AMERICAN SOCIETY FOR QUALITY WEBSITE TERMS OF USE
Last Updated / Effective Date: April 15, 2025
American Society for Quality, ASQ South Asia, ASQ Latin America, and ASQ Excellence Inc. (“ASQ,” “we,” “us,” or “our”) owns and operates asq.org, careers.asq.org, videos.asq.org, and my.asq.org asq.org.in, and asqlaam.org, (together, the “Site”). We have developed the Site to provide you with information about our organization, quality resources, products, and services. For purposes of these Terms of Use (“Terms”), the Site includes our mobile software applications, ASQ-Excellence Through Quality and ASQ Learning (collectively, the “App”).
ACCEPTANCE OF TERMS
THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOU HAVE READ THESE TERMS AND ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING CONTRACT WITH ASQ IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE SITE.
CHANGES TO TERMS
WE MAY MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. IF WE MAKE MATERIAL CHANGES TO THESE TERMS, WE WILL CONSPICUOUSLY POST A NOTICE AT THE TOP OF THESE TERMS, ON THE SITE, OR OTHERWISE COMMUNICATE TO YOU. BY USING THE SITE AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES.
ARBITRATION NOTICE; WAIVER OF CLASS ACTIONS AND JURY TRIAL
BY USING THIS SITE, YOU AGREE THAT THE PARTIES WILL RESOLVE ALL DISPUTES RELATED TO THE SITE AND THESE TERMS BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, MASS ARBITRATION, OR OTHER MASS PROCEEDING. THE PARTIES ALSO WAIVE THE RIGHT TO A JURY TRIAL. PLEASE SEE THE DISPUTE RESOLUTION SECTION OF THESE TERMS FOR MORE INFORMATION.
COOKIES, PIXELS AND OTHER TRACKING TECHNOLOGIES
WE USE COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES, (INCLUDING THOSE PROVIDED BY THIRD PARTIES) (COLLECTIVELY, “ADTECH”) ON OUR SITE. WE USE ADTECH TO COLLECT DATA ANALYTICS INFORMATION, RECORD HOW YOU INTERACT WITH THE SITE AND OUR CONTENT, WHERE YOU DIRECT YOUR MOUSE WHEN USING THE SITE, THE INFORMATION YOU TYPE AND OTHER USER RELATED ACTIVITIES AND TO SERVE YOU WITH TARGETED ADVERTISING.
BY VISITING AND USING OUR SITE, YOU ARE CONSENTING TO OUR USE OF ADTECH AND THAT WE MAY SHARE PERSONAL INFORMATION COLLECTED THROUGH THE USE OF ADTECH WITH OUR THIRD-PARTY ADVERTISING AND ANALYTICS PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE ADTECH ON OUR SITE, PLEASE SEE OUR Privacy Policy.
ONLINE CHAT
YOU CAN CHAT WITH US WHEN VISITING THE SITE to request more information about OUR ORGANIZATION. WE USE Our THIRD-PARTY SERVICE PROVIDER, RING central, TO PROVIDE THE online CHAT FEATURE.
BY USING THE CHAT FEATURE ON THE SITE, YOU CONSENT TO YOUR INFORMATION BEING COLLECTED, USED, AND PROCESSED BY OUR LIVE CHAT PROVIDER ON OUR BEHALF OR USING A THIRD-PARTY AI PROGRAM. We will handle any information we receive when you engage in Live Chat in accordance with our Privacy Policy.
QUINCY AI ASSISTANT
WE make our QUINCY ai assistant available to our members AND REGISTERED USERS for convenience in learning about asq resource content. the QUINCY ai assistant is powered by bettyBOT LLC, who may collect certain usage data and ip addresses of those members interacting with the QUINCY ai assistant. by using the QUINCY ai assistant, you agree not to include any sensitive personal information or confidential information into the QUINCY ai assistant and acknowledge that any information entered into the QUINCY ai assistant, such as in the form of a query, will be processed by bettybOT LLC. any queries or inputs into the QUINCY ai assistant will be handled in accordance with our Privacy Policy.
TERMS
1. USE OF THE SITE
We provide you with the ability to use the Site for your personal use, including to purchase our merchandise, provided you comply with these Terms. You are responsible for payment of charges for all internet and communications services needed to use the Site. You must be at least the age of majority in your place of residence to use the Site or place an order on our Site.
2. PRIVACY POLICY
We collect certain personal information from and about you, including when you use the Site, make purchases, or to otherwise communicate with us. Please see our Privacy Policy for more information on how we collect, use, retain, and disclose your personal information.
3. INTELLECTUAL PROPERTY RIGHTS
ASQ and its licensors are the sole and exclusive owner of the Site. The Site includes the asq.org domain, the content of the Site (including any text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content), and the design, selection, and arrangement of the content on the Site (“Content”).
The Site is protected by copyright, trademark, and other intellectual property laws (“Intellectual Property Rights”). Any unauthorized use of the Site or the related Intellectual Property Rights in the Site belonging to ASQ or any third party is strictly prohibited. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to ASQ, including, but not limited to, authors of certain Quality Progress Magazine articles.
Unless otherwise noted, ASQ and its Intellectual Property Rights are protected under U.S. law and/or the laws of other countries. ASQ trademarks may not be used without our express written consent and may not be used in a manner that disparages or discredits ASQ, causes confusion among customers or be used in conjunction with any products or services that are not ASQ. We will take legal action against individuals using its trademarks or service marks in metatag keywords and/or hidden webpage text and such use constitutes trademark infringement and unfair competition.
Access to the Site does not confer and shall not constitute a license to anyone to use ASQ or any third party's intellectual property rights.
4. ACCOUNTS
Certain features of the Site may require you to create an account with us (“Account”). Creation and use of your Account is governed by these Terms. You agree that any personal information you provide in connection with your Account will be true, current and complete. If ASQ believes the information you provide is not correct, current, or complete, ASQ has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time. When you create an Account, you will be asked to choose a password. You must keep your password confidential. You are responsible for all activities that occur under your Account. If you believe that your Account has been compromised, you must immediately contact us at [email protected].
5. PAYMENT PROCESSING
You may purchase ASQ quality resources from our Site using a credit or debit card, including, but not limited to, books, articles, standards and other written media and materials, training sessions, and certification exams. Payments you make are not processed on our Site and we do not obtain your payment account information when you use those payment methods. All credit and debit card information is provided directly to our PCI-compliant third-party payment processor, Fonteva, and their privacy policy can be found at https://fonteva.com/payments/.
If we cancel your order and your credit card has already been charged for the purchase, we will issue a credit in the amount of the charge. If the payment information you submit is incorrect or invalid, your payment will not be processed. We will not be liable if a card issuer refuses to accept a credit or debit card, or if a payment processor refuses to process a transaction for any reason.
6. CAREER CENTER TERMS
All job applications submitted to the Career Center at careers.asq.org are subject to these Terms. The Career Center is made available for use only by individuals searching for employment (“Job Seekers”) and businesses and other organizations seeking to make job openings available to quality professionals (“Employers”).
Job postings are created and provided by Employers over whom ASQ has no control. You acknowledge and understand that ASQ has no control over the content of job postings, links to or from job postings, or any conditions an Employer might impose once a Job Seeker has submitted an application or left the Site. If you leave the Site and choose to enter an Employer’s website, you accept any terms and conditions imposed by that Employer. Job postings contained on, or linked from, the Site are indexed or posted in an automated manner. ASQ has no obligation to screen any job postings, or to include any job postings, in its search results or other listings, and may exclude or remove any job postings from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that ASQ has no obligation to present you with any or all job postings. We cannot confirm the accuracy or completeness of any job posting or other information submitted by any Employer. ASQ assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any job postings, or other information submitted by any Employer.
7. CERTIFICATION TERMS
We will handle all applications for certification in accordance with ASQ’s Certification Terms found at https://www.asq.org/cert/faq and incorporated herein by reference.
8. COMPLIANCE WITH LAWS
When you use the Site or place orders, you are responsible for complying with all applicable laws, rules, regulations, including our Acceptable Use Policy regarding online conduct set forth in these Terms.
9. ACCEPTABLE USE POLICY
At all times, you must abide by ASQ’s Community Guidelines, located at https://my.asq.org/termsandconditions, incorporated into these Terms by reference. In addition to the Community Guidelines, you must also comply with this Acceptable Use Policy:
a. You will not download, copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site, or any part of the Site, without ASQ prior written consent.
b. You may make personal use of the Site and will not use the Site for any commercial purposes.
c. You will not use the Site for unlawful purposes.
d. You will only provide us with true, accurate, and complete information when you use the Site.
e. You will not submit inaccurate, incomplete, or out-of-date data via the Site, commit fraud or falsify data in connection with your use of the Site, or act maliciously against the business interests or reputation of ASQ or its affiliates.
f. You will not engage in data mining, data scraping or similar data gathering or extraction activities or retrieve data or other content from the Site. You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
g. You will not collect or store information about users of the Site in any manner.
h. You will not use the Site to post, transmit, input, upload, or otherwise provide any software code, data or materials that contain any viruses or malware.
i. You will not engage in activities designed to render the Site, an Account, or any associated computer systems inoperable or to make their use more difficult.
j. You will not attempt to gain unauthorized access to the Site, an Account, or any associated computer systems.
k. You will not use the Site in a manner which is contrary to the purposes for which it was made available to you by ASQ or for any purpose that ASQ deems objectionable.
l. You will not use or incorporate all or a portion of the Service or their Content into any large learning model, algorithmic software program, data set, AI Model or generative AI tool, including, but not limited to, training or using the Content in developing or operating a machine learning or artificial intelligence (“AI”) system or for automated decision making.
10. USER GENERATED CONTENT
You may be able to post certain reviews, comments, photographs or other materials (collectively, “User Generated Content”) in connection with your use of the Site or through social media sites.
You grant ASQ, its affiliates and third-party service providers who provide hosting and content management services to ASQ the perpetual, irrevocable, royalty-free, fully paid, non-exclusive, transferable right and license to use (and to authorize others to use) your User Generated Content in any manner in our sole discretion in any media now or hereafter known.
You grant ASQ the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Generated Content.
By submitting User Generated Content or other information to ASQ you represent and warrant that:
(i) you own or have all legal rights to submit the User Generated Content;
(ii) you have permission from all person(s) appearing in your User Generated Content necessary for ASQ to use such User Generated Content without need for payment to you or any other person or entity;
(iii) you and all person(s) appearing in your User Generated Content are not minors;
(iii) your use of the User Generated Content will not violate the privacy or intellectual property rights of any third party;
(iv) your User Generated Content will not contain personal information or the likeness of another person without their prior express written consent;
(v) your User Generated Content may not include material that is unrelated to the quality resources offered by or available on the Site;
(vi) the User Generated Content may not be false or misleading;
(vii) the User Generated Content may be not libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity or other intrinsic characteristics, or otherwise unlawful; and
(viii) you comply with our Acceptable Use Policy.
(ix) We have no obligation to pay you or any third party any compensation for any User Generated Content, to use or respond to your User Generated Content or to identify you in connection with any such use. We may remove or reject User Generated Content at any time.
11. USER GENERATED CONTENT DISCLAIMER
The User Generated Content represents the views of the user and may not represent the views of ASQ. We do not endorse the User Generated Content. We cannot confirm the accuracy or credibility of any User Generated Content, and we will not be liable to you or any third party for any actions you may take as a result of reading User Generated Content. While we prohibit certain User Generated Content, some people may find such content offensive, objectionable, harmful, inaccurate or deceptive.
We reserve the right to remove any User Generated Content from the Site at our sole discretion. You agree that we have the right to determine whether your User Generated Content is appropriate and complies with these Terms, remove any and/or all of your User Generated Content, and terminate your access to the Site with or without prior notice.
The Site does not, and cannot, pre-screen or monitor all User Generated Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service and with other users.
12. FEEDBACK
ASQ welcomes comments regarding the Site and our services. If you submit comments or feedback to us regarding the Site or our services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you. To the fullest extent allowed by law, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Feedback in any manner, including in connection with our operations.
13. DMCA NOTICE: NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
ASQ will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”) in accordance with the ASQ Copyright Infringement Notification Policy, found at https://asq.org/copyright/copyright-infringement-notification-policy and incorporated into these Terms by reference.
14. SOCIAL MEDIA
We provide links to ASQ social media pages (e.g., Facebook, X (formerly Twitter), LinkedIn, and Instagram) on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our Social Media Pages in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms or the terms of the Social Media Site. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on a Social Media Page, that is not an endorsement of that third party or any product, service or company they represent.
15. JURISDICTION
ASQ is based in the United States. If you choose to access the Site from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations. When we transfer your personal information outside of your jurisdiction or process your activity on the Site, your personal information may be available to government officials in the United States or other countries. Certain governmental authorities may not consider the level of protection of personal information in the United States or in various countries to be equivalent to that required by the in their jurisdictions.
16. DISCLAIMER OF WARRANTIES
The Site is provided to you on an “AS IS” and “AS-AVAILABLE” basis. To the maximum extent permitted by applicable law, ASQ expressly disclaims all express or implied warranties of any kind with respect to the Site, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, course of dealing or usage in trade.
However, ASQ does not warrant or guarantee that the Site will meet your needs, be compatible with any standards or user requirements, the availability of the Site or that the Site will be uninterrupted or error-free, that any defects in the Site will be corrected, or that the Site or the servers that make the site available are free of viruses or other harmful conditions or components. Your use of the Site is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks from using the Site.
ASQ makes commercially reasonable efforts to ensure that the Site contains information that is accurate and reliable. However, we expressly disclaim, and you waive, any liability arising from errors and omissions on the Site including any inaccuracies, typographical errors, or misstatements.
ASQ expressly disclaims all liability for claims that are due to normal wear, product misuse, abuse, product modification, and improper product selection. ASQ has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from ASQ or in any manner from the site creates any warranty.
ASQ expressly disclaims any liability for claims arising from or related to the use of AdTech, AI ASSISTANT or any online chat feature on our Site, including, but not limited to, session replay technology or any other advertising or website advertising or analytics technologies.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ASQ, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, PROFESSIONAL ADVISORS OR LICENSORS (TOGETHER, “ASQ PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (A) ANY EDUCATIONAL RESOURCES PURCHASED FROM THE SITE, (B) THE SITE OR ITS CONTENT, (C) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER DATA INTO THE SITE), (D) USE OF YOUR ACCOUNT, (E) THE USE OF ADTECH, AI ASSISTANT OR ONLINE CHAT ON THE SITE, OR (F) ANY OTHER SUBJECT MATTER OF THESE TERMS, EVEN IF ASQ IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN ASQ PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DAMAGES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THESE TERMS IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR ACCESS TO OR USE OF THE SITE, ADTECH OR CHAT ON THE SITE OR THE SUBJECT MATTER OF THESE TERMS EXCEED $100.00 USD EVEN IF ANY REMEDIES PROVIDED FAIL OF THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
18. INDEMNIFICATION
EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ASQ AND THE ASQ PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS ("CLAIMS") AND AGREE TO PAY ANY LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SITE OR THE USER GENERATED CONTENT; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS WHEN ACCESSING OR USING THE SITE OR THE USER GENERATED CONTENT; (C) ANY ACTIVITY OCCURRING UNDER YOUR ASQ ACCOUNT; (D) YOUR SUBMISSION OF USER GENERATED CONTENT; (E) YOUR MISUSE OF ANOTHER PERSON'S PERSONAL INFORMATION; (F) YOUR INFRINGEMENT OR MISAPPROPRIATION OF ASQ OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; (G) THE PAYMENT METHODS PROVIDED FOR PURCHASES BY YOU; (H) YOUR VIOLATION OF THESE TERMS, OR (I) USE OF ADTECH ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
SOME JURISDICTIONS DO NOT ALLOW FOR INDEMNIFICATION PROVISIONS IN CONSUMER AGREEMENTS THUS THESE INDEMNIFICATION PROVISIONS MAY NOT APPLY TO YOU.
19. TERMS APPLICABLE TO NEW JERSEY CUSTOMERS
No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) merchandise liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. ASQ reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
20. DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY
a. WAIVER OF RIGHTS.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR SITE, USER-GENERATED CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH ASQ WHETHER IN CONTRACT, TORT OR OTHERWISE (“DISPUTE”) EXCEPT THE FOLLOWING:
(i) ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS;
ANY DISPUTE SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.
BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER OF CLASS ACTIONS OR MASS ARBITRATIONS, EACH OF US IS GIVING UP CERTAIN RIGHTS INCLUDING:
- THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY TRIAL. INSTEAD, WE WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS NO JUDGE OR JURY IN ARBITRATION AND THE DISCOVERY AND APPEAL PROCESS IS DIFFERENT.
- THE RIGHT TO PURSUE CLASS ACTIONS, CLASS ARBITRATION OR MASS ARBITRATION, COLLECTIVE OR REPRESENTATIVE CLAIMS.
b. Good Faith Negotiations. We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute, which includes your name, address, email address, phone number and a description of the relief you are seeking (“Dispute Notice”). Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration proceedings as described below.
c. Mutual Arbitration Agreement.
i. Arbitration of Individual Disputes. Any Dispute which cannot be resolved through good faith negotiations, must be pursued through binding arbitration on an individual basis as described in this Section (the “Arbitration Agreement”). The arbitration shall be administered before a single arbitrator.
ii. AAA Proceedings. Either you or ASQ may bring an arbitration proceeding. All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). You may obtain instructions on how to file arbitration with AAA by calling AAA at 1-(800) 778-7897, or online at www.adr.org, or we can assist you in contacting AAA.
iii. Scope of Arbitrator’s Decision Making. The Parties agree that the arbitrator shall decide all Disputes and all related issues excluding: (a) issues expressly reserved for a court decision in these Terms; (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of these Terms; (c) issues that relate to the arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms; (e) issues related to the scope, application and enforceability of the waiver provisions are for the court to decide or (f) whether filing of a demand for arbitration was authorized by a party. All other issues are for the arbitrator to decide.
iv. Final and Binding Decision. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The Parties will bear the costs of the arbitration in accordance with the AAA Rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding.
v. Applicability of the FAA. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act (“FAA”), 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement, and not state law.
vi. Confidentiality. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, subject matter, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
vii. Survival. This Arbitration Agreement provision will survive the termination of these Terms.
viii. Mass Arbitrations. If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA Rules in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by us, you and other claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any party may cease arbitration and file in a court of competent jurisdiction.
ix. Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators. Arbitrators will be selected in accordance with the applicable AAA Rules. The arbitrator will determine the location for each batch proceeding. The Parties agree to cooperate in good faith with each other and with AAA to implement a “batch approach” to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands.
The parties shall cooperate with each other and with AAA to establish any other processes or procedures that will provide for an efficient resolution of any claims. If the Parties cannot agree on a batching process, the parties agree that AAA shall appoint a procedural arbitrator. This “Batch Arbitration” provision shall not increase the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind.
ASQ does not agree or consent to class arbitration, mass arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. The parties agree that this batching provision is critical to this Section. If the batching provision in this Section is found to be invalid, unenforceable or illegal, then this Section shall be null and void, and neither party shall be entitled to arbitrate any claim that is a part of the Mass Filing.
x. Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to an AAA mediator selected from a group of 5 mediators initially proposed by AAA. ASQ and the counsel for the remaining claimants’ have the right to strike one mediator and then rank the remaining mediators and the highest collectively ranked mediator being selected.
The selected mediator is responsible for attempting to resolve the Dispute in the Mass Filing. The Parties will then have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the Parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt out will be provided in writing within 60 days of the close of the Mediation Period. If neither party opt out and they cannot agree to a method for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
xi. Opt Out. If you wish to opt out of this Arbitration Agreement, you must provide us your notice to opt out within forty-five (45) days of the first date you visit or use our site. You must send us a letter stating: “Request to Opt-Out of Agreement to Arbitrate” to:
American Society for Quality
600 North Plankinton Avenue
Milwaukee, WI 53203
If you opt out of this Arbitration Agreement, all other parts of these Terms will still apply to you. This opt out does not apply to the class action waiver.
xii. Modification. If we modify this Arbitration Agreement, you may reject that change by sending us written notice within 30 days of our posting of the change, in which case we will terminate your Account, and you must stop using the Site, your Account, and the User-Generated Content.
xiii. Enforceability. IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.
xiv. Applicable Law. Wisconsin law applies to any arbitration under this Arbitration Agreement, but the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.
21. GOVERNING LAW; VENUE
Except for (a) claims subject to binding arbitration or (b) claims subject to small claims court proceedings, these Terms are governed by the laws of the State of Wisconsin, without regard to its conflict of laws principles. Except with regard to disputes which are subject to arbitration under this Agreement, venue for any other dispute arising under this Agreement is exclusively in the state or federal courts located in Milwaukee County, Wisconsin. You expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.
22. THIRD-PARTY LINKS
Links to third-party websites from the Site are provided solely as a convenience to you. ASQ has not reviewed each site for its content and does not endorse or make any representations about them, or the information, products, materials or software that may be obtained by using them. If you decide to access any third-party website, you do so at your own risk and ASQ shall have no liability arising out of the operation or content of such third-party sites.
23. SITE UNAVAILABILITY
The Site or your Account may be unavailable or limited for various reasons. We shall not be liable to you or to any third party for any such unavailability of the Site, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, pandemics, quarantines, fire, earthquake, strike, and labor shortages, (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
24. SPECIAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE APP STORE OR GOOGLE PLAY
a. Acknowledgement. The App may be available through the Apple App Store or Google Play. You understand that these Terms are between you and ASQ and not with Apple Inc. or Google, Inc. (each an “App Distributor”). ASQ, not an App Distributor, is solely responsible for the App. In the event that the rules and restrictions in these Terms related to your use of the App conflict with the terms and conditions provided by the applicable App Distributor, the applicable App Distributor’s terms shall control:
- Apple App Store Terms of Service: https://www.apple.com/legal/internet-services/itunes/us/terms.html
- Google Play Terms of Service: https://play.google.com/intl/en/about/play-terms/
b. Scope of License. The licenses granted to you for the App in these Terms are solely for use by you on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions.
c. Maintenance and Support. ASQ is solely responsible for providing any App maintenance and you agree that the App Distributor has no obligation to furnish any App maintenance and support.
d. Warranty. ASQ is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in these Terms. In the event the App fails to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be ASQ’s sole responsibility.
e. Product Claims. You and ASQ acknowledge that ASQ, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the App, including any (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) any claim arising under consumer protection, privacy, or similar legislation.
f. Intellectual Property Rights. ASQ, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the App and you must comply with applicable App Distributor terms when using the App.
g. Third-Party Beneficiary. You agree that the App Distributors, and their subsidiaries, are third-party beneficiaries to these Terms as applicable to the App, and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third-party beneficiary thereof.
25. ELECTRONIC COMMUNICATIONS
You represent that any contact information voluntarily provided to us, including, but not limited to, your mailing address, shipping address, email address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to us. If you change or deactivate the phone number you provided when creating your Account, you agree to update your Account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. ASQ is not responsible for these charges.
We may provide you with transactional communications concerning your Account, the services, updates to these Terms or our Privacy Policy or news concerning ASQ, and industry developments.
We may also send communications concerning marketing or promotions run by us or our third-party partners. With your express, written consent, we may send you marketing communications via SMS.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
IF YOU WISH TO OPT OUT OF PROMOTIONAL, OPERATIONAL OR TRANSACTIONAL CALLS OR TEXT MESSAGES, YOU MAY LOG INTO YOUR ACCOUNT AND UPDATE YOUR MARKETING PREFERENCES AT ANY TIME. YOU MAY ALSO RESPOND TO ANY PROMOTIONAL TEXT YOU RECEIVE ON YOUR MOBILE DEVICE WITH THE WORD “STOP”. YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXT MESSAGES OR CALLS AS A CONDITION OF USING THE SERVICES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL SUCH COMMUNICATIONS MAY IMPACT YOUR USE OF THE SERVICES.
26. MISCELLANEOUS 
a. Termination. If you violate applicable laws or these Terms in connection with the use of the Site, you are immediately prohibited from further use of the Site. ASQ may suspend or terminate the Site or your Account, in whole or in part, at any time. ASQ shall not be liable to you or anyone else for any damages arising from or related to ASQ’s suspension or termination of your access to the Site or your Account, or in the event ASQ modifies, discontinues or restricts the availability of the Site or your Account (in whole or in part).
b. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such assignment is immediately void.
c. No Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and ASQ.
d. Entire Agreement. These Terms (including all terms and conditions referenced herein) are the entire agreement between you and ASQ with respect to your access to and use of the Site.
e. No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ASQ.
f. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.
g. Successors and Assigns. These Terms inure to the benefit of ASQ’s successors and assigns.
h. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, or dispute resolution) will continue in effect beyond any termination of these Terms, your Account or of your access to or use of the Site.
i. Electronic Documents. These Terms and any other documentation, agreements, notices, or communications between you and ASQ may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
27. CONTACT US
If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact ASQ with questions or comments regarding these Terms by:
Mail:
American Society for Quality
600 North Plankinton Avenue
Milwaukee, WI 53203
Phone:
North America: 800-248-1946 (Mexico, United States and Canada only)
All other locations: +1-414-272-8575
Email: [email protected]