TERMS OF USE AGREEMENT 

Date of Last revision: March 19, 2008 

Welcome Statement

      The American Society of Interior Designers, Inc. (“ASID”) is proud to provide “ASID Connex,” a private online social networking service for ASID members.  Through ASID Connex, ASID members can share knowledge and network with other members who share similar interests anywhere at any time.   

PLEASE READ THIS AGREEMENT AND THE PRIVACY POLICY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  THIS AGREEMENT ALSO INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW AND WHERE DISPUTES MAY BE RESOLVED. 

Terms of Use

      In order to use ASID Connex, you must read and accept all of the terms and conditions of this Agreement and the Privacy Policy.  Should there ever be a conflict between the Privacy Policy and this Agreement, then this Agreement shall control.  By using the ASID Connex services, you agree to be bound by this Agreement and the Privacy Policy.  ASID will only authorize you to use the ASID Connex services if you agree to comply with all applicable laws and the current terms of this Agreement. 

      ASID expressly reserves the right to modify this Agreement at any time and that modification will be effective upon publication on the ASID Connex website.  Users are obligated to regularly check this website for any changes to this Agreement and to become familiar with such changes.  Your continued use of the ASID Connex service after ASID publishes a revised Agreement will constitute your acceptance of the revised Agreement.  You may request a copy of the current Agreement at any time by sending an e-mail to, with the subject line: “Terms of Use Agreement.” 

ASID Control of ASID Connex Services

      You acknowledge that ASID has created the ASID Connex service to allow ASID members to interact concerning topics and content selected by users, and that users can alter the information presented on ASID Connex at any time.  ASID does not generally regulate the content of communications between users, nor does ASID generally regulate or monitor user discussions or postings.  ASID, therefore, has very little control, if any, concerning the quality, truthfulness, legality or accuracy of any user content. 

User Eligibility

      Membership in ASID Connex is void where prohibited.  ASID does not make available the ASID Connex service to any minors under the age of 18 or to any users suspended or removed from the system by ASID for any reason.  Users may not have more than one account. 
 
 

Registration Data and Account Security

      By using the ASID Connex service, you agree to provide accurate, current and complete information about yourself as may be required by the registration forms on ASID Connex.  You agree to maintain the security of your password and any other identification material, and agree to be fully responsible for all usage of your account. 

Trademarks

      The ASID logo and ASID Connex mark (collectively “Marks”) are registered trademarks, trademarks, or trade dress of ASID in the United States and/or other countries.  ASID does not give permission to use the Marks in connection with any product or service.  The Marks may not be copied, imitated or used, in whole or in part without ASID’s prior express written consent. 

User Conduct

      You agree that you shall not: (i) transmit, post, upload or e-mail any content that infringes upon or violates any third-party’s rights, including but not limited to, intellectual property rights and/or proprietary information; (ii) impersonate any person or entity without their consent including but not limited to your employment or affiliation with any person; (iii) transmit, post, upload or e-mail any content that, as determined by ASID in its sole discretion, is harmful, harassing, threatening, hateful, defamatory, libelous, obscene, hateful, invasive of another’s privacy or otherwise objectionable; (iv) transmit, post, upload or e-mail any viruses, spyware, worms, robots, or other computer code, files or programs intended to interrupt, destroy or limit the functionality of any computer system, data, or personal information; (v) transmit, post, upload or e-mail any unsolicited or unauthorized advertising or promotional materials which, as determined by ASID in its sole discretion, could be construed to be in the nature of “junk mail,” “spam,” or “pyramid schemes;” (vi) attempt to gain access to any other user’s password or account; (vii) attempt to abuse, harass or stalk any other user; or (viii) attempt to disrupt or interfere with the ASID Connex service, servers or network. 

User Disputes

      You are responsible for your interactions with other users of ASID Connex.  Although ASID reserves the right to monitor disputes between you and other ASID Connex users, you acknowledge that ASID has no obligation to do so.  In the event that ASID elects to resolve any user dispute: (i) that does not create an obligation on the part of ASID to resolve any other dispute; (ii) ASID will resolve such dispute in good faith based upon the general standards of the ASID Connex service and without regard to legal issues or claims; (iii) you agree that such resolution by ASID will be final and binding; and, (iv) you hereby release ASID (and its officers, directors, shareholders, employees and agents) from all claims, demands or damages, (actual and consequential) of every kind and nature, known or unknown, disclosed or undisclosed, arising out of or in any way connected to ASID’s resolution of such disputes. 

Copyright Policy and User Rights

      ASID respects the intellectual property of others, and therefore ASID asks that users posting content on the ASID Connex service do the same.  ASID may, in appropriate circumstances, bar from the ASID Connex service any user who infringes the intellectual property rights of others.  By using ASID Connex, you acknowledge that: (i) you may have access to content provided by other users, and (ii) content may be provided under license by independent content providers, including contributions from other users.  ASID does not screen content submitted or posted by ASID Connex users.  You acknowledge that ASID and/or other users have rights in their respective content, including but not limited to copyright and other applicable laws and treaty provisions, and that such rights are not licensed, waived, or otherwise transferred by the use of or posting to ASID Connex.  By using and/or posting to ASID Connex, you accept full liability and responsibility for your use of any content in violation of such rights.  You further agree that your posting or submission of any content is not based on any expectation of compensation from ASID or any other users. 

Infringement Complaints

      ASID prohibits users from uploading, posting or otherwise transmitting any content that violates another party’s intellectual property rights or proprietary information.  If you believe that there has been an infringement or violation of your work, please send an e-mail to ASID’s Copyright Agent,.  ASID reserves the right to identify and remove any infringing materials in accordance with the Digital Millennium Copyright Act (“DMCA”) and you agree to comply with such process if you are involved in any claim of infringement to which the DMCA is applicable. 

Termination

      This Agreement shall remain in effect until terminated by you or ASID.  Upon your written request sent by e-mail to Connex@asid.org, ASID will terminate your ASID Connex account and public profile by disabling your password and username.  ASID reserves the right to terminate your access to ASID Connex with or without cause and without prior notice.  You agree that ASID shall have sole discretion to terminate your access to ASID Connex and that ASID shall not be liable to you or any third-party for any termination of your account or access to the ASID Connex service.

No Warranties

      ASID makes no representation or warranty of any kind, including the warranty of merchantability, fitness for a particular purpose, reliability, accuracy, non-infringement and the like, in connection with the use of the ASID Connex service.  You expressly agree that ASID has made no representations, warranties or expressions as to the quality of services, products or information obtained by you through your use of the ASID Connex service.  ASID makes no representations that ASID Connex or sites that may be linked to it or from it are free from error.

      ASID provides the ASID Connex service on an “As Is” and “As Available” basis.  ASID makes no warranty that the ASID Connex service will be uninterrupted, timely, secure, or error-free. From time to time, the ASID Connex service may be unavailable due to maintenance or other reasons.  You agree that ASID shall not be responsible for any defect, delay in transmission, deletion, error, or interruption of user communications.  ASID shall not be responsible for any technical malfunctions or other problems with any computer system, servers, or communication provider, software or failures resulting from technical problems or Internet traffic congestion, including injury or damage to a user’s computer, or other hardware or software related to or resulting from using or downloading materials in connection with the ASID Connex service.  You further acknowledge that ASID shall not be liable for any loss or damage resulting from anyone’s use of the ASID Connex site or software posted on or through the ASID Connex and/or transmitted to users, or any interactions between users, whether online or offline. 

Limitation of Liability

      ASID shall not be liable for any direct, indirect, consequential, incidental or special damages arising out of or relating to: (i) your use of the ASID Connex service; (ii) your use of any site linked to or from the ASID Connex service; (iii) information made available to you on or through the ASID Connex or in connection with the purchase or use of any other user’s products or services. 

      YOU EXPRESSLY AGREE THAT ASID (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ASID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE ASID CONNEX SERVICE, INCLUDING WITHOUT LIMITATION, ITS TERMINATION OR SUSPENSION, YOUR ACCOUNT, OR THIS AGREEMENT.  IN NO EVENT WILL ASID’S TOTAL CUMULATIVE DAMAGES EXCEED ONE HUNDRED DOLLARS ($100.00). 

Indemnification

      By using the ASID Connex service, you agree to indemnify and otherwise hold harmless ASID, its officers, directors, shareholders, employees and agents from any direct, indirect, incidental, special, consequential or exemplary damages arising out of or relating to the ASID Connex service.  Any business transactions which may arise between users of the ASID Connex service are the sole responsibility of those concerned users. 

Governing Law

      This agreement will be governed by and interpreted in accordance with the laws of the State of New York, without regard to conflict of laws principles. 

Entire Agreement

      This User Agreement together with the Privacy Policy constitutes the entire agreement between ASID and you and governs your use of the ASID Connex service.  Any failure by ASID to exercise or enforce any right under this Agreement shall not be construed as a waiver against the exercise or enforcement of such right in the future. 

Miscellaneous

      If you have any questions about the ASID Connex service, please contact:

Michael Berens

Director of Research & Knowledge Resources

c/o ASID

608 Massachusetts Avenue, N.E.

Washington, D.C. 20002-6006

Phone: (202) 546-3480

Fax: (202) 546-3240

E-mail: asid@asid.org