1) Introduction

Welcome to the website of the ASME ISHOW from the American Society of Mechanical Engineers (“ASME,” “we” or “us”), located at www.thisishardware.org (“Our Site”), Except as set forth in the next paragraph, these Terms of Use (“Terms”), which include our Privacy and Security Statement, govern your use of Our Site. Please read these Terms carefully, because by visiting or using Our Site, you agree to be legally bound by and comply with them. If you do not agree to these Terms, you are not authorized to use Our Site. Certain portions of Our Site are accessible only to registered users who affirmatively agree to these Terms by clicking “I AGREE” on the registration page. For those areas of Our Site, if you do not wish to comply, please click the “I DISAGREE” button and the registration process will be cancelled and you will not be permitted to access and use those portions of Our Site.

These Terms do not apply to websites not directly operated by ASME, including : (i) web sites operated by individual ASME sections, subsections, groups, student sections, divisions, subdivisions, boards, committees, districts and other ASME-related groups for the benefit of their members or participants; (ii) web sites operated by individual ASME members (“Members”); (iii) web sites operated by ASME affiliates; (iv) the websites of those who sponsor portions of Our Site (“Sponsors”); or (v) any third-party web sites referred to or linked to on Our Site. You should review those sites’ terms of use before using them.

Please check these Terms regularly, because we may modify them from time to time. We will notify you of a material change to these Terms in a manner commensurate with the nature of the change. Your continued use of Our Site after we have posted amended Terms constitutes your consent to the amended Terms. If you have questions about these Terms, please feel free to contact us by sending an email to info@thisishardware.org. .

2) Privacy and Security Statement

Please review our Privacy and Security Statement, which is a part of these Terms and describes what information we collect when you visit Our Site, how we collect it, how we use it and the steps we take to protect it.

3) Persons Under Age 18

Only persons aged 18 years and older may use Our Site. By continuing to use Our Site after consenting to these Terms, you represent that you are at least 18 years old.

4) ASME Content

All content on Our Site is owned by ASME or a third party and is protected by United States and international copyright laws. Except as explicitly permitted by these Terms, you may not copy, modify, creative derivative works of, distribute, publicly perform or display, or otherwise exploit any content on Our Site, or any computer code or programs, in whole or in part, without our prior written consent (or the consent of the author of that content, if applicable) in each case, which may be granted or withheld in our sole discretion. To request permission from ASME, please contact us at info@thisishardware.org.

We may make audio and video files (for example, podcasts) available for download on Our Site. You may download these audio and video files, but you may use them solely for your personal use or research in connection with non-commercial activities. In addition, you may copy and distribute only a small portion of other copyrighted ASME works contained on Our Site, but solely for your personal use or research in connection with non-commercial activities.

If you download or print text, images, video or audio files, or any other content from Our Site, you must include all trademark, copyright and other proprietary rights notices in the same form in which the notices appear on Our Site or in the files. You may not modify or alter the proprietary notices in any way. In addition, unless we indicate otherwise, you may not alter or modify any of the content that you download or print from Our Site. You may not use any content from Our Site in a manner that attributes a false or misleading statement to ASME or any third parties.

5) Accounts

Certain portions of Our Site allow you to create an account (“Account”).

You are responsible for maintaining the confidentiality of the log-in information and password associated with your Account and for all activity under your Account. You may not transfer or permit the use of your Account by others. You must notify ASME immediately if you become aware that anyone has gained unauthorized access to your Account. You represent, warrant and covenant that (i) all information you provide in connection with your Account is accurate and complete; (ii) you will update your Account as necessary to keep it accurate and complete; (iii) you will not use or attempt to use your Account to pass yourself off as any other party; (iv) you are using Our Site on your own behalf and not on behalf of any other party; and (v) you have and will maintain all permissions and approvals needed from other parties for you to use Our Site and to comply with these Terms.

ASME reserves the right in its sole discretion to suspend or terminate your Account or to restrict access to Our Site at any time if it suspects that you have not complied with these Terms, or for other reasons that ASME determines in good faith are necessary or appropriate, including if ASME suspects you are using or attempting to use Our Site in any way that violates applicable laws or regulations. ASME is not liable to you for any loss or damage that may result from its refusal to provide you access to Our Site or any portion of it.

6) Posting User Content

Our Site contains social networking features, discussion forums and other features that allow users (“Users”) to submit and share text, commentary, messages, information, documents, images, questions, links, and other material (all together, “User Content”).

User Content should relate to ASME’s purposes, which are described in our Articles of Incorporation and Constitution as follows:

1. promoting the art, science and practice of mechanical engineering and the allied arts and sciences;
2. encouraging original research;
3. fostering engineering education;
4. advancing engineering standards;
5. promoting information exchanges among engineers and others;
6. broadening the usefulness of the engineering profession in cooperation with other engineering and technical societies, and promoting a high level of ethical practice.

Some Users volunteer their experience and information to other Users as facilitators (“Facilitators”). For example, Facilitators may assist by contributing material or answering questions for other Users. Facilitators may identify themselves as being affiliated with ASME (e.g., because of a position they hold in an ASME section or group). However, Facilitators are not ASME’s employees or agents for any purposes whatsoever, and Users should not rely on Facilitators as agents or representatives of ASME. Each User, including each Facilitator, participates on Our Site in that User’s individual capacity, and not as a representative of ASME. If you serve as a Facilitator, you are solely responsible for all of your activities in that capacity.

7) Conduct On Our Site

When you use Our Site, you acknowledge and agree to the following: 1. You will not use Our Site (i) to send chain letters, unsolicited advertising, or any other junk or bulk mail, or (ii) for the benefit of third-party organizations, businesses, products, or services. 2. You will not impersonate or try to pass yourself off as any other person or entity. 3. You will not upload, post, email, transmit or otherwise make available any information, files, code or other materials that are unlawful, tortious, defamatory, vulgar, obscene, or libelous, or that are threatening, abusive, or harassing on the basis of an individual's (or group's) religion, gender, sexual orientation, race, ethnicity, age, disability, or any other protected characteristic. 4. You will not upload, post, email, transmit or otherwise make available any information, files, code or other materials that contain viruses or are able to disrupt or damage Our Site or ASME software, hardware or other equipment. 5. You take sole responsibility for your User Content. 6. Your User Content is non-confidential and any ideas, inventions, or know-how disclosed in them will be available to other Users (though Our Site may offer privacy controls with respect to certain User Content, as described in the Security and Privacy Statement).

8) Responsibility for User Content

User Content, including User Content contributed by Facilitators, does not necessarily reflect the views, policies or opinions of ASME, and ASME does not endorse or adopt any User Content (including any external Web sites that may be listed in any User Content) through the act of making it available on Our Site. ASME bears no responsibility for any User Content or any injury or offense it causes (regardless of whether the User Content has been approved, edited, rejected, or removed by ASME or a User). ASME has no obligation to pre-screen, monitor, edit, or delete User Content, but ASME reserves the right to do so if any User Content fails to comply with these Terms of Use or is otherwise harmful, inaccurate, or objectionable.

You take sole responsibility for all User Content you submit, and all User Content you submit must be your own. You grant ASME a non-exclusive, worldwide, royalty-free license (with the right to sublicense) to reproduce, distribute, publicly display and perform, transmit, adapt, and translate any User Content you submit, in whole or in part and in any medium now known or later developed, for the purpose of making it available on Our Site. You represent and warrant that the User Content you submit does not (i) defame any party; (ii) violate any party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary or personal right; (iii) contain any material or information furnished to you in confidence or with the understanding that it would not be disclosed or published (including, but not limited to, any confidential information related to the business of your employer, colleagues, or clients); or (iv) otherwise violate any applicable law or regulation. You additionally represent, warrant and covenant that you are under no obligation that would in any way interfere with the disclosure or use of any User Content you submit.

You submit User Content entirely at your own risk. Because ASME cannot guarantee the security or confidentiality of any User Content, you should consider all User Content you submit to be non-confidential and assume that any ideas, inventions, or know-how disclosed in it could be made available to the public. ASME is not responsible for any third party’s misuse or misappropriation of any User Content you submit through Our Site. Please refer to our Security and Privacy Statement for more information regarding ASME’s use of User Content.

ASME has no obligation to pre-screen, monitor, edit, or delete User Content, but ASME reserves the right to do so, including if any User Content do not comply with ASME’s purposes or these Terms or are otherwise harmful, inaccurate or objectionable. ASME is not responsible for any failure or delay in removing User Content that fails to comply with these Terms. For avoidance of doubt, ASME has no obligation to store, maintain or provide you a copy of any User Content.

Any complaint about copyright infringement relating to User Content may be made by following the procedures in these Terms under the heading “Notice and Procedure for Making Claims of Copyright Infringement.”

9) No Advice or Recommendations

The information on Our Site, including User Content, is made available for general informational purposes only. It should not be construed as any kind of professional advice (or substitute for it). If you need professional advice or services, you should consult a qualified person in the relevant field.

If you use the social networking features of Our Site, Our Site may include features that automatically generate suggestions regarding (i) information you might be interested in or (ii) other Users with whom you may wish to connect. These suggestions are provided for informational purposes only, and ASME does not endorse or recommend them for any purpose. You assume sole responsibility and risk for your use of this information, and you expressly release ASME from all liability arising from or relating to your use.

10) Availability of Our Site

We continually work to improve Our Site, and may change any feature, service, or tool offered through Our Site at any time. We allow you to access Our Site as it exists and is available on any given day. We may modify, replace, refuse access to, suspend or discontinue Our Site, partially or entirely, in our sole discretion. All of these changes will be effective upon their posting on our site or by direct communication to you unless otherwise noted.

11) Notice and Procedure for Making Claims of Copyright Infringement

If you believe that any material posted on Our Site infringes your copyright, then you may request the removal of those materials from Our Site in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below. A notice of infringing material ("Notice") must be sent to the agent we have designated with the Copyright Office:

John Delli Venneri

American Society of Mechanical Engineers

2 Park Avenue

New York, New York 10016

To comply with the Copyright Act, a Notice must be in writing and must include the following:

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

When we receive a Notice that complies with the Copyright Act, we will remove the identified material immediately. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter notice ("Counter Notice”) that the initial infringement notice was erroneous. To comply with the Copyright Act, the Counter Notice must be in writing and must include the following:

1. Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error; The alleged infringer’s name, address, and telephone number;
3. A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent; and
4. A physical or electronic signature of the alleged infringer.

Upon receipt of a Counter Notice that complies with the Copyright Act, we will notify the sender of the Notice of the Counter Notice and restore the material within 10 to 14 business days, unless the sender of the Notice informs us that the sender of the Notice has filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on Our Site.

12) Trademarks

ASME, the ASME logo and other ASME indicia of source used on Our Site are owned by ASME (“ASME Trademarks”). You may not use any ASME Trademark without our prior written consent. You may not use any ASME Trademark in connection with any products or services that do not belong to us, or in any manner likely to cause confusion about the source of any product or service, that implies that ASME endorses any third-party product or service, or that disparages or discredits ASME. You agree not to register any domain names containing any ASME Trademark.

If you are an official ASME unit or group, contact ASME Creative Services at 212-591-7081 for information regarding appropriate ASME Trademark use. For third-party inquiries or legal questions about the ASME Trademarks, please contact the ASME Executive Office at 212-591-7153.

13) Linking Policy; Frames, Metatags and Links

The following policies for Our Site’s link management will help to steer third-party and internal link requests. If you have any questions about linking to Our Site, please contact the ASME.org Department at 212-591-8645.

You may not frame the content of Our Site. You may not use metatags or any other “hidden text” that incorporates ASME Trademarks without our prior written consent. ASME invites companies to link to Our Site but only if the link is made in good faith and is not derogatory in nature. Any link to Our Site or any of the individual web pages contained in them should open in a new browser window. Links to Our Site should be in the form of hypertext that says "ASME" or "The American Society of Mechanical Engineers" and does not use any ASME logo or design. Please let us know if you link to Our Site by contacting us at info@thisishardware.org.

If you link to Our Site, you may not place the link on a website with content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or place the link in a manner that would imply ASME’s sponsorship, endorsements or approval of another party’s site or activities, constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any applicable law or regulation.

14) Links to Third Parties from Our Site

ASME does not link to third-party web sites or non-ASME entities as a general rule, except for content partners and Sponsors. ASME does not generally provide reciprocal linking (i.e., trading links), but there may be exceptions in the case of links to sites that are informational in nature. These sites may include travel, hotel, entertainment and historical sites in the areas where ASME business or activities take place.

We do not control other sites or their content, and you should read the privacy policies and terms of use that govern your use of other sites. The inclusion of links on Our Site, including links to the websites of our Sponsors, does not imply ASME's endorsement of that site, the organization operating the site, or any products or services offered by the operator of that site.

15) Language Translation Disclaimer

Translations of ASME web sites are done using a third-party service provider (Motionpoint, Inc.). Neither ASME nor any agency, officer, or employee of ASME warrants the accuracy, reliability, or timeliness of any information translated by this system and will not be liable for any losses caused by any reliance on the accuracy, reliability, or timeliness of the translation. While every effort is made to ensure the accuracy of the translation, portions may be incorrect. Any person or entity who relies on information obtained from the system does so at his or her own risk.

16) Email Alias Disclaimer

ASME offers its Members an email alias. The alias is a simple "store and forward" mechanism that accepts email sent to the alias name and forwards it to the Member's actual email address. Once an email alias is issued to a Member, ASME makes no guarantees about the future privacy of the alias. ASME has taken measures to protect Members from spam in the form of adding third-party spam-blocking services; however, because the software cannot guarantee complete spam blocking, Members must take sole responsibility for protecting against publication or misuse of their email aliases. Therefore, Members use the email alias service at their own risk.

17) Disclaimers of Warranties

OUR SITE AND THE SERVICES AND MATERIALS AVAILABLE THROUGH IT, INCLUDING BUT NOT LIMITED TO USER CONTENT, SOCIAL NETWORKING FEATURES, AND ASME’S EMAIL ALIAS SERVICE, ARE AVAILABLE "AS IS" AND “AS AVAILABLE.” WE DO NOT WARRANT THAT OUR SITE OR ANY OF THE SERVICES OR MATERIALS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS OR SERVICES AVAILABLE THROUGH OUR SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR NON-INFRINGEMENT OF ANY CONTENT ON OUR SITE OR SERVICES AVAILABLE THROUGH IT, INCLUDING THE SOCIAL NETWORKING FEATURES, ASME PEERLINK AND OUR ASME EMAIL ALIAS SERVICE, OR THROUGH LINKS TO OTHER WEB SITES. ASME IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATION OR WARRANTIES REGARDING THE DELIVERY OF ANY INFORMATION SUBMITTED THROUGH OUR SITES SOCIAL NETWORKING FEATURES, INCLUDING MESSAGES SENT TO OTHER USERS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SITE AND OUR SERVICES. IF YOU RELY ON OUR SITE AND ANY MATERIALS OR SERVICES AVAILABLE THROUGH IT, INCLUDING USER CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

BECAUSE ASME DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF USERS, OR TO MONITOR THE USE OF OUR SITE, IT DISCLAIMS ALL LIABILITY RELATED TO THE MISUSE OF YOUR IDENTITY OR INFORMATION. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OUR SITE AND ANY CONTENT, INFORMATION, GOODS OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER MALICIOUS CODE TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE, OR SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH OUR SITE, ARE FREE FROM DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THOSE FEATURES.

18) Limitation of Liability

ASME AND ITS OFFICERS, GOVERNORS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “ASME ENTITIES”) ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY ARISING OUR OF OR RELATING TO (i) ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN OUR SITE (ii) ANY SERVICES OR MATERIALS AVAILABLE THROUGH OUR SITE, (iii) ANY CONDUCT OF ANY THIRD PARTIES ON OUR SITE, INCLUDING USERS AND FACILITATORS, OR (iv) YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL THE ASME ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING FOR LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA (EVEN IF THE ASME ENTITIES HAVE BEEN MADE AWARE OF THE POSSIBILITY OF THOSE DAMAGES), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF OUR SITE, (B) YOUR USE OF SERVICES AVAILABLE THROUGH OUR SITE, OR (C) THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

19) Indemnification

You agree to indemnify the ASME Entities against all liabilities, losses, damages and costs (including reasonable attorneys' fees and court costs) that the ASME Entities may incur based on claims arising out of (i) your violation of these Terms, (ii) any allegation that any materials that you make available through Our Site infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (iii) your violation of any rights of any User, ASME Member, customer, or any other third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.

20) Termination

We reserve the right to deny you access to Our Site and to terminate these Terms at any time without notice for any reason, including your violation of these Terms. The following provisions of these Terms survive any termination: limitations of liability, governing law, jurisdiction and venue, the restrictions imposed on you with respect to material you download or print from Our Site, the provisions related to User Content, warranties, indemnification, and any other provision that by its terms contemplates survival.

21) General

1. (A) These Terms (including the incorporated Privacy and Security Statement) constitute the entire agreement between you and ASME relating to its subject matter and, except as otherwise provided in this these Terms, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and ASME relating to that subject matter.
2. (B) These Terms are governed by the laws of the State of New York applicable to agreements made and completely performed there, unless doing so would lead to the applicable of the laws of another jurisdiction. You irrevocably agree to bring any claim or dispute relating to or arising from your use of Our Site and these Terms exclusively in the state and federal courts located in the State and County of New York, to submit to the exclusive personal jurisdiction of those courts, and to waive any objections (including those based on convenience) to those courts.
3. (C) If a court determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law.
4. (D) You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent, and any conduct that violates any part of this provision is null and void.
5. (E) No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
6. (F) Any heading, caption or section title contained in these Terms is used as a matter of convenience, and is not intended to govern, limit, modify or in any other manner affect the scope, meaning, or intent of any provision of these Terms, nor should they otherwise be given any legal effect.

Please email us at info@thisishardware.org with any questions you may have about these Terms, including our Security and Privacy Statement.