YOU MUST READ THESE TERMS AND CONDITIONS OF USE (these “Terms”) CAREFULLY BEFORE USING THIS SITE.
The Center for Clinical Social Work (“Center”) provides this website, http://acswa.org, of the American Clinical Social Work Association (ACSWA), along with that of the American Board of Examiners in Clinical Social Work (“ABE”) http://www.abecsw.org, and with another website, http://www.centercsw.org, all owned and operated by the Center, to you, your employees, agents, and contractors, and any other entity on whose behalf you accept the Terms (collectively “You”), subject to these Terms.
The Center/ACSWA/ABE may revise and update these Terms at any time and any changes will be effective immediately upon posting to the Center/ACSWA/ABE Websites, so please check back regularly to ensure you read and understand our current terms and conditions of use.
1. Disclaimer of Online Directory usage
ACSWA Membership Directory
2. Disclaimer of Advice and Endorsements
The Center/ACSWA/ABE Websites and its contents, such as text, graphics, images, information obtained from licensors or other third parties, and any other material contained on the Center/ACSWA/ABE Websites (the “Content”) is provided to You for informational and educational purposes only and on the express understanding that Center/ACSWA/ABE is not engaged in rendering professional advice or recommendations of any kind. References to any products, services, websites of third parties, or other information by trade name, trademark, supplier, or otherwise, do not in any way constitute or imply endorsement, sponsorship, or recommendation by Center/ACSWA/ABE unless a specific endorsement is included. Center/ACSWA/ABE and their Websites do not answer specific clinical social work-related questions or refer people to particular professionals. The Content is in no way intended to replace consultation with a clinical social worker.
3. Links and Identifications
You may find links to other Internet websites or resources on the Center/ACSWA/ABE Websites and portions of the Center/ACSWA/ABE Websites may identify specific clinical social workers by name, address, or affiliation. You acknowledge and agree that (a) Center/ACSWA/ABE is not responsible for the availability of such external websites or resources, (b) all links and identifications are provided solely for your convenience and for other informational purposes, and (c) Center/ACSWA/ABE does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites, resources, or clinical social work or social work professionals or their affiliations, whether or not identified on the Center/ACSWA/ABE Websites. Without limiting the foregoing, Center/ACSWA/ABE will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource or from any identified clinical social work or social work professional or affiliation.
4. Registration Data
In consideration of Your use of the Center/ACSWA/ABE Websites, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Center/ACSWA/ABE Websites (“Registration Data”); (b) maintain the security of your password and user identification; (c) maintain and promptly update Registration Data, and any other information You provide to Center/ACSWA/ABE, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Your Registration Data. You have sole responsibility for adequate protection of your data and/or your equipment used in connection with the Center/ACSWA/ABE Websites. You further consent and authorize us to verify any Registration Data.
6. Your Obligations and Conduct; Interactive Services
You agree that You will not use the Center/ACSWA/ABE Websites to: (a) transmit spam, bulk, or unsolicited communications; (b) pretend to be Center/ACSWA/ABE or someone else, or spoof Center/ACSWA/ABE’s or someone else’s identity; (c) forge headers, frame our webpages, deep-link or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content on or otherwise transmitted through the Websites; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Center/ACSWA/ABE Websites; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
You agree not to upload, post, or otherwise transmit via the Center/ACSWA/ABE Websites, Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, or harassing, or causes duress, distress or discomfort to another, or is otherwise objectionable to Center/ACSWA/ABE or other users of the Center/ACSWA/ABE Websites; (b) includes unauthorized disclosure of personaly identifiable information (PII); (c) violates or infringes anyone’s intellectual property rights; (d) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) is a form of advertising not approved in advance in writing by Center/ACSWA/ABE; (f) is injurious to the interests of Center/ACSWA/ABE or other users of the Center/ACSWA/ABE Websites; or (g) violate standards of acceptable clinical social work practice or codes of ethics. Center/ACSWA/ABE reserves the right to edit or remove any Content from any part of the Websites at any time, at its sole discretion.
7. Human Use Restriction
The Center/ACSWA/ABE Websites are solely for direct access by human users. ‘Spiders’, ‘crawlers’, ‘bots’ and all other automated software or hardware devices designed to access and ‘read’ or otherwise analyze the Center/ACSWA/ABE Websites independently are prohibited and You agree not to access or use the Center/ACSWA/ABE Websites by such means.
8. Intellectual Property
The Center/ACSWA/ABE Websites, including without limitation all Content and all intellectual property rights in and to the same, are owned by or licensed to Center/ACSWA/ABE or our third-party Content providers. Except as expressly authorized by Center/ACSWA/ABE or by authorized third party Content providers, You agree not to use, reproduce, modify, distribute, transmit, display, perform, adapt, sell or resell, rent, mirror, frame, download, or otherwise exploit or create derivative works of the Content, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Center/ACSWA/ABE discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. You may not do or allow anyone else to do anything with the Content which is not specifically permitted under these Terms.
Permission is granted to You to display, copy, and download a single copy of any portion of the Content owned by Center/ACSWA/ABE on the Center/ACSWA/ABE Websites provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “Used with permission”) is added to such Content; (b) the use of such Content is solely for your personal, non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Agreement. Upon termination, You must immediately destroy any downloaded and/or printed Content. Requests regarding use of such Content for any purpose other than as explicitly permitted by these Terms should be directed to ABE.
Center/ACSWA/ABE is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on the Center/ACSWA/ABE Websites please contact the appropriate copyright agent at ABE with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where the material that you claim is infringing is located on the Site.
- Your address, telephone number, and e-mail address.
- 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.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
9. Disclaimer of Warranties
Your use of the Center/ACSWA/ABE Websites is at your sole risk. The Center/ACSWA/ABE Websites, including all services and content (as defined in section 1) are provided on an “as is” “as available” and “with all faults” basis. Center/ACSWA/ABE disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of title, merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement. Center/ACSWA/ABE makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Center/ACSWA/ABE Websites.
Center/ACSWA/ABE further makes no warranty or representation that: (a) the Center/ACSWA/ABE Websites will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Center/ACSWA/ABE websites will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from the Center/ACSWA/ABE Websites will meet your expectations or requirements; or (d) any errors in the Center/ACSWA/ABE Websites will be corrected.
10. Limitation of Liability
To the full extent permitted by law, Center/ACSWA/ABE is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Center/ACSWA/ABE Websites, even if Center/ACSWA/ABE has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Center/ACSWA/ABE Websites; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through, or from the Center/ACSWA/ABE Websites; (c) statements or conduct of any third party on the Center/ACSWA/ABE Websites, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information You may download, use, modify, or distribute.
In the event You have any dispute with one or more third parties as a result of Your use of the Center/ACSWA/ABE Websites, or are in any way damaged as a result of any third party in connection therewith, you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against Center/ACSWA/ABE, our affiliates, officers, directors, employees, agents, representatives, and suppliers from, for any claims, actions, demands or damages (whether direct, indirect, special, incidental or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.
To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.
You agree to defend, indemnify and hold Center/ACSWA/ABE and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any losses, expenses, costs, or damages (including our reasonable attorneys’ fees, expert fees’, and other reasonable costs of litigation) arising from, incurred as a result of or in any manner related to any claim, demand, or action based upon Your Content, Your use of or connection to the Center/ACSWA/ABE Websites (including any use by You on behalf of Your employer and any use by third parties under your accounts), Your violation of the Terms, or Your violation of any rights of another. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at out own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
12. General Terms
These Terms constitute the entire agreement between You and Center/ACSWA/ABE relating to Your use of the Center/ACSWA/ABE Websites, and cancel and supersede any prior versions of the Terms. In the event of a conflict between these Terms and any policy or statement regarding your use of the Center/ACSWA/ABE Websites, or any use of Your Center/ACSWA/ABE Websites account, these Terms shall govern. No modification to the Terms will be binding, unless in writing and signed by an authorized Center/ACSWA/ABE representative. You may not assign, sublicense, delegate, or otherwise transfer the Terms or any right or obligation granted hereunder.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms, including without limitation those of Sections 1, 7, 8, 9, and 10.
You agree that any material breach of Sections 5, 6, and 7 of the Terms will result in irreparable harm to Center/ACSWA/ABE for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Center/ACSWA/ABE will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Center/ACSWA/ABE seeks such an injunction.
Any Center/ACSWA/ABE express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Notices sent to you by the Center/ACSWA/ABE in connection with this Agreement may be delivered to you by electronic mail, by general notice on the Center/ACSWA/ABE Websites, or by written communication delivered by first class U.S. mail. You may give notice to the Center/ACSWA/ABE at any time by letter delivered by first class postage prepaid U.S. Mail or overnight courier to the following address:
Center for Clinical Social Work
241 Humphrey St.
Marblehead, MA 01945 USA
You may send your questions regarding the Center/ACSWA/ABE Websites to the Center.
These Terms shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the law of the Commonwealth of Massachusetts, without regard to conflicts of law provisions thereof. You agree that exclusive jurisdiction and venue of any dispute with Center/ACSWA/ABE arising out of or in any way relating to the Terms or your use of or inability to use the Center/ACSWA/ABE Websites, services, or Content shall reside in the federal and state courts sitting in the Commonwealth of Massachusetts. You expressly consent to the exercise of personal jurisdiction by such courts and agree that You will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.