Terms of Use

This Agreement describes the terms and conditions ("Terms") pursuant to which you may access and use any of the American Nuclear Society ("ANS") Web sites including, without limitation, any site containing the URL ans.org, and any other web sites operated by the ANS (collectively referred to as the "ANS Web sites") from time to time. Please read this Agreement carefully as well as ANS's Privacy Policy, which is incorporated herein by reference. Your use of the ANS Web sites constitutes your binding acceptance of these Terms, including any modifications we may make. If you do not agree to these Terms and the Privacy Policy, you must immediately terminate use of the ANS Web sites.

In consideration of ANS granting you access to the ANS Web sites, you hereby agree to the following:

1. Modification of the Terms and the ANS Web sites; Disclosure of Information. ANS reserves the right at its sole discretion to change, modify, add or remove portions of these Terms at any time without notice or liability, and such modification shall become effective upon posting on the ANS Web sites. Your use of any ANS Web site following any such modification shall be conclusively deemed to be your acceptance of such modification. ANS reserves the right to disclose aggregated information about use of the ANS Web sites to the public or media, or more specific data that you separately and specifically agree that ANS can disclose. ANS may change, suspend or discontinue any aspect of the services provided at the ANS Web sites at any time without notice or liability, including the availability of any feature, blog, database or other content.

2. Use of Content; Intellectual Property Rights. The ANS Web sites contain a combination of content that ANS creates, that its partners create, and that its users create. All materials published on the ANS Web site including but not limited to text, images, video, graphics and multimedia files ("Content") are protected by all applicable intellectual property laws, including without limitation copyright and trademark laws, and owned by ANS or the party credited as the provider of the Content. All rights in the Content are expressly reserved by the applicable copyright and trademark owner. All ANS trademarks, service marks, and membership marks ("ANS Marks") appearing on the ANS Web sites are the property of ANS, and all rights in the ANS Marks are reserved. Members of ANS using the collective membership mark or any other ANS Mark are bound by and should refer to the rules and regulations governing use of those ANS Marks to ensure proper usage. You may not sublicense, transfer or otherwise make any Content available to any third party for commercial purposes or financial gain or use the Content in any other media or in any other location other than as permitted under these Terms.

3. Educational and Information Use. The information provided on the ANS Web sites is for educational and informational purposes only. The information should not be construed as a recommendation by ANS for any course of action.

4. License; Restrictions; No Unlawful or Unauthorized Use. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the ANS Web sites conditioned on your continued acceptance of, and compliance with, these Terms. As a condition of your use of the ANS Web sites and the Content, you warrant that all such use is solely for your noncommercial personal use and for no other purpose, and that you will not use the ANS Web sites or the Content for any unauthorized or illegal purpose or activity. ANS reserves the right to bar, restrict, suspend, or terminate any user's access to the ANS Web sites, and/or terminate this license at any time for any reason. ANS reserves any and all rights not explicitly granted in these Terms. Unless otherwise expressly stated in these Terms, or unless you receive ANS's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or hard copy), the ANS Web sites, any Content, or any portion thereof.

5. Passwords and Account Security. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the ANS Web sites. You further agree that you will be solely responsible to ANS for all activities that occur under your account. If you become aware of any unauthorized use of your password or your account, you agree to notify ANS immediately at askanything@ans.org.

6. Use of Communication Services. The ANS Web sites may contain forums, communities, and/or other message or communication facilities (collectively, "Communication Services") designed to enable you to communicate with ANS, the public at large or with a group.

a. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using Communication Services, you will not:

• Advertise, endorse, or offer to sell or buy any goods or services for any commercial or business purpose;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• Publish, post, upload, distribute or disseminate any inappropriate, offensive, threatening, vulgar, sexually explicit, abusive, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information;
• Upload Content or files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents and authorizations;
• Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
• Harvest or otherwise collect information about others without their consent, including without limitation information about ANS members from the online member directory;
• Engage in or promote any anticompetitive conduct or inappropriate conversations or conduct that could have anticompetitive effects or could constitute a restraint on trade;
• Violate any applicable laws or regulations.

b. ANS has no obligation to monitor the Communication Services. ANS reserves the right but not the obligation to refuse, move, or remove, at any time for any reason and in ANS's sole discretion, Content posted or uploaded by you to any of the ANS Web sites. By way of example and not of limitation, ANS may remove content that, in ANS's sole discretion, does not comply with the Terms or any of the items listed above under subsection "a".

c. Individual sections of the ANS Web sites may have additional rules and regulations specific to the subject matter being covered in that section. You agree to abide by the rules and regulations of individual sections on the ANS Web sites.

d. All Content provided by you or any other party other than ANS must identify the party who provided that Content. Anonymous posting or uploading of any Content is strictly prohibited.

e. If you upload Content to any of the ANS Web sites, you agree to the following:

• You agree to indemnify and hold harmless ANS, its officers, directors, employees, and agents, from any and all liability, damages or expenses whatsoever due, directly or indirectly, to any cause of action arising out of the Content posted by you;
• You warrant and represent that you either own or otherwise control all of the rights to that material, including without limitation, all the rights necessary for you to provide, post, upload, input, or submit the material, or that your use of the material is a fair use as defined by applicable law;
• You grant ANS, its partners, and third-party licensees a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, and aggregate your material with other content, create derivative works of and publicly perform that content for any purpose on and through each of the services provided by any ANS Web site. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed;
• You acknowledge that no compensation will be paid with respect to the use of your Content, as provided herein.

f. ANS disclaims responsibility and liability for the Content and opinions expressed by others on any of the ANS Web sites including, but not limited to, Content or opinions regarding any products or service mentioned on any ANS Web site. Views expressed using the Communication Services are not necessarily those of the ANS.

7. Reprints. Reprinting Content from Nuclear News, Radwaste Solutions, Fusion Science and Technology, Nuclear Science and Engineering or Nuclear Technology shall be subject to the reprint policy for those publications.

8. Claims of Copyright Infringement. It is ANS's policy to promptly process and investigate notices of alleged copyright infringement, and to take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA"). If you believe that your intellectual property rights have been violated by ANS or by a third party who has uploaded Content on one of our Sites, please provide the following information to the ANS-designated copyright agent listed below:

a. A description of the copyrighted work or other intellectual property that you claim has been infringed;

b. A description of where the material that you claim is infringing is located on an ANS Web site;

c. An address, a telephone number, and an e-mail address where ANS can contact you and, if different, an e-mail address where the alleged infringing party, if not ANS, can contact you;

d. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;

f. Your electronic or physical signature.

g. ANS may request additional information before removing any infringing material. ANS may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.

h. ANS expects all users of the ANS Web sites to comply with applicable copyright laws. However, if ANS is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. ANS will follow the procedures outlined in the DMCA with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, "putback" of the alleged infringing material.

i. If you believe your copyright-protected material is being used on any of the ANS Web sites without permission, please notify:

Office of the Executive Director
American Nuclear Society
1111 Pasquinelli Dr., Suite #350
Westmont, IL 60559
708-352-6611

9. RSS and Syndication. ANS blogs and certain other ANS Content are syndicated for RSS aggregation. You have permission to subscribe to any or all ANS-offered RSS feeds via an RSS reader.

10. Linked Sites. The ANS Web sites may contain links to other Internet sites operated by third parties. These links are provided as a convenience to access the information contained therein, and the inclusion of any link does not imply endorsement by ANS of the site or any association with its operator. ANS expressly disclaims any responsibility or liability for the content of any other site. You should direct any concerns regarding any external link to the site administrator or webmaster of such other site.

11. Liability Disclaimer. ANS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON ANY OF THE ANS WEB SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ANS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ANY OF THE ANS WEB SITES, WITH THE DELAY OR INABILITY TO USE ANY OF THE ANS WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH ANY OF THE ANS WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF ANY OF THE ANS WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANS (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ANY OF THE ANS WEB SITES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ANS WEB SITES.

12. Your dealings with advertisers and third-party vendors found on or through the ANS Web sites, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. ANS does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and you agree that ANS will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on the ANS Web sites. You acknowledge that such third-party sites usually have their own terms and conditions, including privacy policies, over which ANS has no control and which will govern your rights and obligations with respect to the use of those sites.

13. As part of the registration process to use certain portions of the site, including but not limited to "members-only" areas of the ANS Web sites, you may select a user name and/or password. You may change your password at any time in accordance with the procedure on the ANS Web sites. You agree that you are exclusively responsible for maintaining the security of your password. You agree to provide ANS with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your access to the ANS Web sites.

14. ANS reserves the right, but not the obligation, to send electronic mail to any and all users of the ANS Web sites for the purpose of informing them of changes or additions to the ANS Web sites or any related services or products. Your registration on the ANS Web sites constitutes your consent to receive such electronic mail unless it is subject to any right you may have to opt-out of receiving said messages and you have opted out as provided for in ANS's Privacy Policy.

15. The ANS Web sites include numerous discussion venues for ANS members, other nuclear science and technology professionals, and members of the general public interested in nuclear science and technology. All use of these discussion venues and other social media on the ANS Web sites is governed by these Terms.

16. Choice of Law; Venue. To the maximum extent permitted by law, this Agreement, its Terms, and use of the ANS Web sites are governed by and will be interpreted under the laws of the State of Illinois, United States of America, without reference to conflicts of laws and without regard to the location of execution or performance of this Agreement. You hereby agree that any and all disputes which may arise and any litigation that may arise from such disputes will be litigated before a court located in the State of Illinois, County of Cook, U.S.A., to the exclusion of the courts of any other country, state or county.

17. General Legal Terms. Use of the ANS Web sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ANS with respect to the ANS Web sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ANS with respect to the ANS Web sites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that ANS may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, or postings on the ANS Web sites. You agree that if ANS does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ANS has the benefit of under any applicable law), this will not be taken to be a formal waiver of ANS's rights and that those rights or remedies will still be available to ANS.