Site Uptime

We take all reasonable steps so that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.

Our Site may be temporarily unavailable due to issues such as system failure, maintenance, or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

We may expressly request or enable you to submit, post, upload, embed, display, communicate, or otherwise distribute messages, ideas, concepts, drawings, photographs, graphics, videos, or other material or information through an ASPT website ("Submissions"). Please do not make any Submissions to or through our websites that we do not expressly request or enable you to submit. Our policies regarding Submissions apply regardless of whether we request any Submission received on or through our websites.

Some of our websites may contain communications services provided through forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication features designed to allow you to communicate with others. You agree to use such communication services only to make and receive Submissions that are related to the particular communication service and in accord with these Terms.

You agree that you will not post, send, publish, or transmit any Submission that:

Violates any copyright, patent, trademark, trade secret, intellectual property, or other proprietary or contractual right; advertises any commercial or business endeavor (for example, offering products or services) or otherwise engages in any commercial activity (for example, conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized by us; openly seeks, or passively collects, personal or personally identifiable information about or from others; includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy, or limit the use or enjoyment of any our websites; or otherwise violates any provision of these Terms.

The ASPT does not endorse any Submission and expressly disclaims any and all liability in connection with any Submission. The ASPT may refuse or remove any Submission that, in its sole judgment, violates these Terms. You are solely responsible for any Submission you submit to any of our websites.

You should be aware that in some instances, your Submissions are public, not private, communications. When you are using the areas of our websites that publicly display Submissions, you should assume that any Submissions you make to these areas also are subject to being made public. You should never post any message that you would not mind seeing on a school or community bulletin board or in the local newspaper. The privacy of others also should be respected at all times. If you need permission to use any photos, writings, or other material or any identifying information contained in a Submission, you are responsible for obtaining documentation of such permission before posting the Submission. We may prohibit or remove certain Submissions that have been posted in public areas of our websites, in accord with our policies, but we are under no general duty to monitor the public posting of Submissions in such areas. When you voluntarily disclose any personal information (which is further defined in our Privacy Policy) through any Submission in a public area, that information can be viewed, collected, and used by others and may result in unsolicited messages from other people, for which we shall have no responsibility.

By providing Submissions to any of our websites, you hereby grant the ASPT the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, use, copy, sell, distribute, create derivative works from, perform, and display all or part of the Submission in any form, media, or technology now known or later developed. Except in the case of certain Submissions by students or teachers participating in any form of online instruction, the ASPT will not be required to treat any Submission as confidential. However, we may use any Submission in our business endeavors (including without limitation, for products or advertising) in a manner consistent with our privacy policies, without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations.

By providing Submissions to an ASPT website, you also represent and warrant that the Submission is your original work, does not violate any agreement between you and a third party, and shall not infringe upon or violate any law, agreement, or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy, or publicity.

Access to and use of secure areas of ASPT sites is considered a privilege provided at the discretion of the ASPT. The ASPT reserves the right to monitor use of its websites to determine compliance with these Terms, to investigate any reported or apparent violation, and to take any action that we in our sole discretion deem appropriate. We also reserve the right to immediately withdraw access and use of our sites when there is reason to believe that violations of law or our policies have occurred. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, and to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion. Submissions provided to any of our websites may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to any Submissions that you provide, as well as any materials that you may download.

User Conduct

When using our Site, you shall not post or send to or from the Sites:

Content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used; or content that is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

 We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.

You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.

Links To and From Third Party Websites

Some links furnished on our Site may allow you to leave our Site. These third party websites are not under our control, and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked website(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third party website or advertising. We provide these links to you as a convenience to you, and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s).

If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us; (b) you do not misrepresent your relationship with us or present any false information about us; and (c) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Termination of Service

These Terms of Use constitute an agreement that is effective until terminated by either party.

You are not required to continue use of these services. And, if you are dissatisfied with any aspect of the services, you are encouraged to contact the ASPT Business Office to discuss your concerns.

You may ask us to close your account at any time by sending us an email. We reserve the right to terminate this agreement, as well as your access to any or all of our websites and the related services or any portion thereof, at any time, without notice.

Effect of Termination

Upon termination of this Agreement, you will no longer access or use any part of this website or use any service or software to access or use this website. Your representations, warranties, and agreements with respect to your past access and use will continue in effect (for example, the licenses granted to the ASPT for content that you uploaded; and your indemnification against infringement with respect to such materials) but you will incur no new obligations because there will be no future use.

Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright, or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Applicable Law

We make no representations that the content or the Site is appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

Our Site is created in and controlled by laws of the State of Missouri, United States of America. The Site, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of Missouri, and applicable United States federal laws. Use of our Site constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

Our Site is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.

General

These Terms, together with the Privacy Policy, other terms, or legal notices published by us on the Site, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Our Contact Information

American Society of Plant Taxonomists, c/o Missouri Botanical Garden, 4344 Shaw Blvd, St. Louis, MO 63110 USA.  Email: businessoffice@aspt.net

Effective Date: October 25, 2018