These terms of use (“Terms of Use”) are an agreement between you and American Society of Employers, a Michigan nonprofit corporation, ("ASE", "we" or "us") and govern your access to and use of the ASE resources. Please read these Terms of Use carefully before using any Resource. By using any Resource, or by clicking to accept these Terms of Use when the option is made available to you, you accept and agree to these Terms of Use.

A. Privacy Policy

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

B. Definitions:

The following terms have these meanings:

C. Your Agreement

Your access or use of the Site in any way, including reviewing, copying, or downloading any Materials, constitutes and confirms your agreement to be bound by the Terms. These Terms govern

You agree that all materials, products, and services provided on this Site are the property of ASE, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the ASE’s intellectual property in any way, including electronic, digital, or new trademark registrations unless expressly permitted by ASE.

You grant ASE a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish.

D. Audiences For and Users of Site

As a user of this Site, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly. We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

E. Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with members, the public at large or with a identified and permitted group (collectively, "Communication Services"). 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 a Communication Service, you will not:

ASE has no obligation to monitor the Communication Services. However, ASE reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ASE reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

F. Nondisclosure by User

As a condition of membership in ASE or usage of this site, you agree that it shall not disclose, copy, loan, share, use or provide ASE or its affiliate companies, data, surveys, services and information to any outside organization. This includes organizations separate and distinct from the member as well as individuals, departments or employers not covered by the terms of ASE membership that may provide products or services to or may receive products or services from the member. Further, any breach of the above understanding is grounds for revocation of membership and its privileges.

G. No Warranties

You expressly understand and agree that, to the extent permitted under applicable law, your use of the Site including any Materials, is at your sole risk, and the Site and Materials are provided on an “as is” and “as available” basis, with all faults. We expressly disclaim all warranties, representations and conditions of any kind, whether express or implied, related to the Site and Materials, including, without limitation, any implied warranties of merchantability, quality, fitness for a particular purpose, non-infringement, or freedom from computer virus.

H. Links to third-party sites

The ASE website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ASE and ASE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ASE is not responsible for webcasting or any other form of transmission received from any Linked Site. ASE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ASE of the site or any association with its operators.

I. Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to ASE that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

J. AI Prohibited Use

1. “Site” means the ASE website;
2. “Materials” or “Submissions” means the documents, commentary, resources (such as surveys, etc.) and other text included on the Site, as they may be, or have been, updated over time;
3. “Members” means all employers who are paying members of ASE and are currently in good standing with ASE;
4. “Nonmembers” means all employers who are not paying members of ASE or are members whose membership has expired and have not yet renewed.
5. “Organization” or “Employer” are words that can be used interchangeably in this document;
6. “Artificial Intelligence” or “AI” means any third-party resources into any form of Artificial Intelligence (AI) tools (e.g., ChatGPT, Gemini, Copilot, or etc.).
7. “Resource” means all content, functionality and services offered on or through the ASE website including all surveys, virtual libraries, member forum and any other content, functionality or services available but not listed;
8. “You,” “yours,” “User” and similar words mean the user of a Resource. If a Resource is used by an individual, for, or on behalf of, an employer:
   • “You,” “yours,” and similar words mean the individual and the organization jointly and severally,
   • the individual binds the organization to these Terms or Use, and
   • the individual represents and warrants to ASE and its licensors that the individual has the authority to bind the organization.
   • the Materials and other resources made available through the Site;
   • the nature of the relationship between you and the ASE; and
   • your use of this Site and Materials.
   • Intended Audience: ASE makes Materials available on the Site for public service and educational purposes. The target audiences are members of ASE or nonmembers who have access to limited resources specifically permitted by ASE;
   • ASE is not a provider of legal services: ASE does not represent or agree to provide any legal services or advice and counsel and strongly recommends that any actions taken through use of the materials on the Site be vetted and cleared by your legal counsel.
   • Not Intended as Legal Advice or Counsel: The Site is neither intended nor designed as providing any legal advice or counsel for any purpose for any user of the site. The purpose is for the user to determine their needs or possible issues and to rely on the advice and counsel of their organization’s legal counsel
   • No attorney-client relationship: Your access or use of the Site or any Materials does not create an attorney-client relationship between you (or, if you are a lawyer, any of your clients) and the ASE.
   1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
   2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
   3. Upload 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;
   4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
   5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
   6. Conduct or forward surveys, contests, pyramid schemes or chain letters;
   7. 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;
   8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
   9. Restrict or inhibit any other user from using and enjoying the Communication Services;
   10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
   11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent; and
   12. Use for any other purpose not identified above that will violate the terms of use or any applicable federal, state or local law.
9. 1. ASE prohibits the use of any AI tool to access ASE intellectual property (“ASE IP”) or licensed partner content including, but not limited to, ASE survey data, reports, compensation data, publications, training materials. 2. It is strictly prohibited unless the user has obtained express written permission from ASE to use any AI tool to create summaries, derivatives, analyses, or AI-generated outputs that rely on or incorporate ASE IP or licensed partner content. 3. Unauthorized use of ASE IP or licensed partner content with AI tools will result in immediate suspension of access to ASE materials, data, resources, or services. ASE may also pursue further legal or contractual action as appropriate, consistent with our agreements with third-party content providers. 4. Any breach of the above is grounds for revocation of membership and its privileges.

   K. ASE Disclosure of information

   ASE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ASE’s sole discretion.

    

   L. User Posting and Uploading on the Site:

   Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

   No compensation will be paid with respect to the use of your Submission, as provided herein. ASE is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ASE's sole discretion.

   By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

   By posting, uploading, inputting, providing or submitting your Submission, you agree that ASE may have access and usage of the Submission for any purpose except as provided under any law or regulation.

   M. Personal Information

   Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ASE does not control or endorse the content, messages or information found in any Communication Service and, therefore, ASE specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ASE spokespersons, and their views do not necessarily reflect those of American Society of Employers.

   N. Relationship

   Nothing in these Terms, our making available the Site and Materials, or your use of the Site and Materials, creates or results in a partnership, fiduciary, co-counsel, or similar relationship between you and us for any purpose.

   O. Liability Disclaimer

   THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ASE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

   ASE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ASE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS 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 ASE 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 THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASE 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 THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

   P. Applicable law

   By visiting this website, you agree that the laws of Michigan, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between ASE and you, or its business partners and associates.

   Q. Disputes

   Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court of Michigan and you consent to exclusive jurisdiction and venue of such courts.

   R. Indemnification

   You agree to indemnify ASE and its affiliates and hold ASE harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.

   S. Waiver

   If we do not immediately take action to address a violation of these Terms, we are not waiving our rights to take action in the future.

   T. Severability

   If any particular provision of these Terms is found to be unenforceable, that provision will be severable and will not affect any of the other provisions.