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TERMS AND CONDITIONS OF USE

THESE TERMS OF USE constitute an agreement ("Agreement") made between ASI Government, Inc. (hereafter referred to as ASI) and any person accessing ASI's website ("You") with respect to Your use of ASI's website(s) (the "Site"). You agree to abide by all of the terms contained in this Agreement as a condition of your continuing to access, view or use the Site. This Site and any of its services are provided subject to compliance with these terms and conditions of use. ASI and You are collectively referred to as the parties.

This agreement is a contract with the US Government and becomes effective when signed by the contractor and the GSA Contracting Officer as an addendum to the Contract. Ordering activities placing orders against the ID/IQ contract are subject to this agreement as a term of the ID/IQ contract. This EULA (or TOS) shall bind the government, subject to federal law. This agreement shall not operate to bind a government employee or person acting on behalf of the government in his or her personal capacity.

  1. Site Description

    1. Description. The Site is proprietary to ASI and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not made available unconditionally to you. Subject to the terms and limitations set forth in this Agreement, ASI agrees to provide you with a personal, non-transferable and non-exclusive right to access, view, use and link to the Site.
    2. Accessibility. You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which ASI may undertake from time to time; or (iii) causes beyond the control of ASI, whether or not foreseeable.
    3. Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for Your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.
    4. Linking. You may link to the Site only by means of a hypertext link (a Hypertext Reference or "HREF"), the most fundamental hyperlink, achieved through use of a piece of text which is differentiated from regular text onscreen by a special color or formatting, such as underlining. HREF simply directs the reader from information displayed on Your Site to information displayed on this Site subject to the limitations set forth in Section 4 below. Operationally, when a user clicks on a hypertext link, its browser terminates its link to Your Site and establishes a new connection with this Site. Such HREF's display Contents from only one Site at a time, and Your Site does not copy the Contents from this Site. The hypertext links permitted under this Section may not incorporate textual or graphical materials from this Site and may not be used to engage in unfair trade practices, such as passing off, misappropriation of goods and services, false advertising and trade libel. ASI reserves the right, in its sole discretion, to revoke any right granted under this Agreement generally or to you specifically to link to the Site.
  2. Limitations

    1. Security. You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the Contents that you transmit to the Site. Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). ASI will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that ASI considers insecure, ASI will be entitled to require the password to be changed and/or terminate your account.

      You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ASI reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. ASI reserves the right to investigate suspected violations of these Terms of Use.
    2. Privacy. ASI takes the issue of privacy on the Internet very seriously. To view our Privacy Policy, click here. ASI will not collect, monitor, edit, or disclose any personal information about You, including Your use of the Site, without Your prior consent or other than as stated in our Privacy Policy. You have no expectation of privacy with respect to the Internet generally or this Site in particular except as stated in our Privacy Policy.
    3. Nature of Site Contents. ASI makes information available on this Site as a service to our subscribers and other users for informational purposes only and is not legal advice of any kind. The materials on this Site (the "Contents") are not intended to create any relationship between ASI and You or anyone else. Any such relationship must be expressly created between ASI and You by means of direct, interpersonal contact between you and ASI or by your becoming a subscriber or other authorized user. While this Site may assist you, in the course of your employment you should not act (or refrain from acting) based solely or primarily upon information in this Site without obtaining professional advice regarding your particular facts and circumstances.

      The Contents are not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by ASI. You should use the Contents in the same manner as any other educational medium and should not rely on the Contents to the exclusion of your own judgment. You are urged to consult the original and governing statutory and regulatory source materials that govern federal procurement, not rely on our summaries or guidance provided through this Site. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your purposes. All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and ASI does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.
    4. Confidentiality of Information Transmitted to ASI. You also should be aware that if you send messages to ASI (or any of its staff, employees, agents or representatives) through Internet electronic mail or through the ASI Site, such means are not secure, and ASI does not guarantee the confidentiality of such communications. ASI does not agree to accept and/or maintain the secrecy of any unsolicited information you send to ASI except if a relationship currently exists between us. No such relationship is created unilaterally by your sending to ASI any information you consider to be confidential. The creation of a confidential relationship is only by means of ASI's formal, express agreement. However, ASI cannot guarantee the confidentiality of correspondence through Internet electronic mail or through the ASI Site.
    5. Confidentiality of Password-Protected Areas of this Site. When You access, as a subscriber or authorized user, areas of this Site that are password protected, You acknowledge and agree that such Contents are confidential and proprietary information of ASI or other third party content providers notwithstanding that some of such Contents may otherwise be publicly available through other sources. ASI provides password protected services only on a subscription and confidential basis subject to its Subscription Agreement or other applicable agreement.
    6. Changes. ASI reserves the right to change, modify, add or remove any portion of this Site or applicable Terms of Use, in whole or in part, at any time in our sole and absolute discretion. Any such changes will be posted on this Site. Your continued use of this Site after any changes are made, shall be deemed your acceptance of the changes. Any clause of this agreement claiming that one party to the agreement may change any terms unilaterally is of no effect when the end user is an instrumentality of the US Government.
    7. Hyperlinks. This Site may be hyperlinked to other sites which are not maintained by, or related to, ASI. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or ASI. ASI has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at your own risk, and ASI makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this Site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by ASI of that site.
    8. Submissions. You hereby grant to ASI the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Contents, remarks, suggestions, ideas, graphics, or other information communicated to ASI through this Site or provided by ASI to You in providing You with any services, whether or not as a subscriber of any services or otherwise available from this Site, (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed subject in all instances, however, to any governmental rights in any Submission that may apply including, without limitation, as applicable, a paid-up, nonexclusive, irrevocable, worldwide license to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly the Submission. ASI will not be required to treat any Submission as confidential, and may use any Submission in it business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future ASI operations. Notwithstanding the foregoing, to the extent any Submission falls within either (i) the scope of the Privacy Policy, it shall be treated in accordance with the ASI Privacy Policy and/or (ii) resides in a partitioned portion of the Site provided to you as a customized service that restricts access only to your authorized users, ASI will use reasonable efforts to maintain, but does not warrant or guaranty, that any such Submissions will remain confidential. Your use and posting of your confidential information on any such partitioned area is entirely at your discretion and risk and you release ASI from all liability, responsibility and/or damages resulting, now or in the future, from the misappropriation and/or misuse of any confidential information you post on the Site.
    9. Disclaimer. You understand that ASI cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. ASI does not assume any responsibility or risk for your use of the Internet.
    10. U.S. Government Restricted Rights/Limited Rights Notice. The Contents and this Site were developed solely at private expense, and may only be accessed by You under a governing Subscription Agreement or other applicable agreement for use of ASI's online information services, e.g., Virtual Acquisition Office(TM)("VAO"), Applied Learning Online™, COTR Toolkit, or otherwise. You may not use, modify, duplicate, or disclose the Contents on behalf of or by the United States Government or for any other purpose except in accordance with the terms of the Subscription Agreement, or, if and as applicable, under the Restricted Rights clause or Limited Rights clause of the Government Contract under which the ordering agency has obtained access to the Site and Contents or as otherwise expressly stated such Government Contract. All rights not expressly granted are reserved by ASI. Contractor/Manufacturer is ASI Government, Inc., 1655 North Fort Myer Drive, Suite 1000, Arlington, Virginia 22209.

      THIS SITE AND ASI GOVERNMENT'S ONLINE INFORMATION SERVICES CONTAIN CONFIDENTIAL INFORMATION AND TRADE SECRETS OF ASI GOVERNMENT, INC. USE, DISCLOSURE, OR REPRODUCTION IS PROHIBITED WITHOUT THE PRIOR EXPRESS WRITTEN PERMISSION OF ASI GOVERNMENT, INC.
  3. Copyright

    The Site, its text, visual imagery, and website design are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The Contents of the Site are only for your personal, informational and noncommercial use. Contents contained on the Site are protected by copyright and are owned or controlled by ASI or the party credited as the provider of the Contents. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site or in any pertinent Subscription Agreement. No right to use, copy, publish, transmit or modify the copyrighted Contents, message or non-literal elements of the Site including, without limitation, its "look and feel" is granted to You; all such rights are reserved exclusively to ASI.
  4. Prohibited Uses

    You are solely responsible for any and all of your acts and omissions that occur when using the Site, and you agree not to engage in unacceptable or unauthorized use of the Site or its Contents.

    You may not post, send, submit, publish, or transmit in connection with this Site any material that:

    • You do not have the right to post, including proprietary material of any third party;
    • transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
    • consists of unsolicited messages, chain letters or unsolicited commercial e-mail;
    • advocates illegal activity or discusses an intent to commit an illegal act;
    • to a reasonable person may be abusive, obscene, pornographic, indecent, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
    • does not pertain directly to this Site;
    • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening or offensive;
    • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
    • infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
    • violates any law or may be considered to violate any law;
    • impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
    • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
    • solicits funds, advertisers or sponsors;
    • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
    • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
    • includes MP3 format files;
    • amounts to a "pyramid" or similar scheme;
    • disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
    • contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
    Further, you may not:

    • engage in deep-linking, in-line linking, or framing of any Contents of the Site without ASI's prior express, written permission;
    • engage in systematic or other retrieval or copying of data or other information or materials from this Site or any of its Contents to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ASI, by use of scrapers or other tools or otherwise,
    • permit or fail to prevent any third party (e.g., agents, consultants, or contractors) to engage in inappropriate or unauthorized use of the Site or its Contents; or
    • engage in any other activity deemed by ASI to be in conflict with the spirit or intent of these Terms of Use.
  5. Termination

    Recourse against the United States, if any, must be made under the terms of the Federal Tort Claims Act or as a dispute under the contract disputes clause (Contract Disputes Act) as applicable. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.
  6. Disclaimer of Warranties

    THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SITE IS AT YOUR SOLE RISK. ASI GOVERNMENT DOES NOT WARRANT THAT THE SITE, ITS FUNCTIONS OR CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES ASI GOVERNMENT MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE. ASI GOVERNMENT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE. ACCURACY, OR NON-INFRINGEMENT, IN RELATION TO THE SITE. THE MATERIALS ON THIS SITE ARE PROVIDED AS GENERAL INFORMATION ONLY - AND ARE NOT PROMISED, REPRESENTED OR GUARANTEED TO REFLECT THE MOST CURRENT DEVELOPMENTS IN ANY FIELD. ASI DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS ARE COMPLETE, ACCURATE OR UP-TO-DATE. NOR IS ASI GOVERNMENT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE, AND REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY ASI.

    ASI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENTS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENTS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ASI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT ASI GOVERNMENT, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENTS. ASI GOVERNMENT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENTS WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENTS.
  7. Limitation of Liability

    UNDER NO CIRCUMSTANCES SHALL ASI BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR OTHER ECONOMIC LOSS FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE INCLUDING PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ASI GOVERNMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. IN NO EVENT SHALL ASI'S TOTAL LIABILITY EXCEED THE TOTAL AGGREGATE VALUE OF THE ORGANIZATION'S CONTRACT OR ORDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITE.

    ASI DOES NOT CONTROL, NOR CAN CONTROL, THE FLOW OF DATA TO OR FROM INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS PROVIDERS AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY SUCH THIRD PARTIES MAY PRODUCE SITUATIONS IN WHICH A PARTY'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) MAY BE IMPAIRED OR DISRUPTED AND ASI GOVERNMENT CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, ASI DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. ASI SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY BE SUFFERED BY YOU OR ANY SUCH THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITIES, LOSSES OR DAMAGES OF ANY AND EVERY NATURE, RESULTING FROM THE LOSS OF DATA, INABILITY TO ACCESS THE INTERNET, OR INABILITY TO TRANSMIT OR RECEIVE INFORMATION, CAUSED BY, OR RESULTING FROM, DELAYS, NON-DELIVERY, OR SERVICE INTERRUPTIONS WHETHER OR NOT CAUSED BY THE FAULT OR NEGLIGENCE OF ASI. ASI SHALL NOT BE RESPONSIBLE FOR THE WEB SITE'S NOT BEING ACCESSIBLE ON THE INTERNET DUE TO CIRCUMSTANCES NOT IN THE DIRECT CONTROL OF ASI SUCH AS, WITHOUT LIMITATION, YOUR AND/OR ASI'S EQUIPMENT CAPABILITIES AND/OR LIMITATIONS OR INTERNET SERVICE PROVIDER LIMITATIONS. ASI SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR UNAUTHORIZED USE AND/OR DISSEMINATION OF ANY DATA, WHETHER AS A RESULT OF DEFEAT OF DATA SECURITY, MISAPPROPRIATION OR MISUSE OF PASSWORDS, OR ANY OTHER CAUSE NOT IN THE DIRECT CONTROL OF ASI INCLUDING, WITHOUT LIMITATION, ANY USE OF THE SITE BY ANY THIRD PARTY TO WHOM YOU HAVE GIVEN ACCESS AS AN AUTHORIZED USER OR OTHERWISE (E.G., ANY CONTRACTOR), WHETHER OR NOT ACTING ON YOUR BEHALF.
  8. Trademarks

    Trademarks, service marks, and logos appearing in this Site are the property of ASI or the party that provided the trademarks, service marks, and logos to ASI. ASI and any party that provided trademarks, service marks, and logos to ASI retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.
  9. Reservation of Rights

    ASI reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of Your Submissions. You acknowledge and agree that neither ASI nor any third party that provides content to ASI will assume or have any liability for any action or inaction by ASI or such third party with respect to any Submission.

    ASI reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing ASI to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ASI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ASI OR LAW ENFORCEMENT AUTHORITIES.
  10. Digital Millennium Copyright Act

    You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. ASI has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims ("Designated Agent").

    You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:

    Greg Dunn
    ASI Government, Inc.
    1655 North Fort Myer Drive
    Suite 1000
    Arlington, VA 22209
    (703) 253-6555
    FAX (703)562-1949
    E-mail: gdunn@asigovt.com

    Please be aware that, in order to be effective, Your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. S 512(c) (3)) before sending your claim.

    Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

    Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
  11. Opt-out Rights

    You may be contacted by ASI by e-mail or other forms of direct mail or telemarketing. However, you may "opt-out" of receiving such communications by sending an e-mail to ASI and electing "No Direct Mail" and "No Telemarketing" options. If you do not want any notices of enhanced services or offerings from ASI, ASI will remove you from the lists used by ASI for e-mail, direct mail or telephone solicitations.
  12. Miscellaneous

    1. Independent Contractors. The parties and their respective personnel are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
    2. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
    3. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
    4. Notice. Except as provided in Section 11 above regarding notices under the DMCA, all notices shall be in writing and shall be deemed to be delivered when sent by e-mail to either parties' last known e-mail address. You hereby consent to notice by e-mail. Notwithstanding the foregoing, you may remove your name and e-mail address from any correspondence sent by ASI by notifying ASI in writing that you are opting out of any future correspondence from ASI. All e-mail addresses obtained by ASI through this Site will be treated strictly in accordance with the ASI's Privacy Policy.
    5. Law. This Agreement shall be governed by applicable federal law.
    6. Forum. To the extent permissible under applicable law, all actions, claims or disputes arising under or relating to this Agreement shall be brought in a federal court in the District of Columbia or the Commonwealth of Virginia. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by a federal state court in the District of Columbia or the Commonwealth of Virginia. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by a federal court in the District of Columbia or the Commonwealth of Virginia and to the laying of venue of any such suit, action or proceeding brought in any such federal court in the District of Columbia or the Commonwealth of Virginia. When the end user is an instrumentality of the US Government, the following shall apply: This is a contract with the US Government and is subject to the Federal Acquisition Regulation. Venue and jurisdiction of any disputes are determined by the applicable federal statute (federal tort claims act, contract disputes act, etc.).
    7. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this Section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by a federal court of the District of Columbia or Commonwealth of Virginia.
    8. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
    9. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action in its respective sovereign capacity, acts of war, terror, civil unrest, labor disputes, acts of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
    10. Survival. The terms and provisions of Sections 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 shall survive any termination or expiration of this Agreement.
    11. Entire Agreement. Any contract under which any agency orders the VAO service expressly incorporates the Subscription Agreement and the Terms of Use of ASI's web site. Acceptance thereof is ASI's condition to providing Subscriber and its Authorized Users access to the site and service. YOU HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING TERMS & CONDITIONS OF USE SET FORTH IN THE ABOVE AGREEMENT.




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