Last Updated: March 22, 2024
Thank you for submitting your organization’s diversity, equity, and inclusion (“DEI”) materials and, if applicable, your organization’s logo (collectively, the “Materials”) to the Have You Heard site (the “Site”). Your Materials submission is governed by these DEI Materials Submission Terms (the “Terms”). Please do not submit any Materials to the Site if you do not agree with or cannot comply with the Terms.
In these Terms, “you” and “your” refer to (a) you, the individual accessing the Site, and (b) the Organization (defined below); and “ASHA”, “we”, “us” or “our” refers to American Speech-Language-Hearing Association. “Organization” refers to the organization or business entity on whose behalf the individual is lawfully acting when submitting the Materials though the Site.
These Terms constitute a contract between you and ASHA. By clicking “yes” below you accept these Terms.
By submitting the Materials to the Site, you hereby grant to ASHA a nonexclusive, irrevocable, worldwide, sublicensable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, and use, in any way now known or in the future developed, such Material or any portion thereof.
You are solely responsible for updating or removing the Materials from the Site if any part of the Materials become obsolete, substantially revised by the Organization, non-compliant with applicable legal requirements, or no longer valid for any reason.
To update or remove the Materials, please contact ASHA at haveyouheard@asha.org.
You are submitting the Materials to the Site at your own risk.
You agree that ASHA may, in its sole discretion, display the Materials or any portion thereof on the Site, and permit third parties to access, share, replicate, modify, or disseminate the Materials (excluding the Organization’s logo) at their discretion.
You agree that ASHA may, in its sole discretion, choose to not use the submitted Materials or any portion thereof, or choose to remove Materials previously displayed.
You agree to permit ASHA to display the Organization’s logo, if submitted as a part of the Materials, on ASHA’s social media accounts and in connection with ASHA’s marketing efforts.
To update or remove the Organization’s logo from the Materials, please contact ASHA at haveyouheard@asha.org.
You represent and warrant to ASHA as follows:
ASHA reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms.
YOUR SUBMISSION OF THE MATERIALS THROUGH THE SITE IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ASHA OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (“ASHA PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE OR ANY OTHER INJURY OF ANY KIND, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR SUBMISSION OF THE MATERIALS TO THE SITE, THE SECURITY OF THE MATERIALS, SITE OR ANY ASSOCIATED SYSTEMS, OR THE USE, COPYING, DISPLAY, OR MODIFICATION OF THE MATERIAL BY ASHA OR ANY THIRD PARTY.
IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF THE ASHA PARTIES SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IF ANY OF THE ASHA PARTIES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE ASHA pARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.
You agree to indemnify and hold harmless the ASHA Parties from and against all liabilities, expenses (including attorneys’ fees), damages and costs arising out of or related to your submission of the Materials to ASHA or your breach of these Terms, including any third-party claim of libel, defamation, violation of rights of privacy or publicity, and the infringement of intellectual property rights or other rights.
ASHA will notify you of any claim for which ASHA seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to ASHA’s interests, as reasonably determined by ASHA at its sole discretion.
These Terms are governed by the laws of the State of Maryland, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Maryland in all disputes arising out of or relating to the use of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ASHA as a result of these Terms.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms shall continue in effect.
These Terms constitute the entire agreement between you and ASHA with respect to your submission of the Materials to ASHA. The Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ASHA with respect to the subject matter of these Terms.
Notices given by ASHA to you will be given by a general posting on ASHA's website or by an e-mail, if an e-mail address is available. Notices to ASHA must be given by an email; haveyouheard@asha.org.
ASHA may assign these Terms, in whole or part, in its sole discretion.