Privacy and terms of use

Last updated: November 1, 2023

Contents:

Introduction
Ability to Accept Terms of Service
User Accounts
Submissions for Publication
License and Ownership of Articles and Related Content
No Endorsement
Ownership of Services
Use of ASCI’s Online Tools and Services
Impermissible Acts
Violation of these Terms
Modifications to the Services and Terms of Use
External Links
Notification of Claims of Infringement
Disclaimer of Warranties
Indemnification; Limitation of Liability
Special Considerations for International Use
Termination; Suspension; Disposition of your Data
Contact Us
General Terms

1. INTRODUCTION

These Terms of Use (“Terms”) are a contract between you and the American Society for Clinical Investigation (“ASCI,” “us,” “we,” and/or “our”) and govern access to and use of websites owned and operated by ASCI (https://www.the-asci.org/, https://www.jci.org/, https://insight.jci.org/ and other websites that reference these Terms, collectively referred to as the “ASCI Sites”) by various ASCI Site visitors and users (“you,” “your”) through which ASCI strives to support the scientific efforts, educational needs, and clinical aspirations of physician-scientists to improve the health of all people (collectively, with the ASCI Sites, the “Services”).

These Terms hereby incorporate by this reference the Privacy Policy located at https://www.the-asci.org/ (“Privacy Policy”) and any additional updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these Terms as “Additional Terms”). Except as otherwise indicated, any reference herein to the “Terms” shall include the Privacy Policy and Additional Terms.

Please read these Terms carefully. By (1) creating an account, (2) providing information to us (by any means, whether in correspondence, feedback, journal or manuscript submissions, via the ASCI Sites, or otherwise), (3) signing these Terms, or (4) accessing the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. You “sign” and accept these Terms by clicking “I agree” on the account creation screen or signing an applicable order form, proposal, statement of work, or other separate legal agreement that specifically references these Terms.

If you do not agree with these Terms or our practices, you may not use our Services or access the ASCI Sites.

2. ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either (1) more than 18 years of age, or (2) more than 13 years of age and either (a) an emancipated minor, or (b) possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

3. USER ACCOUNTS

To access certain features of the Services, you may be required to create a user account. You will promptly update all account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your account, username, and password and therefore you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your username or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your username and/or password if we believe that your account is no longer secure. You will not: (a) provide any false information as part of your account information; (b) create an account for anyone other than yourself; (c) create or use more than one account at any given time; (d) transfer your account to anyone else; (e) permit others to use your account; or (f) use or access other persons’ accounts. You agree that we shall not be responsible for any losses incurred in connection with any misuse of or failure to secure passwords, nor shall we have any responsibility whatsoever for your failure to comply with this Section.

4. SUBMISSIONS FOR PUBLICATION

By submitting peer reviews, articles for publication, or other content for posting on the ASCI Sites (each, a “Submission”), you agree to (a) comply with these Terms and any ASCI guidelines and policies made available to you on the ASCI Sites (including those listed in Section 4, below, for The Journal of Clinical Investigation and JCI Insight), (b) provide any information required by ASCI during or as part of the submission process, and (c) obtain all necessary written authorization, consents, and permissions as may be required for compliance with applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like, including privacy laws, governing the privacy and security of personal information, to enable you to provide the Submissions posting on the ASCI Sites. You are responsible for all Submissions that you submit for posting or publication on the ASCI Sites.

You acknowledge and agree that any Submission submitted by you to the ASCI Sites may be available for viewing, rating, review, and comment by the public. You acknowledge and agree that, once submitted by you and made accessible to users, ASCI shall have no obligation to remove, delete, or disable access to any Submission made by you, or to return any Submission to you. You retain your intellectual property rights to any Submission, unless it is accepted for publication, subject to the exceptions in Section 5 below.

ASCI will determine in its sole discretion whether to publish your Submission and we reserve the right not to publish anything that does not meet our standards, guidelines or policies. Submissions for publication must not have been previously published works.

5. LICENSE AND OWNERSHIP OF ARTICLES AND RELATED CONTENT

Submissions accepted for publication by ASCI on the ASCI Sites will be referred to hereafter as “Articles.” Such Articles are licensed by ASCI or the respective authors for use and distribution by you, subject to citation of the original source in accordance with these Terms.

Articles published under a CC BY license will clearly indicate the license that governs its use. To determine what uses of these Articles do not require further permission from ASCI, see https://creativecommons.org/licenses/by/4.0/legalcode (for content published under the CC BY license).

You may not alter or remove any trademark, copyright, or other notice from copies of the Article. Any copies, in whole or in part, must include the associated license information or copyright notice.

The Journal of Clinical Investigation (JCI)

The JCI is an open access journal in which all Articles are freely available without charge to the user or their institution. Effective with the January 4, 2022 issue of the JCI, all Articles are published via the Creative Commons Attribution License (CC BY 4.0).

While all Articles are freely available, the JCI’s publisher and owner (ASCI) retains all rights, including all intellectual property rights, title and interest to many Articles in the JCI published prior to January 4, 2022, and some use of an Article to which ASCI holds rights, including all intellectual property rights, title and interest, may require permission. Permission can be obtained via Copyright Clearance Center.

In compliance with National Institutes of Health Public Access Policy, the JCI deposits published Articles in PubMed and PubMed Central. Authors of Articles published in the JCI do not need to deposit their Articles separately. JCI Insight is compliant with policies of Plan S signatories including HHMI, Wellcome, and UK Research and Innovation (UKRI).

Reprints can be obtained by contacting journal staff at reprints@the-jci.org.

Users are allowed to read, download, print, search, and link to the full texts of the Articles under the “fair use” limitations of US copyright law (detailed at http://www.loc.gov/copyright/title17/).

Please see the “Download citation information” link under “Article Tools” for each Article for guidance on proper citation format. For example, see this citation page for the JCI Article Amyloid precursor protein–mediated endocytic pathway disruption induces axonal dysfunction and neurodegeneration.

JCI Insight

JCI Insight is an open access journal in which all Articles are freely available without charge to the user or their institution. Effective with the August 20, 2020, issue of JCI Insight, all Articles are published via the Creative Commons Attribution License (CC BY 4.0).

While all Articles are freely available, JCI Insight’s publisher and owner (ASCI) retains all rights, including all intellectual property rights, title and interest to many Articles in JCI Insight published prior to August 20, 2020, and some use of an Article to which ASCI holds rights, including all intellectual property rights, title and interest, may require permission. Permission can be obtained via Copyright Clearance Center.

In compliance with National Institutes of Health Public Access Policy, JCI Insight deposits published Articles in PubMed and PubMed Central. Authors of Articles published in JCI Insight do not need to deposit their Articles separately. JCI Insight is compliant with policies of Plan S signatories including HHMI, Wellcome, and UK Research and Innovation (UKRI).

JCI Insight is registered with Securing a Hybrid Environment for Research Preservation and Access (SHERPA/RoMEO).

Please see the “Download citation information” link under “Article Tools” for each Article for guidance on proper citation format. For example, see this citation page for the JCI Insight Article Histone deacetylase inhibitor panobinostat induces calcineurin degradation in multiple myeloma.

6. NO ENDORSEMENT

ASCI does not endorse any Submission, Article, or any opinion, recommendation, or advice expressed therein, and ASCI expressly disclaims any and all liability in connection with such Submissions, Articles, or any opinion, recommendation, or advice expressed therein,.

7. OWNERSHIP OF SERVICES

Unless otherwise explicitly indicated elsewhere in these Terms (for Submissions and Articles containing a CC BY license which are discussed in Section 5, above), all rights, including all intellectual property rights, title and interest in and to the material contained in the Services, including without limitation, the text, software, scripts, graphics, photos, sounds, videos, and the like and the trademarks, service marks, and logos contained therein belongs to ASCI or its licensors. You acknowledge and agree that the Services, and any necessary software used in connection with the Services, may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Services code and specifications are subject to their stated or implied licenses. The trademarks and other elements appearing in the Services are protected by US, and international copyright, trade dress, patent, and trademark laws, international conventions and other relevant and applicable laws.

8. USE OF ASCI’S ONLINE TOOLS AND SERVICES

You represent, warrant, and agree that:

you will comply with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like, including privacy laws and intellectual property laws.
you have sufficient right, title, interest in and to, the comments, peer reviews, manuscripts and other research outputs you submit and have obtained all necessary written authorization, consents, and permissions as may be required for compliance with applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like, including privacy laws, governing the privacy and security of personal information, to enable you to provide the comments, peer reviews, manuscripts and other research outputs to ASCI for our intended use in accordance with these Terms.

You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the ASCI Sites or the Services.

9. IMPERMISSIBLE ACTS

As a condition to your use of the Services, you agree not to (nor shall you authorize or assist any person to do, any of the following):

Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic or offensive; or that infringes another’s rights, including any intellectual property rights;
Interfere with or otherwise disrupt any of the ASCI Sites or Services, the operation or proper functioning of the ASCI Sites or Services, or any person’s use of or access to the ASCI Sites or Services.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or obtain, collect, store or modify personal information about other users;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
Modify, adapt or hack the Services or falsely imply that some other site is associated with the ASCI Sites or ASCI;
Use the Services for any illegal or unauthorized purpose.
Use the Services for any purpose or in any manner not specifically authorized by these Terms;
Make copies, distribute, republish, download, display, post, or transmit any portion of the ASCI Sites or Services, except as expressly permitted herein for Submissions and Articles;
Create or recreate the source code for, or re-engineer, reverse engineer, decompile, or disassemble the Services that are computer software;
Modify or create derivative works from or based upon any part of the Services, or combine or merge any part of the Services with or into any other software, document, or work, except as expressly permitted herein for Submissions and Articles;
Refer to or otherwise use any part of the Services as part of any effort to develop a product or service having any functional attributes, visual expressions, or other features or purposes similar to those of the Services;
Remove, erase, or tamper with any legal notices, credits, copyright, trade names, logos, color schemes, service marks, slogans, other proprietary or trademark notice, or similar means of identifying products or services (collectively, the “Marks”) displayed, printed or stamped on, affixed to, or encoded or recorded in the Services, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to ASCI’s rights in the Services;
Sell, market, license, sublicense, distribute, rent, loan, or otherwise grant to any third party any right to possess or utilize any portion of the Services, except as expressly permitted herein for Submissions and Articles; or
Use the Services to gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized under these Terms.

10. VIOLATION OF THESE TERMS

You acknowledge that ASCI has no obligation to pre-screen or monitor your access to or use of the Services or any information, materials or other content provided or made available through the Services, but has the right to do so. You hereby agree that ASCI may, in the exercise of ASCI’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms or that is otherwise objectionable.

If you violate any guideline listed above, any other user guidelines posted on the ASCI Sites, or any provision of these Terms, or ASCI believes that any of your conduct or content is offensive or illegal, violates the rights of, harms, or threatens to harm third parties, or may create liability for ASCI or third parties, ASCI reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing content from the Services, notifying the appropriate authorities regarding the source of such content, cooperating with law enforcement authorities in prosecuting users who have participated in such violations, barring you from accessing the Services, and terminating your account. Without limiting our rights and your limitations under these Terms, if you use, or attempt to use the Services, the Marks or our copyrighted materials for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.

11. MODIFICATIONS TO THE SERVICES AND TERMS OF USE

ASCI reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You agree that ASCI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

These Terms were published on the date “Last updated” above.

ASCI reserves the right to change these Terms by posting changes on this page of the ASCI Sites. By using the Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms to which you are bound.

12. EXTERNAL LINKS

The Services may provide links to other websites or resources. You acknowledge and agree that ASCI is not responsible for the availability of such external sites or resources, and that ASCI does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Your business dealings with any third-parties through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that ASCI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

YOUR USE OF EXTERNAL SITES OR RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH EXTERNAL SITES OR RESOURCES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH EXTERNAL SITES OR RESOURCES).

13. NOTIFICATION OF CLAIMS OF INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send to us a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

If you believe that a creative work that you or an entity you represent owns has been used on the ASCI Sites in violation of copyright laws, and you want to request that the material be taken down, please contact us. Notices and counter-notices with respect to copyright infringement claims must be sent in writing to the ASCI’s Executive Director as follows: By mail to 2015 Manchester Road, Ann Arbor, MI, 48104, USA; by e-mail to staff@the-asci.org; or by fax to 734-222-6058.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

14. DISCLAIMER OF WARRANTIES

YOUR USE OF THE ASCI SITES, SERVICES, OR ANY WEBSITE TO WHICH THE ASCI SITES LINK IS AT YOUR SOLE RISK. THE ASCI SITES, SERVICES, AND THEIR CONTENT ARE PROVIDED FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASCI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ASCI SITES, SERVICES, OR THEIR CONTENTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT RELATING TO THE ASCI SITES, THE SERVICES, THEIR CONTENT, OR ANY WEBSITE TO WHICH THEY ARE LINKED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASCI OR THROUGH OR FROM ASCI SITES, THE SERVICES, THEIR CONTENT, OR ANY WEBSITE TO WHICH THEY ARE LINKED SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

15. INDEMNIFICATION; LIMITATION OF LIABILITY

You agree to indemnify and hold ASCI, and its suppliers, contractors, subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the ASCI Sites, Services, your violation of these Terms, your violation of any rights of another, or any breach of the foregoing representations, warranties and covenants. You are solely responsible for your actions when using the Services, including, but not limited to, costs incurred for Internet access. ASCI reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

IN NO EVENT SHALL ASCI OR ITS EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, SUBSIDIARIES, AFFILIATES, OFFICERS, CO-BRANDERS, OR OTHER PARTNERS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, USE, LOSS OF OR DAMAGE TO DATA, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR OTHER INTANGIBLE LOSSES), WHETHER ARISING IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, SHOULD HAVE ANTICIPATED, OR IN FACT KNEW OF THE POSSIBILITY THEREOF ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE USE OF THE ASCI SITES, THE SERVICES, THEIR CONTENT, OR ANY WEBSITE WITH WHICH ASCI SITES ARE LINKED. IN NO EVENT SHALL THE ASCI OR ITS EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, SUBSIDIARIES, AFFILIATES, OFFICERS, CO-BRANDERS, OR OTHER PARTNERS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY ANYONE. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THESE TERMS.

TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ASCI OR ITS EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, SUBSIDIARIES, AFFILIATES, OFFICERS, CO-BRANDERS, OR OTHER PARTNERS FOR ANY REASON AND UPON ANY CAUSE OF ACTION ARISING FROM OR RELATED TO THESE TERMS, THE USE OF THE ASCI SITES, THE SERVICES, THEIR CONTENT, OR ANY WEBSITE WITH WHICH ASCI SITES ARE LINKED, IN CONTRACT, STRICT LIABILITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY ($250) US DOLLARS. THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THESE TERMS.

THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE ASCI SITES, THE SERVICES, THEIR CONTENT, OR ANY WEBSITE WITH WHICH ASCI SITES ARE LINKED, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THESE TERMS, THE USE OF THE ASCI SITES, THE SERVICES, THEIR CONTENT, OR ANY WEBSITE WITH WHICH ASCI SITES ARE LINKED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

16. SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE

The Services are hosted in the United States and backup servers may be located outside of the United States. If you visit from the European Union or other foreign jurisdictions, please note that (i) we make no representations or warranties that the information, products or Services contained on the ASCI Sites are appropriate for use or access or is available in other jurisdictions; and (ii) these jurisdictions have laws governing data collection and use that may differ from your country’s applicable privacy laws. You should be aware that if you transfer personal information to us through the Services, you are transferring such information to the United States and the United States does not have the same data protection laws as the European Union and some other regions or countries. By providing personal information to us, you consent to the transfer of it to the United States and the use of it in accordance with the Privacy Policy.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

17. TERMINATION; SUSPENSION; DISPOSITION OF YOUR DATA

These Terms will remain in full force and effect while you use the ASCI Sites, the Services, or maintain an account. We may terminate these Terms or terminate or suspend your use of the Services or ASCI Sites at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Services or ASCI Sites will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Upon termination of your access to, and use of, the Services or ASCI Sites, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services or ASCI Sites.

Any provision of these Terms which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms, will survive the termination or expiration of these Terms and continue in full force and effect thereafter.

18. CONTACT US

If you have a question or complaint regarding the ASCI Sites, the Services or these Terms, please contact us by e-mail to staff@the-asci.org. You may also contact us in writing by mail at ASCI, 2015 Manchester Rd, Ann Arbor, MI 48103, USA. Please note that e-mail and chat communications will not necessarily be secure; accordingly you should not include personal information in your e-mail correspondence with us.

19. GENERAL TERMS

Nothing contained herein shall be deemed to create any agency, partnership, joint venture, or other relationship between the parties or any of their affiliates, and neither party shall have the right, power, or authority under these Terms to create any duty or obligation on behalf of the other party. These Terms constitute the entire agreement between you and ASCI and govern your use of the Services, superseding any prior agreements between you and ASCI (including, but not limited to, any prior versions of the Terms) and any prior representations by ASCI. These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflicts of law principles and venue for all disputes in respect of or arising out of these Terms or the transactions contemplated hereby shall be exclusively in the federal or state courts of record sitting in Wayne County, Michigan. The parties expressly consent to the jurisdiction and venue of such courts and waive any claim that any such court is or would be an inconvenient forum. The failure of ASCI to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against ASCI and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms for convenience only and have no legal or contractual effect.