By accessing or using any the American Society of Consulting Arborists ("ASCA") Internet site containing the URL: http://asca-consultants.org/, you agree to comply with these Terms of Use ("Terms of Use") Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you must immediately terminate use of the Website.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the ASCA Website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the ASCA Website and the ASCA Content (as defined below, Section 9) solely for your noncommercial personal use. ASCA reserves the right to bar, restrict or suspend any user's access to the ASCA Website, and/or to terminate this license at any time for any reason.
   
   
2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive ASCA’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the ASCA Website, any ASCA Content (as defined below, Section 9), or any portion thereof. Further, you may not (i) use the ASCA Website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the ASCA Website, including ASCA Content; (ii) interfere with the proper working of the ASCA Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the ASCA Website.
   
   
3. Your Acceptance; Revisions to Terms of Use. The ASCA Website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the regarding your use and access to the ASCA Website. By using the Website you agree to the Terms of Use.
   
   Your use of the ASCA Website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the ASCA Website. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 21, shall apply to a controversy or claim of which ASCA had actual notice on or before the date of any such revision.
   
   
4. ASCA Policies; Additional Terms and Conditions. ASCA may hereafter promulgate other additional terms and conditions applicable to certain portions of the ASCA Website, which shall automatically be incorporated herein by reference.
   
   
5. Click-Through Agreements. Before using certain areas of the ASCA Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
   
   
6. Personal Login Information. Certain features and areas of the ASCA Website are available only with registration, login. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. ASCA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must ASCA immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
   
   
7. User Obligations. You warrant that you will abide by, all applicable local, state, national and international laws and regulations with respect to your use of the ASCA Website and not interfere with the use and enjoyment of the ASCA Website by other users or with operation and management of the ASCA Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the ASCA Website, including, without limitation, information required to be provided through an ASCA Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted, ASCA reserves the right to terminate your access and use of the ASCA Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the ASCA Website, or defame or otherwise harm any party, including, through your use of the ASCA Website.
   
   
8. Proprietary Rights. The content of the ASCA Website includes, without limitation, (i) ASCA’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "ASCA Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the ASCA Website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "ASCA Content"). ASCA Content is the property of ASCA’S, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any ASCA Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. For reprints, contact ASCA here. Any use of the ASCA Marks without ASCA’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the ASCA Content, including any such notices appearing on any ASCA Content you are permitted to download, transmit, display, print, or reproduce from the ASCA Website.
   
   
9. Responsibility for Use of the Internet and Website and Exclusion of Liability. Use of the Internet and the ASCA Website is solely at your risk and is subject to, all applicable local, state, national and international laws and regulations. Unless expressly required by law, ASCA does not guarantee the confidentiality or security of any communication or other material transmitted to or from the ASCA Website over the Internet or other communication network. ASCA shall not be obligated to correct or update the ASCA Website or the ASCA Content and shall not be liable for omissions, typographical errors, or out-of-date information that may appear on the ASCA Website.
   
   
10. No Legal Advice and Disclaimer as to Accuracy of Information. The information on the ASCA Website and ASCA Content are for informational purposes only. The information contained in the ASCA Website and ASCA Content may or may not reflect the most current legal developments; accordingly, information on the ASCA Website is not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the ASCA Website or the ASCA Content should be used as a substitute for advice of competent counsel. The materials on the ASCA Website and ASCA Content do not constitute legal advice and do not necessarily reflect the opinions of ASCA’S.
    
    
11. Third Party Information. The ASCA Website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the ASCA Website are those of the respective third party and not of ASCA or its affiliates. ASCA makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
    
    
12. Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement. The respects the intellectual property of others, and, particularly as to user generated content in comments and on discussion boards, as applicable, we ask our users to do the same. 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 ASCA’s Copyright Agent 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.
       
       The ASCA's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
       
       American Society of Consulting Arborists (ASCA)
       Attn: Thérèse Oetgen Clemens, CAE, Executive Director
       1300 Piccard Drive, Suite LL 14
       Rockville, MD 20850
       By phone: (301) 947-0483
       By fax: (301) 990-9771
       By email: bpalys@mgmtsol.com
       
       
13. Links to Third Party Website. The ASCA Website may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which ASCA exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the ASCA Website, you do so entirely at your own risk.
    
    
14. Links to Website, Content, Sharing of Content. Links posted by third parties to the ASCA Website and/or ASCA Content may not use the ASCA trademark or logo and shall not suggest that ASCA promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Website, content, or information. Any links to any portion of the ASCA Website shall be the responsibility of the linking party. ASCA reserves the right to require any linking party to disable or remove any link that violates ASCA’s policies, rights or causes interruption or deterioration of ASCA Content.
    
    You may download or copy ASCA Content and other downloadable items displayed on the ASCA Website for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any ASCA Content for other than personal use is expressly prohibited without prior written permission from ASCA’S, or the copyright holder identified in the copyright notice contained in the ASCA Content.
    
    
15. Warranties Disclaimed. THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER ASCA’S, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "ASCA PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE ASCA WEBSITE OR ASCA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE ASCA WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ASCA WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) ASCA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE ASCA WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
    
    
16. Exclusion of and Limitation of Liability. THE ASCA PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE ASCA WEBSITE AND/OR ANY ASCA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE ASCA WEBSITE AND/OR ASCA CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE ASCA WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ASCA WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ASCA WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE ASCA WEBSITE ARISING OUT OF CAUSES BEYOND ASCA’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE ASCA CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE ASCA WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITE; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE ASCA WEBSITE OR ASCA CONTENT.
    
    IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE ASCA WEBSITE AND/OR THE ASCA CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE ASCA WEBSITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.
    
    
17. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND 'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    
    
18. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the ASCA Parties from and against all claims arising from or in any way related to your use of the ASCA Website and/or ASCA Content, a violation by you of these Terms of Use, or any other actions connected with your use of the ASCA Website and/or ASCA Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. ASCA will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the ASCA Parties other than under this Section.
    
    
19. Term and Termination. These Terms of Use will take effect at the time you begin using the ASCA Website. ASCA reserves the right, with or without notice, at any time and for any reason to deny you access to the ASCA Website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the ASCA Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the ASCA Website, including any ASCA Content, in your possession.
    
    
20. Arbitration; Venue. Any controversy or claim ("Claim") you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Washington, D.C. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator's award shall be final and binding. The courts of the State of Maryland and/or the United States District Court for the District of Maryland shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. ASCA reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
    
    Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision's restriction on your right to participate in or pursue a class-based lawsuit or arbitration shall be brought only in the United States District Court for the District of Maryland or any State of court located in Montgomery County, Maryland.
    
    
21. Governing Law. These Terms of Use and all matters regarding your use of the ASCA Website shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Maryland, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
    
    
22. Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
    
    
23. Complete Agreement. These Terms of Use, together with any revisions. Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and ASCA relating to the ASCA Website and its use by you, and supersedes any previous written or oral communication regarding use of the ASCA Website. The ASCA Website is intended to be consistent with and in furtherance of policies adopted by the ASCA Board of Directors.
    
    
24. Contact Information. If you have any questions or concerns regarding these Terms of Use or the ASCA Website, please visit our "Contact Us" page.
    
    
25. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the ASCA Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
    
    
26. Use of Website and Content outside of the United States. ASCA makes no claims regarding access or use of the ASCA Website or the ASCA Content outside of the United States. If you use or access the ASCA Website or the ASCA Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
    
    
27. Privacy Policy. For information about ASCA’s data protection practices and ASCA’s use and protection of your personal information, please read ASCA’s Privacy Policy, which is incorporated into and made a part of these Terms of Use. Issued August 27, 2014.