TERMS OF USE

Updated On: [02-08-23]

PLEASE READ THIS AGREEMENT CAREFULLY.
IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE.

These Terms of Use ("Terms") create a binding agreement between You and ASCD, a Virginia nonprofit corporation ("ASCD" or "We," "Our" or "Us") and apply when You use the ASCD websites currently found at www.ascd.org and www.witsby.com, and any related subdomains and applications (collectively, the "Site"), and any publications, curricula, training and other materials and products available through the Site (collectively, the "Products"), or the membership, subscription, seminar, tutorial, professional development or other training, curriculum development, volunteer, polling, discussion and other related services provided in connection with the Site (collectively with the Products and Site, the "Services"). You should know that these Terms apply regardless of how You access the Services, whether via computer, mobile device or otherwise.

Please read these Terms and Our Privacy Policy found at https://www.ascd.org/privacy-policy carefully. By using the Services, You acknowledge and agree to be bound by these Terms (or if applicable, the Additional Terms as defined below) and the Privacy Policy, and consent to the collection and use of the information and data (including but not limited to personal data) that you provide or otherwise make available to us in connection with the Services ("Your Data") in accordance with these Terms and the Privacy Policy. By using the Services, You further agree that ASCD may change, alter, or modify the settings or configurations on Your Device (defined below) in order to allow for or optimize Your use of the Services.

In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to Your use of the Services, including by way of example and not limitation, any order form that we provide in connection with Your purchase of or subscription to Services or Witsby Enterprise Subscription Agreement between You or Your Employer (in each such instance, and collectively "Additional Terms"). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.

If You are entering into these Terms on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to these terms and conditions, in which case the terms "You" or "Your" shall refer to such entity.

Use of the Services is limited to persons who are eighteen (18) years of age or older.

The Services are not directed to persons under the age of 18 and Our policy is NOT to knowingly collect any personal information from persons under the age of 18. If You are under the age of 18, You should leave the Services without providing any information about yourself. By accessing or using the Services, You represent and warrant to Us that You are either a legal adult in the jurisdiction in which You reside or, if under the age of majority, have obtained proper consent from a parent or legal guardian to Your use of the Services and these Terms.

A. Account

You may be required to create an account and specify a password in order to access certain areas or features on the Services. To create an account, You must be at least 18 years old and You must provide truthful and accurate information about yourself. You many not impersonate anyone else when You create Your account. If Your information changes at any time, please update Your account to reflect those changes.

In some cases, an account may be assigned to You by an administrator, such as Your employer or other organization for which You provide services. If You are using or logging into an account assigned to You by an administrator, Additional Terms may apply to Your use of the Services. Moreover, Your administrator may be able to access or disable Your account without Our involvement.

You may not share Your account or corresponding user credentials with anyone else. You agree to keep Your password confidential, and understand that Your password should not be the same as passwords You use on other websites. If You believe that Your account has been compromised at any time, please notify Us through the support portal available through the Witsby interface

B. Eligibility to Order/Purchase; Members

To place an order on the Services, You must be at least 18 years of age and abide by all applicable local, state, federal and international laws and regulations.

C. Order Acceptance and Cancellation.

You agree that Your order is an offer to buy, under these Terms, all Products and Services listed in Your order. All orders must be accepted by Us or We will not be obligated to sell the Products or Services to You. We may choose not to accept any orders in Our sole discretion. After having received Your order, We will send You a confirmation email with Your order number and details of the items You have ordered, and, if applicable, an introduction to your Customer Success representative. Acceptance of Your order and the formation of the contract of sale between ASCD and You will not take place unless and until You have received Your order confirmation email. You have the option to cancel Your order at any time before We have sent Your order confirmation email by calling Our Customer Service at 1-800-933-2723.

D. Fees and Payment Terms.

ASCD charges fees for certain Products and Services, including, without limitation, access to the ASCD's "Witsby" platform and services, memberships, subscriptions, seminars, tutorials, professional development programs, publications and curricula. We may change our fees from time to time and at any time upon notice to you. Unless otherwise stated, all fees are expressed in U.S. dollars. You are responsible for any fees incurred in connection with the Services, the Products and/or your use of the Site, and all applicable charges, expenses, tariffs and taxes.

For Product availability and pricing questions, please call Us at 1-800-933-2723 or email programteam@ascd.org and We will be happy to help You with Your inquiry. Discounts are usually limited time offers and may not be combined with any other offers. We make no representations as to how long a limited time offer will be available or whether and for how long the Product was sold at the full retail price prior to any discount being offered. We reserve the right to limit the quantities of any Products or Services that We offer through the Services at Our sole discretion. All prices posted on or provided through the Services are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in Your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or similar charges. All such taxes and charges will be added to Your order total and will be itemized in Your shopping cart and in Your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by Us and We reserve the right to cancel any orders arising from such errors.

Terms of payment are within Our sole discretion and payment must be received by Us before Our acceptance of an order. You represent and warrant that (i) the credit card information You supply to Us is true, correct, and complete, (ii) You are duly authorized to use such credit card for the purchase, (iii) charges incurred by You will be honored by Your credit card company, and (iv) You will pay charges incurred by You at the posted prices, including all applicable taxes, if any.

If You have purchased a Product or Services subscription from ASCD or applied to become a Member of ASCD, Your subscription or membership will begin immediately after we accept and successfully process the applicable order or application and payment, credit card payment or other form of payment and will remain in effect unless: (a) expressly cancelled by You within 90 days of the start date by emailing or calling our Customer Service at member@ascd.org or 1-800-933-2723 or (b) suspended or cancelled by ASCD in accordance with the terms and conditions of these Terms or any applicable Additional Terms, including, without limitation, if You have not signed up for, or provided valid, accurate and current information in connection with, our Credit Card Auto Renewal Program, and, for any reason, You fail to timely pay any membership or other fees. No refunds of membership dues will be provided after 90 days from the start date of the membership. You acknowledge that ASCD may offer membership discounts from time to time and these discounts can only be applied to membership purchased after a discount is offered and cannot be retroactively applied at any time. Discounts are limited to a single purchase per one customer.

IF YOU ARE A PARTICIPANT IN OUR CREDIT CARD AUTO RENEWAL PROGRAM FOR ANY MEMBERSHIP OR SUBSCRIPTION, ASCD WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP OR SUBSCRIPTION AT THE APPLICABLE TIME OF RENEWAL DATE. YOU HEREBY AUTHORIZE ASCD TO CHARGE YOUR CREDIT CARD UNLESS YOU RESIGN YOUR MEMBERSHIP OR TERMINATE YOUR SUBSCRIPTION AT LEAST 30 BUSINESS DAYS PRIOR TO THE DATE ON WHICH YOUR CREDIT CARD IS DUE TO BE CHARGED. For additional information or answers to Your questions regarding our Credit Card Auto Renewal Program, please contact our Customer Service at member@ascd.org or 1-800-933-2723.

E. Refund Policy.

Products and Services purchased through the Services are non-refundable. Notwithstanding the foregoing, We may offer credits in Our discretion where the Services the Product or Service is defective. Such credit is Your sole remedy with defective Products or Services. We may change this Refund Policy from time to time in Our sole discretion.

F. Product Images, Content and Specifications

All features, content, specifications, Products or Services and prices of Products or Services described at or depicted on the Services are subject to change at any time without notice. All Product descriptions are approximate, provided for convenience only and may be subject to substitutions where indicated. While We attempt to be as accurate as possible in Our Product descriptions on the Services, We do not warrant that Product or Service descriptions or other content is accurate, complete, reliable, current or error-free. If a Product or Service offered by Us is not as described, Your sole remedy is to seek a refund pursuant to Our Refund Policy, citing the reasons the Product is not as described.

You may access and browse certain areas of the Site and related content without registering and/or becoming a Member or making a purchase. You must become a Member or purchase applicable Services in order to access certain Products and Services or participate in certain discussion boards, forums, leadership opportunities or other ASCD programs. In order to become a Member, you must qualify for membership and complete the registration and payment process. The Member registration and payment processes require, among other things, that you provide current, complete and accurate information as requested on the applicable registration and payment forms and that ASCD is able to successfully process your payment information. If you are registering on behalf of a school, school system, business entity or other organization, you represent and warrant that you have the authority to provide the required information and bind the organization to these Terms and the applicable Additional Terms.

You may be required to log into Your Account to activate, access or use (or to continue accessing or using) the Services. Only You may access or use certain parts of the Site or Services.

Some Services may cause Your electronic devices (such as computers, virtual machines not accessed through a network connection, or mobile devices) to automatically connect to the internet (intermittently or on a regular basis)—for example, to provide You with access to certain Services (including third-party services), validate your rights to access Services or download and install relevant updates, all without further notice to You. You agree to such connections and to validation of Your subscription to the Services and to the automatic downloading and installation of such updates. For some Services, You may be able to adjust Your update settings (this feature may not be available for certain Services, including those for which automatic updates are required for operation or security of the Services).

Services do not include access to the internet or any other network or to any communications services or any hardware, software, storage, security or other resources necessary for accessing or using the Services. You and Your other suppliers and service providers are responsible for acquiring all such items and for their reliability, security and performance.

A. Our Content.

The Services contains a variety of: (i) materials and other items relating to ASCD and its Products and Services, and similar items from Our licensors and other third-parties, including any and all copyrightable material (including source and object code) as well as publications, curricula, training and other materials and products provided by third-parties or other users (including, but not limited to educational institutions, publishers, educators and other sources of information); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of ASCD, whether registered or unregistered (collectively, "Trademarks"); (iii) ASCD Licensed Elements (defined below); and (iv) other forms of intellectual property (all of the foregoing, collectively "ASCD Property").

B. Ownership.

The Services (including past, present, and future versions) and the ASCD Property are owned or controlled by ASCD, Our licensors and/or certain other third-parties. All right, title, and interest in and to the ASCD Property available via the Services is the property of ASCD, Our licensors and/or certain other third-parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. Without limiting the foregoing, all Trademarks that appear on the Site are proprietary to ASCD or their respective owners. You may not display or reproduce the Marks other than with the prior written consent of ASCD, and you may not remove or otherwise modify any trademark notices from any ASCD Property received through the Site.

C. Limited License.

Subject to Your compliance with these Terms and any applicable Additional Terms, ASCD grants You a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, play, and/or print the portions of the ASCD Property that ASCD generally makes available to its customers in connection with the applicable Services (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device") for Your personal, non-commercial use only, and (ii) to use certain ASCD Property that We may from time to time make available on the Services explicitly for You for use as part of Your User Content (defined below) ("ASCD Licensed Elements"), but only for such purposes as may be explicitly stated at the time that the ASCD Licensed Elements are made available on the Services or as part of the applicable Services order; but We and Our licensors and certain other third-parties, as the case may be, retain ownership of such ASCD Licensed Elements. The foregoing limited license (x) does not give You any ownership of, or any other intellectual property interest in, any ASCD Property, and (y) may be immediately suspended or terminated for any reason, in ASCD's sole discretion, and without advance notice or liability. Any use of the ASCD Property other than as set forth herein shall require a separate agreement between ASCD and You. For further information on use of the ASCD Property, please email permissions@ascd.org.

A. Your Content.

The Services may allow you to submit, upload, post, transmit, link, store, share and otherwise make available certain information, text, graphics, videos, articles, survey or poll responses, curricula, lesson plans, programs, ideas, feedback or other posts, information, questions, suggestions, submissions or other materials ("User Content") (whether by collaboration on or sharing files with a project, emailing, messaging, sharing a link, sharing files with other applications or Services or users, posting in a forum or gallery or otherwise). Suspending or terminating your Account will not necessarily delete or inhibit access to any of Your User Content that was earlier shared or published. If You do not want others to have any such access or any of those rights, do not use the sharing, publishing or other collaboration features of the Services and set Your permissions accordingly. You are responsible for the User Content that you post on or through the Service, including its accuracy, completeness, legality, reliability, and appropriateness.

By posting User Content on or through the Services, You represent and warrant that: (i) the User Content is yours (you own it and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms), (ii) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, (iii) you have fully complied with any third party license terms relating to User Content that you upload or post using the Services and have satisfied all terms and conditions to pass through to end users the right to use User Content; and (iv) User Content does not contain or will not install any viruses, worms, malware, spyware, adware, Trojan horses, sniffers, corrupted files, or other harmful, malicious or destructive programming, software or code (collectively, "Malicious Code"). We reserve the right to terminate the account of anyone found to be infringing on a copyright.

Except where otherwise expressly stated, ASCD has the right but not the obligation to monitor any and all User Content, and to remove, delete, redact or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to You. ASCD has no obligation to display or post any User Content. ASCD reserves the right to disclose, at any time and from time to time, any information or User Content that ASCD deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request.

B. Ownership.

You retain any and all of your rights to any User Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third-party posts on or through the Services. However, by posting User Content using the Services you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Services for the sole purpose of providing the Services to you and any users of the User Content and Services who you authorize.

In addition, other User Content not owned by you found on or through the Services are the property of ASCD or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said User Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

C. Limited Licenses.

Except as otherwise described in any applicable Additional Terms, you hereby grant to ASCD, and you agree to grant to ASCD, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to copy, record, distribute, reproduce, disclose, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use Your User Content for purposes of providing the Services to You and your users. You acknowledge and agree that ASCD has the right to share User Content with third party developers and licensees using the application programming interface (API) provided and licensed in connection with the Services for such purposes.

Notwithstanding anything to the contrary, ASCD shall have the right to (a) collect and analyze the data and other information obtained by ASCD in connection with the provision, use and performance of the Services, related systems and technologies, and any aspects thereof (including, without limitation, Customer Data) and derive anonymized or otherwise de-identified data ("Derived Data") therefrom, and (b) use such Derived Data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other ASCD offerings, and disclose such Derived Data in connection with its business.

Additionally, ASCD shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by Customer or its Users relating to the operation of the Services.

Please see your account for details of access authorization. You waive all rights to any claim against ASCD for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content, and you acknowledge and agree that you are not entitled to receive any compensation for any User Content you submit, upload or transmit in connection with this Site.

A. Service Use Restrictions.

You agree to use Our Services and any ASCD Property, in a manner consistent with all applicable laws and regulations. Additionally, except as expressly authorized by these Terms, or as otherwise expressly permitted in writing by ASCD, You will not:

B. Availability of the Services and Content.

ASCD reserves the right, in its sole discretion, at any time, to modify, suspend, terminate or discontinue, temporarily or permanently, the availability of the Services and ASCD Property (or any elements and features of them) for any reason, with or without advance notice. ASCD may also, directly or indirectly, make improvements and/or changes in the Site, the Products and/or the Services, Membership Benefits, or any portion thereof at any time without notice or obligation to you. You agree that ASCD shall not be liable to You or to any third-party for any modification, suspension or discontinuance of the Services.

We encourage links to the Site for noncommercial, informational, and educational purposes.
By linking to the Site you agree that:

a. You will not use the link to promote the sale of goods, services, or causes; to suggest endorsement by ASCD of any goods, services, or causes; or otherwise to misrepresent your relationship with ASCD.

b. Your link will be in text only in the form of www.ascd.org, directing the user to the website home page. You may not otherwise use the ASCD logos, trademarks, or mastheads unless you have a written agreement with us.

c. You will not mirror the home page (or any other pages) of ASCD or frame the content of the Site, in whole or in part, on your website.

d. You will not present the content appearing on the Site as your own.

e. You will not provide a link to the Site in any context containing content that may be interpreted as libelous, obscene, harassing, or criminal, or which may infringe or is in violation of the rights of any third party.

f. ASCD will not be liable for any damages or claims arising as a result of your link to the Site.

g. ASCD reserves the right to terminate any links to the Site at any time in its sole discretion, and you agree to remove your link upon ASCD's request.
If you have any questions, please contact Us at support@ascd.org.

A. DMCA Notice.

ASCD asks Our users to respect the intellectual property of others. It is Our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In ASCD's sole discretion, ASCD may remove content that may be infringing on another person's intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act ("DMCA") and other applicable law, ASCD has adopted a policy of terminating, in appropriate circumstances and at ASCD's sole discretion, users who are deemed to be repeat infringers. If You own a copyright in a work (or represent such a copyright owner) and believe that Your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Services, then You may send Us a written notice that includes all of the following:

(i) a legend or subject line that says: "DMCA Copyright Infringement Notice";

(ii) a description of the copyrighted work that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii) a description of where the material that You claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit Us to locate the material (please include the URL of the Services on which the material appears);

(iv) Your full name, address, telephone number, and e-mail address;

(v) a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by You, made under penalty of perjury, that all the information in Your notice is accurate, and that You are the copyright owner (or, if You are not the copyright owner, then Your statement must indicate that You are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

(vii) Your electronic or physical signature.

ASCD will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:

By Mail: Copyright Agent
c/o ASCD
2800 Shirlington Rd, Unit 1001
Arlington, VA 22206
USA
Tel: 1-800-933-2723
By E-Mail: dmca@ascd.org

For clarity, only DMCA Notices should go to the above e-mail address.

It is often difficult to determine if Your copyright has been infringed. ASCD may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and ASCD may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that You provide in Your notice to the person who provided the allegedly infringing work. That person may elect to send Us a DMCA Counter-Notification (as described below).

Without limiting ASCD's other rights, ASCD may, in appropriate circumstances, terminate a repeat infringer's access to the Services and any other website owned or operated by ASCD.

B. Counter-Notification.

If access on the Services to a work that You submitted to ASCD is disabled or the work is removed as a result of a DMCA Notice, and if You believe that the disabled access or removal is the result of mistake or misidentification, then You may send Us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

(i) a legend or subject line that says: "DMCA Counter-Notification";

(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Services from which the material was removed or access to it disabled);

(iii) a statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv) Your full name, address, telephone number, e-mail address, and the username of Your Account (if You have an Account);

(v) a statement that You consent to the jurisdiction of the United States District Court for the District of Virginia, and that You will accept service of process from the person who provided DMCA notification to Us or an agent of such person; and

(vi) Your electronic or physical signature.

If We receive a DMCA Counter-Notification, then We may replace the material that We removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, We will not do this if We first receive notice at the addresses above that the party who sent Us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. You should also be aware that We may forward the Counter-Notification to the party who sent Us the DMCA Copyright Infringement Notice.

If You own intellectual property other than copyrights and believe that Your intellectual property other than copyright has been infringed by an improper posting or distribution of it via the Services, then You may send Us a written notice to the addresses set forth above that includes: (a) a legend or subject line that says: "Intellectual Property Infringement Notice"; and (b) all the other information required for the DMCA notice above, except describing the other intellectual property alleged to have been infringed.

We will act on such notices in Our sole discretion. Any user of the Services that fails to respond satisfactorily to ASCD with regard to any such notice is subject to suspension or termination. We may send the information that You provide in Your notice to the person who provided the allegedly infringing material.

Some of the content, services and functionality on the Services, such as advertisements, widgets, software, applications, articles, photographs and videos, may be provided by third-parties (collectively, "Third Party Content"). Although We try to keep inappropriate third-party ads and other content off of the Services, We are not responsible for this third-party content or the third parties if You interact with them.

Users of the Services may be able to view, access and interact with Third Party Content without leaving the Services, including viewing, accessing or interacting with Third Party Content that is imported or "framed" within the Services. The Services may also contain links to third-party websites that are not owned, controlled or operated by ASCD, and the Services may include links to third-party ads on the Services or otherwise, to or from third-party websites (collectively, "Third-Party Services"), including websites operated by advertisers, licensors, licensees, and certain other third-parties who may have business relationships with ASCD.

ASCD may have no control over the content, operations, policies, terms, or other elements of Third Party Content or Third Party Services, and ASCD does not assume any obligation to review any of them. ASCD does not endorse, approve, or sponsor any Third Party Services, or any Third Party Content, advertising, information, materials, products, services, or other items. Furthermore, ASCD is not responsible for the quality or delivery of the Products or services offered, accessed, obtained by or advertised at such sites. Finally, ASCD will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third Party Services. Any activities You engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third Party Services, and You agree to be bound thereto. ASCD disclaims all liability in connection therewith.

Certain portions of this Section 10 are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and ASCD agree that We intend that this Section 10 satisfies the "writing" requirement of the Federal Arbitration Act. This Section 10 can only be amended by mutual agreement. Where arbitration is not permitted by the mandatory laws in Your country of residence, or where the parties have not otherwise agreed to arbitration in accordance with applicable laws, the provisions of Section 11 shall apply to all relevant disputes between You and Us.

A. First – Try To Resolve Disputes and Excluded Disputes.

To the fullest extent permitted by applicable law, if any controversy, allegation, or claim arises out of or relates to the Services, the ASCD Property, Your User Content, Your Data, these Terms, or any applicable Additional Terms, whether heretofore or hereafter arising (collectively, "Dispute"), or to any of ASCD's actual or alleged intellectual property rights (an "Excluded Dispute", which includes those actions set forth in Section 10(D)), then You and We agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide Us. But if no such information exists or if such information is not current, then We have no obligation under this Section 10(A). Your notice to Us must be sent to: ASCD, 2800 Shirlington Rd, Unit 1001
Arlington, VA 22206 Attention: Customer Service. For a period of sixty (60) days from the date of receipt of notice from the other party, ASCD and You will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either You or ASCD to resolve the Dispute or Excluded Dispute on terms with respect to which You and ASCD, in each of Our sole discretion, are not comfortable.

B. Binding Arbitration.

If We cannot resolve a Dispute as set forth in Section 10(A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND ASCD (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SITE. The Federal Arbitration Act ("FAA"), not state law, shall govern the arbitrability of all disputes between ASCD and You regarding these Terms (and any Additional Terms) and the Services. ASCD and You agree, however, that Virginia or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between You and ASCD regarding these Terms and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to Virginia's choice of law principles.

A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association ("AAA"). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a "demand for arbitration," then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. ("JAMS") using JAMS' streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that You and an officer or legal representative of ASCD consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau) where You are a resident at the time the Dispute is submitted to arbitration. You and We will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require ASCD to pay a greater portion or all of such fees and costs in order for this Section 10 to be enforceable, then ASCD will have the right to elect to pay the fees and costs and proceed to arbitration.

C. Limited Time To File Claims.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 10(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

D. Injunctive Relief.

To the fullest extent permitted by applicable law, the foregoing provisions of this Section 10 will not apply to any legal action taken by ASCD to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, Your User Content, Your Data and/or ASCD's intellectual property rights (including such ASCD may claim that may be in dispute), ASCD's operations, and/or ASCD's Products or services.

E. Small Claims Matters Are Excluded From Arbitration Requirement.

Notwithstanding the foregoing, either of Us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 10(G).

F. No Class Action Matters.

To the fullest extent permitted by applicable law, disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 10(B) holds that this restriction is unconscionable or unenforceable, then Our agreement in Section 10(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 10(G).

G. Federal and State Courts in Arlington, VA.

Except to the extent that arbitration is required in Section 10(B), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Arlington, VA. Accordingly, You and ASCD consent to the exclusive personal jurisdiction and venue of such courts for such matters.

This Section 11 applies to all users of the Services, if, and only to the extent that, the mandatory laws in Your country of residence do not permit arbitration of Disputes in accordance with Section 10 or the parties have not otherwise agreed to arbitration if required by applicable law.

A. Section 11 Disputes.

To the fullest extent permitted by applicable law, if any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Services, the Content, these Terms, whether heretofore or hereafter arising or to any of ASCD's actual or alleged intellectual property rights (collectively, a "Section 11 Dispute"), then You and We agree to send a written notice to the other providing a reasonable description of the Section 11 Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide Us. But if no such information exists or if such information is not current, then We have no obligation under this Section 11.A. Your notice to Us must be sent to: ASCD, Attention: ASCD Legal, 2800 Shirlington Rd, Unit 1001, Arlington, VA 22206 USA. Subject to applicable law, for a period of sixty (60) days from the date of receipt of notice from the other party, ASCD and You will engage in a dialogue in order to attempt to resolve the Section 11 Dispute, though nothing will require either You or ASCD to resolve the Section 11 Dispute on terms with respect to which You and ASCD, in each of Our sole discretion, are not comfortable.

B. Jurisdiction.

The parties agree that the state or federal courts in Arlington County, Virginia shall have non-exclusive jurisdiction of any Section 11 Dispute, unless otherwise required by applicable laws of Your jurisdiction of residence.

C. Governing Law.

To the maximum extent permitted by the mandatory laws in Your country of residence, these Terms and any Section 11 Dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without regard to its conflicts of law provisions.

D. Limited Time to File Claims.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 11 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 11.A) WITHIN ONE (1) YEAR AFTER DISCOVERY OF THE SECTION 11 DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

E. Injunctive Relief.

The foregoing provisions of this Section 11 will not apply to any legal action taken by ASCD to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, Your User Content, Your Data and/or ASCD's intellectual property rights (including such ASCD may claim that may be in dispute), ASCD's operations, and/or ASCD's Products or services.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY AN ASCD PARTY, YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.

THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. Therefore, to the fullest extent permissible by law, ASCD and its subsidiaries, affiliated companies and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, data suppliers, licensors, licensees, contractors, customers, successors, and assigns (collectively, "ASCD Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

(a) the Services (including the ASCD Property, the User Content and Your Data);

(b) the functions, features, or any other elements on, or made accessible through, the Services;

(c) any Products, services, or instructions offered or referenced at or linked through the Services;

(d) security associated with the transmission of Your User Content and Your Data to ASCD or via the Services;

(e) whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact Your Device);

(f) whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;

(g) whether any defects to the Services will be repaired; and

(h) whether Your use of the Services is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY AN ASCD PARTY, ASCD PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD-PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. ASCD PARTIES FURTHER DISCLAIMS ALL WARRANTIES WITH RESPECT TO COMPLETENESS, VALIDITY, CONSISTENCY, TIMELINESS, AVAILABILITY AND ACCURACY OF ASCD PROPERTY.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions' laws are applicable.

UNDER NO CIRCUMSTANCES WILL ANY ASCD PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

(a) the Services (including the ASCD Property, the User Content and Your Data);

(b) Your use of or inability to use the Services, or the performance of the Services;

(c) any action taken in connection with an investigation by ASCD Parties or law enforcement authorities regarding Your access to or use of the Services;

(d) any action taken in connection with copyright or other intellectual property owners or other rights owners;

(e) any errors or omissions in the Services' technical operation;

(f) any damage to any user's computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction; or

(g) any disputes with one or more Members or other users of the Site or Services (collectively, "Member or User Disputes").

Without limiting the foregoing, to the extent permitted under applicable law, you hereby irrevocably release ASCD and its directors, officers, agents, affiliates, subsidiaries, employees, successors and assigns from, and covenant not to assert against any of the foregoing, any claims, demands or damages, direct, indirect or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any Member or User Disputes.

If you are a California resident, you hereby waive California Civil Code § 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
All of the foregoing limitations of liability pursuant to this Section 13 will apply even if any of the foregoing events or circumstances were foreseeable and even if ASCD Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether You bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to You.

EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ASCD PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID ASCD IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S) DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE TIME SUCH LOSSES OR DAMAGES WERE INCURRED; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY ASCD OR A MANUFACTURER OF A PHYSICAL PRODUCT.

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, ASCD PROPERTY, USER CONTENT, YOUR DATA, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY ASCD (INCLUDING YOUR LICENSED USER CONTENT AND YOUR DATA) OR A LICENSOR OF ASCD.

These Terms (or if applicable Additional Terms), in the form posted at the time of Your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). EXCEPT AS OTHERWISE EXPRESSPY SET FORTH IN THESE TERMS, AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICES MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS ("NEW TERMS") AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, You should review the posted Terms and any applicable New Terms each time You use the Services (at least prior to each transaction or submission). The New Terms will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in other notice to You. However, the Terms (and any applicable Additional Terms) that applied when You previously used the Services will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to You of New Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the e-mail You associated with Your Account for notices, all of which You agree are reasonable manners of providing You notice. You can reject any New Terms by discontinuing use of the Services and related services.

A. ASCD's Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants ASCD a right of consent or approval, or permits ASCD to exercise a right in its "sole discretion," ASCD may exercise that right in its sole and absolute discretion. No ASCD consent or approval may be deemed to have been granted by ASCD without being in writing and signed by an officer of ASCD.

B. Applicable Law. These Terms and any applicable Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the Commonwealth of Virginia, without regard to its conflicts of law provisions.

C. Indemnity. You agree to, and You hereby, defend, indemnify, and hold all ASCD Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any ASCD Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your User Content and Your Data; (ii) Your use of the Services and Your activities in connection with the Services; (iii) Your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services or Your activities in connection with the Services; (v) information or material transmitted through Your Device, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by You; and (vii) ASCD Parties' use of the information that You submit to Us (including Your User Content and Your Data) (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by ASCD Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, ASCD Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. ASCD Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a ASCD Party.

D. Operation of the Services; Availability of Products and Services; International Issues. ASCD controls and operates the Services from its U.S.-based offices in the U.S.A., and ASCD makes no representation that the Services is appropriate or available for use beyond the U.S.A. If You use the Services from other locations, You are doing so on Your own initiative and are responsible for compliance with applicable local laws regarding Your online conduct and acceptable content, if and to the extent local laws apply. The Services may describe Products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Services and/or the provision of any content, program, Product, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in Our sole discretion, and to limit the quantities of any content, program, Product, service, or other feature that We provide. You and We disclaim any application to these Terms of the UN Convention on Contracts for the International Sale of Goods.

E. Export Controls. Software related to or made available by the Services may be subject to export controls of the U.S.A. No software from the Services may be downloaded, exported, or re-exported to any county, or to any person, entity, or end-user subject to U.S. export controls.

F. Government. For U.S. Government procurement, all Services that constitute or include software are deemed to be commercial computer software as defined in FAR 12.212 and DFARS 227.7202, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the software by the U.S. Government will be solely in accordance with the license rights, restrictions and other terms set forth in these Terms.

G. Severability; Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, You agree to waive, and You hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word "including" is used in these Terms or any applicable Additional Terms, the word will be deemed to mean "including, without limitation,". The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.

H. Communications. When You communicate with Us electronically, such as via e-mail and text message, You consent to receive communications from Us electronically. Please note that We are not obligated to respond to inquiries that We receive. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

I. Investigations; Cooperation With Law Enforcement; Termination; Survival. ASCD reserves the right, without any limitation, to: (i) investigate any suspected breaches of the Services security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) investigate any information obtained by ASCD in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any applicable Additional Terms, suspend or terminate Your access to it, in whole or in part, including any user Accounts or registrations, at any time, without notice, for any reason and without any obligation to You or any third-party. Any suspension or termination will not affect Your obligations to ASCD under these Terms or any applicable Additional Terms. Upon suspension or termination of Your access to the Services, or upon notice from ASCD, all rights granted to You under these Terms or any applicable Additional Terms will cease immediately, and You agree that You will immediately discontinue use of the Services. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive Your suspension or termination will survive, including the rights and licenses You grant to ASCD in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

J. Assignment. ASCD may assign its rights and obligations under these Terms, the Privacy Policy, and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by You, and You may not delegate Your duties under them, without the prior written consent of an officer of ASCD.

K. No Waiver. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by You or ASCD in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

L. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all Internet service provider, mobile service, and other services needed for Your access to and use of the Services and You will be responsible for all charges related to them.

M. Notices and Questions. You agree that: (A) We may give You notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Services, or in another reasonable manner; and (B)We may contact You by mail or e-mail sent to the address provided by You. ASCD may give notice by means of an electronic mail to Subscriber's e-mail address on record in ASCD's account information, or by written communication sent by first class mail or pre-paid post to Your address on record in ASCD's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to ASCD (such notice shall be deemed given when received by ASCD) at any time by letter to ASCD delivered by nationally recognized overnight delivery service or first class postage prepaid mail to ASCD, in either case, addressed to:
ASCD
2800 Shirlington Rd, Unit 1001
Arlington, VA 22206 USA

N. Call Monitoring and Recording. For quality assurance, We may record and/or monitor incoming calls to, and outgoing calls from, Us. By accepting these Terms, You also consent to any and all call recording and monitoring performed by Us or Our agents, employees and/or affiliates.

Questions of Additional Information

If You have a question regarding using the Services, You may contact ASCD Customer Support by sending an e-mail to support@ascd.org. You acknowledge that the provision of customer support is at ASCD's sole discretion and that We have no obligation to provide You with customer support of any kind.