Welcome to ASME Learning & Development (the “Platform”), which is operated by American Society of Mechanical Engineers (“ASME,” “we” or “us”) located at www.asme.org (“Our Site”). By using the Platform and all of the services provided therein, including, without limitation, purchasing, enrolling, and participating in a course, whether by means of an online or web-based program or an in-person classroom-based program; registering for an account; or using any other websites and applications that link to these (collectively, the “Services”) you, as an authorized user, acknowledge that you have read and understand these Terms and agree to be bound by them. These Terms, our Privacy and Security Statement (linked below) and separate terms of service or sale documents available through other sections of Our Site or made available for in-person programs or courses may apply to your use of the Platform and the Services, or to a promotion, service or product offered via the Services (“Additional Terms”). Those Additional Terms are hereby incorporated in these Terms. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Please review our Privacy and Security Statement, which is a part of these Terms and describes what information we collect when you use the Services, how we collect it, how we use it, and the steps we take to protect it.
2. PRIVACY AND SECURITY STATEMENT
Only persons aged 18 years and older may use the Services. By continuing after consenting to these Terms, you represent that you are at least 18 years old.
3. PERSONS UNDER AGE 18
All content on the Platform is owned by ASME or a third party and is protected by United States or international copyright laws. Except as explicitly permitted by these Terms, you may not copy, record, reproduce, modify, create derivative works of, distribute, publicly perform or display, or otherwise exploit any content, courses, materials or other information on or made available through the Platform, 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. In particular, you may not record or use any software, device, equipment or programs to record any courses or programs, or portions thereof, made available on or through the Platform. To request permission from ASME, please contact us at CustomerCare@asme.org
We may make audio and video files available for download through the Services. You may download these audio and video files, but you may use them solely for your personal use or research in connection with the Services and non-commercial activities. In addition, you may copy and distribute only a small portion of other copyrighted ASME works featured as part of the Services, but solely for your personal use or research in connection with non-commercial activities. If you download, print, share, disclose or distribute to others any text, images, video or audio files, or any other content that is permitted to be so used, 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. You may not use any content in a manner that attributes a false or misleading statement to ASME or any third parties. The content you post as a student belongs to ASME.
Your use of the Services must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. You may not access the Services if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government.
5. USE OF SERVICES AND THE PLATFORM
When you use the Services, you acknowledge and agree to the following: You will not use the Services (i) for the benefit of third-party organizations, businesses, products, or services, (ii) to send chain letters, unsolicited advertising, or any other junk or bulk mail, (iii) to access, tamper with, or use non-public areas of the Platform, ASME’s computer systems, or the technical delivery systems of ASME’s service providers, (iv) disable, interfere with, or try to circumvent any of the features of the Services related to security or probe, scan, or test the vulnerability of any of our systems, (v) copy, modify, create derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Platform or the Services, (vi) scrape, spider, use a robot, or use other automated means of any kind to access the Services, or (vii) to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as ASME) or any other harmful code or viruses; (viii) in any manner that would disparage or otherwise negatively impact on the goodwill of ASME or its Services and other offerings; (ix) to harass, slander, defame, harm, abuse, insult, intimidate, or discriminate; (x) to submit false or misleading information; or (xi) interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services. We reserve all rights and remedies available to us, including but not limited to the right to terminate your access to the Services, with or without notice.
In addition, you agree not to impersonate or try to pass yourself off as any other person or entity. 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. You take sole responsibility for the content you post, which is non-confidential and any ideas, inventions, or know-how disclosed in them will be available to other users (though Our Site and the Platform may offer privacy controls with respect to certain user content, as described in the Privacy and Security Statement).
When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. We do not control what students and instructors do with the information they obtain from other users on the Platform. You should not share your email or other personal information about you for your safety. We are not liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
The Platform may permit you to submit requests in connection with your receipt of the Services. By way of example, such requests may include requests relating to dietary restrictions for meals provided in connection with in-person courses. ASME will attempt to accommodate reasonable requests submitted in advance through the Platform but has no obligation, and will have no liability, to honor or meet such requests. Accordingly, you may need to prepare alternative arrangements for such requests.
When you use the Services, you may find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
In consideration of your use of the Services, you agree that to the extent you provide personal information to ASME it will be true, accurate, current, and complete and that you will update all personal information as necessary. You understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us at CustomerCare@asme.org
6. YOUR OBLIGATIONS
. Until we are so notified you will remain liable for any unauthorized use of your account.
The use of company logos, trademarks, tradenames, advertisements, web addresses, contact information, pictures of celebrities or the unauthorized use of images owned by others is prohibited. Except for good faith and honest reviews of the Services, you agree not to post, disseminate, publish, or communicate any false or misleading information or information that is intended to disparage, defame, slander, or otherwise harm the reputation of ASME.
Certain portions of the Services provide for, grant access to or work in conjunction with in-person classroom courses. Such in-person programs may be subject to other policies, protocols, rules, and conditions, which you are encouraged to read carefully. You may also be subject to third party policies when located at their facilities. You will be responsible for compliance with such additional policies, protocols, rules, and conditions as are provided to you by ASME in advance of or upon arrival at such in-person programs. Such policies, protocols, rules, and conditions may be subject to change from time to time. In addition, certain portions of the Services, including both virtual and in-person aspects of the Services, may be subject to video or audio recording, which we may make available to other users from time to time in connection with our operation of the Platform and provision of our services. Unless we notify you in advance, we will not record the images or likenesses of users but may record your voice and other audio as part of your use of the Services. From time to time, we may also take photographs or pictures of our Services, including during virtual and in-person classes and courses, which will include attendees at such classes and others using or with access to the Services. Your image or likeness may be included in such photographs. We will take reasonable steps to obscure your likeness from such photos but cannot and do not guarantee your anonymity. In certain circumstances, for example upon receipt of your certificate for completion of a class, you may elect to be photographed or otherwise pose for pictures. In such circumstance, when you otherwise choose to serve as one of the primary subjects of a photograph, or when you otherwise grant us your consent, we will not obscure or otherwise alter such photograph or picture and may use such photograph or picture for any reason, including for marketing or promotional purposes.
By accepting the Services, you hereby irrevocably agree and consent to all such recordings (including video to the extent notified), photographs and pictures and grant ASME the right and license to use such records, photographs and pictures as part of our Platform and Services or for marketing, promotional and other purposes determined by ASME. ASME shall own all rights and title, including intellectual property rights, in such recordings, photographs and pictures, and users will not receive any right or license to use, view or approve such recordings, photographs and pictures.
You are generally responsible for providing any tools, equipment, and devices needed to access and use the Services. You are responsible for performing any technical checks prior to or at commencement of any courses, classes or programs in order to verify that your equipment meets the technical requirements for such items. You are also responsible for ensuring that your devices and equipment are free of harmful code and viruses and will avoid the introduction of such code or viruses to the Platform. ASME may make available to you certain equipment, tools, and other materials for use in connection with the Services, including in-person classroom courses. You must only use such equipment, tools, and materials in accordance with their intended use and any policies and rules provided by ASME in connection with such items. You will be solely responsible and liable for any damage, liability, or loss arising from your use of such equipment, tools, or materials, and we shall have no responsibility or liability in connection with your use of your own equipment (such as your computer, router, webcam, speakers, microphone, etc.).
ASME expects that you and all of its attendees to behave in a polite and appropriate manner when attending any classes or courses, whether virtual or in-person. Accordingly, you will not engage in any disruptive, abusive, threatening, impolite, obscene, derogatory, offensive, or other behavior that ASME deems inappropriate. ASME reserves the right to remove and exclude you from any class or course in the event you fail to behave in accordance with such standards or any other standards identified by instructors, proctors or other course administrators. You will not be entitled to any refund in such circumstances.
7. CLASSROOM CONDUCT
For virtual classrooms, ASME will select and designate the third party videoconference services to be used to provide such virtual classrooms, such as Zoom, Webex, etc. ASME has no responsibility or control over such services and accordingly makes no commitments or representations regarding such services. You acknowledge that you are permitted to and have the technical resources to access and use such videoconference services. Although we may elect to do so based on the circumstances, we have no obligation to provide refunds in connection with your failure or inability to access such services.
We may be required to implement additional policies and procedures for in-person courses or exams in connection with health and safety concerns. We will use reasonable efforts to notify you of such policies and procedures as soon as reasonably practicable. We may require you and other attendees to comply with all applicable health and safety laws, regulations, ordinances, and guidelines as well as other best practices for ensuring safe conditions and the health of individuals. We may also be required to reschedule, relocate or make other changes to classes or examinations in order to address such health and safety concerns.
We will use reasonable efforts to identify the instructor, teacher or proctor for classes and exams in advance of your registration. However, we cannot guarantee that such individual will serve as the instructor, teacher, or proctor for such class or exam and reserve the right to replace or substitute such individuals. We will use reasonable efforts to notify you as soon as reasonably practicable of any change or substitution of an instructor, teacher or proctor. The views, opinions, statements, and messages of any instructors, teachers, proctors or other individuals conducted a course, class, or examination are solely the views, opinions, statements and messages of such individual and do not represent the views, opinions, statements or messages of ASME.
Certificates and qualifications may be available in connection with certain courses provided as part of the Services. The Services will generally describe the requirements for obtaining a completion or other certificate at the time of enrolling in a virtual or in-person course or other aspect of the Services. You must comply with such requirements and other policies, protocols, rules and conditions applicable to such courses in order to receive a certificate, including with respect to attendance.
In general, and unless otherwise provided at the time of enrollment, replaying or listening to any recorded courses (whether virtual or in-person) will not qualify as attendance at a course and therefore will not be considered to satisfy course attendance requirements. Such recordings are provided through the Services for your convenience only. In addition, unless otherwise provided at the time of enrollment, you must attend at least 90% of any live courses (whether virtual or in-person) in order to receive a completion certificate.
As part of your use of the Services, you may from time to time submit feedback, evaluations, suggestions, questions, reviews, comments and other information regarding the Services and your use thereof. You acknowledge and agree that ASME is free to use all such feedback, evaluations, suggestions, questions, reviews, comments and other information for any purposes whatsoever, including, without limitation, to share, distribute and promote it on any platform or with third parties or the media, and without any further notice to or consent from you. In addition, ASME may display quotes or statements made by users as part of such feedback, evaluations, suggestions, questions, reviews and comments for purposes of marketing, improvement the Services or for research purposes. Except with your consent, we will not display your full name in connection with the use of any such items, provided, that we may take reasonable steps to anonymize such items, such as by displaying only your first name and last initial or your first name and company name.
Subject to these Terms and any Additional Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use the Services. You may download content from the Services only for your personal, non-commercial use. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any courses or features of the Services unless you obtain ASME's written permission to otherwise use the content. Using the Services does not give you ownership of any intellectual property rights in the Services or the content you access. This license does not give you any right to resell any content, course, or feature of the Services in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites). We reserve the right to revoke any license to access and use the Services at any point in time, with or without notice, in the event where we decide or are obligated to disable access to a course or feature of the Services due to legal or policy reasons.
The fees and costs for our Services are published on our Platform in connection with specific Services to be obtained by you. Pricing is subject to change without notice. The most recent pricing will be made available on the Platform. Although we retain the right to make specific accommodations, we are not required to provide any refunds, credits or discounts if the pricing for our Services change after you have made a purchase.
11. FEES AND PAYMENT
Our fees exclude taxes, such as value-added tax and sales tax, applicable to the purchase of the Services. Unless we provide otherwise on the Platform for a specific Service, all fees, including taxes, must be paid at checkout prior to being permitted to use and access such Services, including courses or examinations. Payments may be made in the manner permitted by the Platform. Cancellations, refunds or credits, if any, for the purchase of Services will be subject to our refund policy available at https://www.asme.org/learning-development/refund-cancellation-policy.
If you are a user of the Services and reside in the European Union, you are entitled under the EU General Data Protection Regulation (the “GDPR”) to request removal of your personal data from our records. Pursuant to the GDPR, however, under limited circumstances we have the right to retain and archive your personal data for “legitimate interests,” including to protect your interests, the interests of another person, or the public interest. Therefore, if you obtain ASME accreditation or a certificate through any of our programs, we will maintain, for a minimum period of seven (7) years, your personal data including, without limitation, records to demonstrate that the accreditation or certification procedures were effectively fulfilled.
12. EU USERS
THE SERVICES AND ANY OF ITS FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE (AND OUR AFFILIATES, SUPPLIERS, PARTNERS, AND AGENTS) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SERVICES OR THEIR CONTENT, AND EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED), INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE (AND OUR AFFILIATES, SUPPLIERS, PARTNERS, AND AGENTS) MAKE NO WARRANTY THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM USE OF THE SERVICES. YOUR USE OF THE SERVICES (INCLUDING ANY CONTENT) IS ENTIRELY AT YOUR OWN RISK. WE MAY DECIDE TO CEASE MAKING AVAILABLE CERTAIN FEATURES OF THE SERVICES AT ANY TIME AND FOR ANY REASON. UNDER NO CIRCUMSTANCES WILL ASME OR ITS AFFILIATES, SUPPLIERS, PARTNERS OR AGENTS BE HELD LIABLE FOR ANY DAMAGES DUE TO SUCH INTERRUPTIONS OR LACK OF AVAILABILITY OF SUCH FEATURES. WE ARE NOT RESPONSIBLE FOR DELAY OR FAILURE OF OUR PERFORMANCE OF ANY OF THE SERVICES CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, AN ACT OF WAR, HOSTILITY, OR SABOTAGE; NATURAL DISASTER; ELECTRICAL, INTERNET, OR TELECOMMUNICATION OUTAGE; OR GOVERNMENT RESTRICTIONS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES RESULTING FROM VIRUSES OR HARMFUL CODE ARISING FROM SOFTWARE OR APPLICATIONS ON YOUR COMPUTER, HARDWARE OR EQUIPMENT OR FROM ANY SECURITY, DATA BREACH OR UNAUTHORIZED ACCESS RESULTING FROM USE OF YOUR COMPUTER, HARDWARE OR EQUIPMENT OR YOUR PLATFORM ACCOUNT OR CREDENTIALS.
THERE MAY BE RISKS INHERENT INTO USING THE SERVICES. YOU FULLY ACCEPT THESE RISKS AND YOU AGREE THAT YOU WILL HAVE NO RECOURSE TO SEEK DAMAGES AGAINST EVEN IF YOU SUFFER LOSS OR DAMAGE FROM USING THE PLATFORM AND THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE (AND OUR SUPPLIERS, PARTNERS, AND AGENTS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY (AND THE LIABILITY OF EACH OF OUR GROUP COMPANIES, SUPPLIERS, PARTNERS, AND AGENTS) TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO TWENTY DOLLARS ($20.00) OR THE AMOUNT YOU HAVE PAID US FOR THE SPECIFIC COURSE, CLASS OR SERVICE GIVING RISE TO YOUR CLAIMS, WHICHEVER IS GREATER.
14. LIMITATION OF LIABILITY
You agree to indemnify, defend, and hold harmless ASME and its officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms or any Additional Terms, (d) your violation of any rights of a third party, or (e) personal injury or property damage resulting from your acts or omissions. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
These Terms are governed by the laws of the State of New York without reference to its choice or conflicts of law principles. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving New York, New York as the legal forum for any such dispute.
16. GOVERNING LAW AND JURISDICTION
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to CustomerCare@asme.org
17. LEGAL ACTIONS AND NOTICES
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
18. RELATIONSHIP BETWEEN US
Notwithstanding anything herein to the contrary, any delay or failure by ASME to provide the Services will be excused if and to the extent that it is caused by an event or occurrence beyond our reasonable control and without its fault or negligence, including, but not limited to: acts of God; restrictions, prohibitions, priorities or allocations imposed or actions taken by a governmental authority; disease, pandemics or epidemics (or governmental responses thereto); embargoes; fires; explosions; natural disasters; riots; wars; sabotage; inability to obtain power; or court injunction or order.
19. FORCE MAJEURE
You may not assign or transfer these Terms (or the rights and licenses granted under them). If you are accessing the Services as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
20. NO ASSIGNMENT
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
21. SEVERABILITY; WAIVER
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features). ASME reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you in a manner commensurate with the nature of the change. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of the Services after we have posted amended Terms constitutes your consent to the amended Terms.
Please email us at CustomerCare@asme.org
with any questions you may have about these Terms, this page, or any of the following areas.
ASME Privacy and Security Statement
Last updated as of August 16, 2021