discretion, accounts deemed to be repeat infringers. NSSLHA may also, in its sole discretion, limit access to NSSLHA’s Website and/or terminate any account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement. If you believe that any user of NSSLHA’s Website or any account holder has engaged in repeat infringement of your copyrighted materials on or in connection with NSSLHA’s Website, you may provide our designated agent with information about your allegations of repeat infringement.

If you believe in good-faith that anything on NSSLHA’s Website infringes any copyright that you own or control, you may file a written notification of alleged copyright infringement with our designated agent that contains the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
  • 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 NSSLHA to locate the material;
  • Information reasonably sufficient to permit NSSLHA to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has 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
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The alleged infringer may provide our designated agent with a proper counter-notification. To be effective, the counter-notification must be a written communication that includes the following information:

  • The counter-notifying party’s physical or electronic signature;
  • Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
  • A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of a Federal District Court for the District of Maryland; and
  • A statement that the counter-notifying party will accept service of process from the person who provided NSSLHA with notification or an agent of such a person.

Notifications and counter-notifications may be sent to our designated agent, Arlene A. Pietranton, PhD, CAE, at the following address: webmaster@asha.org.

If you would prefer to mail your notification or counter-notification to our designated agent, you may use the following address:

Arlene A. Pietranton
2200 Research Boulevard #200
Rockville, MD 20850-3289

Links to Third Party Websites

NSSLHA’s Website may contain links to third party websites. The third-party websites are not under the control of NSSLHA, and NSSLHA is not responsible for the contents of any third-party websites, and the inclusion of any link is as a convenience and does not imply endorsement by NSSLHA of the sites or any association or relationship with its operators. Your use of third-party websites and any purchases of products or services from such third-party websites are subject to the terms and conditions of such third-party websites. You agree that you will bring no suit or claim against NSSLHA arising from or based upon any such use of third-party websites, including, without limitation, websites that we link to from NSSLHA’s Website.

Termination

NSSLHA reserves the right in its sole discretion to terminate Your access to all or a portion of NSSLHA’s Website at any time without notice for any reason whatsoever.

Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.

General Disclaimers, Exclusion of Damages, and Limitation of Liability

The information, software, products and services included in or available through NSSLHA’s Website may include inaccuracies or typographical errors. Changes are periodically made to the information herein. NSSLHA may make improvements or changes to NSSLHA’s Website at any time. Advice received via NSSLHA’s Website should not be relied upon for personal, medical, legal or financial decisions, and you should consult an appropriate professional for specific advice.

NSSLHA makes no representations about NSSLHA’s Website, including, without limitation, NSSLHA’s Website’s suitability, reliability, availability, timeliness, and accuracy of the information, materials, software, products, services and graphics found on or through NSSLHA’s Website.

NSSLHA PROVIDES NSSLHA’S WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NSSLHA DISCLAIMS ALL WARRANTIES WITH REGARD TO NSSLHA’S WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS FOUND ON OR THROUGH NSSLHA’S WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.

FURTHER, NSSLHA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF NSSLHA’S WEBSITE OR FOR INFORMATION AND OPINIONS RECEIVED VIA NSSLHA’S WEBSITE, WHICH SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, OR LEGAL DECISIONS. NSSLHA SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON NSSLHA’S WEBSITE.

Your sole and exclusive remedy if you are dissatisfied with any portion of NSSLHA’s Website is to discontinue using NSSLHA’s Website.

IN NO EVENT AND UNDER NO CIRCUMSTANCES WHATSOEVER SHALL NSSLHA BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF NSSLHA’S WEBSITE; THE DELAY OR INABILITY TO USE NSSLHA’S WEBSITE; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES; ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH NSSLHA’S WEBSITE, INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH NSSLHA’S WEBSITE; OR SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF NSSLHA’S WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NSSLHA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN NO EVENT SHALL NSSLHA BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH NSSLHA’S WEBSITE, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT NSSLHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.

Indemnity

You agree to indemnify NSSLHA from and against any and all liabilities, expenses (including without limitation attorneys’ fees) and damages arising out of claims based upon your use of NSSLHA’s Website, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, and the infringement of intellectual property rights or other rights. NSSLHA will notify you of any claim for which NSSLHA seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to NSSLHA’s interests, as reasonably determined by NSSLHA at its sole discretion.

Governing Law

This Agreement is governed by the laws of the State of Maryland, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Maryland, in all disputes arising out of or relating to the use of NSSLHA’s Website. Use of NSSLHA’s Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

No Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between You and NSSLHA as a result of this Agreement or use of NSSLHA’s Website.

Construction

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

Entire Agreement

Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and NSSLHA with respect to NSSLHA’s Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and NSSLHA with respect to NSSLHA’s Website.

Notices

Notices given by NSSLHA to You will be given by a general posting on NSSLHA’s Website or by an email, if an email address is available. Notices given by NSSLHA to Members may also be given by conventional mail. Notices to NSSLHA must be sent by conventional mail to:

NSSLHA
2200 Research Boulevard #322
Rockville, MD 20850

Assignment

NSSLHA may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of NSSLHA.

Captions and Headings

Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.

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