Description of Service. The ASN webcast portal (ondemand.nutrition.org) is a hosted site offering recorded meeting content for streaming use to users at a fee. The ASN (American Society for Nutrition) reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. An executed login constitutes a binding agreement between you and ASN.
Personal Use. The ASN webcast portal is made available to you for your personal use only. ALL SESSION CONTENT IS MADE AVAILABLE FOR USE BY INDIVIDUALS AND/OR FACILITY USE CONSISTING OF NO MORE THAN FIVE (5) INDIVIDUALS EMPLOYED BY YOUR ORGANIZATION. Unauthorized sharing of the ASN webcast portal content via Internet access through the sharing of usernames and passwords is restricted by law and may subject the copyright infringer to substantial civil damages. The ASN reserves the right to refuse service to anyone at any time without notice for any reason. You agree not to sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report, or otherwise use the ASN content in any way for any public or commercial purpose. Except as specifically agreed to by the parties in writing, you may not distribute, license, transfer or assign the ASN content to any third party.
Proper Use. The ASN reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred.
The ASN and Capital Reach Intellectual Property Rights. You acknowledge that the ASN owns all right, title and interest in and to the Service content, including without limitation all intellectual property rights (the "ASN Rights") specific to content, and such ASN Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. The Capital Reach Rights include rights to (i) the Service developed and provided by Capital Reach; and (ii) all software associated with the Service.
Disclaimers. ASN content and programs and services are provided on an "as is" and "as available" basis, with all faults. Neither the ASN nor any person associated with the ASN makes any warranty or representation with respect to the quality, accuracy or availability of the ASN programs or programs and services. Except as expressly stated herein, the ASN disclaims all warranties, conditions, representations, indemnities and guarantees with respect to the ASN programs and programs and services, all components thereof whether express or implied, arising by law, custom or prior oral or written statements made by the ASN, its representatives, third parties or otherwise, including but not limited to, the warranties or merchantability and fitness for a particular purpose. Further, the warranties stated above will not apply to the extent that there has been (A) use of the ASN programs in a manner for which it was not intended; or (B) modification of the ASN programs by anyone other than the ASN. The ASN and Capital Reach do not warrant uninterrupted or error-free operation of the ASN programs, that the ASN and Capital Reach will correct all defects or that installation or operation of the ASN programs will not affect other software of systems of the user.
Limitation of Liability. Except with respect to obligations under the indemnification section of this agreement, neither party will be liable for any consequential, exemplary, incidental, indirect, or special damages or costs including, but not limited to, lost profits or loss of goodwill, resulting from any claim or cause of action based upon breach of warranty, breach of contract, negligence, strict liability, product liability, or any other legal theory, even if advised or should have known of the possibility thereof. Each party's maximum liability for direct damages is limited to the total fees paid and payable to the ASN under this agreement during the then current term during which the incident that gave rise to the claim occurred.
Failure to accept this Agreement will result in termination of access to the ASN's webcast portal. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.