Terms of Use

These Terms of Use (the “Agreement”) are a binding agreement between you and the American Psychological Association (collectively, “APA”, “we,” “us,” or “ours”) that governs your use of the websites, mobile applications, and other services operated by APA where this Agreement is posted (collectively, the “Sites”). For avoidance of doubt, the Sites include APA forums, including but not limited to the APA Community platform (community.apa.org) (the “APA Community”), which is available to APA members (“Members”).

By using the Sites (other than for the purpose of reviewing this Agreement), you expressly represent that you are above the age of majority in your jurisdiction of residence, are legally competent to enter into this Agreement, and agree to be bound by all the terms of this Agreement. If you do not agree to be bound by this Agreement, you may not use the Sites. You can always review the most current version of this Agreement on the Sites.

If you are using the Sites as an employee or otherwise on behalf of a business or other legal entity (each a “Business User”), you represent and warrant that you have the authority to bind the Business User to this Agreement. If you do not have such authority, or if you or the Business User does not agree to any terms of this Agreement, you may not use the Sites. If you are entering into this Agreement on behalf of a Business User, the terms “you” or “your” in this Agreement refer to both you and the Business User you represent, unless context requires otherwise.

Certain areas, features, or functionality of the Sites may be subject to different or additional terms, rules, guidelines or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Terms may conflict with this Agreement. In the event of such a conflict, the Additional Terms will control. Any reference to the “Agreement” herein includes the Additional Terms.

Important notice: Please note the arbitration requirement and class action waiver set forth below in section 21, which, subject to some limited exceptions, requires you to arbitrate claims you may have against us on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity.

The Sites are intended to provide information that may be of interest or value to psychology professionals. Importantly, the Sites are provided for general informational purposes only. The Sites are not intended to provide medical, tax, legal, accounting, financial, or any other type of professional advice to any person. While the Sites may contain research, perspectives, and other information on matters related to psychological conditions and treatments, the business aspects of psychology practices, and other related content, such information is general in nature, does not take into account the specific circumstances of any individual, and does not necessarily represent the views or opinions of APA.

If you are a psychology professional, you hereby agree and acknowledge that you have full responsibility for the care and well-being of your patients and that nothing contained on the Sites shall diminish that responsibility. You are responsible for establishing procedures, as you deem appropriate in your professional judgment, to verify the accuracy of any information provided on the Sites before relying on such content.

Further, all users of the Sites acknowledge and agree that, by providing the Sites, APA is not providing medical advice, rendering medical or other health care services, or engaged in the practice of medicine. You agree that APA shall not be liable to any party for that party’s actions or failure to act based on information found on the Sites. The contents of the Sites are not intended to be, and should never be treated as, a substitute for the advice of a qualified health care professional. You should never delay in obtaining medical advice or disregard medical advice because of something you have or have not read on the Sites. Instead, you should always consult with a qualified health care professional for medical advice or information about the diagnosis and treatment of any condition. If you are experiencing a medical emergency, you should not rely on any information on the Sites and should seek appropriate emergency medical assistance immediately, such as by calling “911”.

All users of the sites agree that any reliance on the contents of the sites is done entirely at their own risk.

The Sites and their content, information, communications, software, photos, text, videos, graphics, music, sounds, images, and other material, services, features, and functionalities, and the design, selection, and arrangement thereof (collectively, the “Content”), is owned by APA or by licensors of APA. You agree and acknowledge that the Content is protected by patent, copyright, trademark, and other intellectual property and proprietary rights laws.

We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Sites for personal, non-commercial use, and subject to this Agreement. This license is available to you as long as you are not barred from the Sites by applicable law and your access is not terminated by us. If this Agreement are not enforceable where you are located, you may not use the Sites. APA reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Under this license, you may download information from the Sites and print out a hard copy for your personal, non-commercial use, provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Except as otherwise expressly stated herein, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any other way exploit the Sites and/or any of the Content, in whole or in part. Further, without the prior written permission of APA, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Sites, or incorporate any intellectual property of the Sites, APA or any of its licensors into another website or other service.

You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

Certain portions of the Sites are reserved for Members (“Member Service Areas”). In order to obtain access to Member Service Areas, you must be a current Member and have created an account or profile (each an “Account”). You may be required to create additional Accounts beyond your membership Account to access certain Member Service Areas. For example, Members are eligible to participate in the APA Community, but must create an Account on the APA Community service in order to access this Member benefit.

You agree to provide truthful and accurate information during the Account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your Account and suspend your use of any and all of the Sites. Further, during the process of creating certain Accounts, you may be invited to include a self-description or other content that will be visible to other users of the relevant service. Please do not share any information in response to such prompts that you do not want to be publicly visible.

You agree that you are responsible for maintaining the confidentiality of your Account credentials and for any activity that occurs as a result of your enabling or permitting another person or entity to use your Account. You agree to immediately notify us in the event that your Account credentials are lost or stolen or you become aware of any unauthorized use of your Account or of any other breach of security that might affect the Sites. APA is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

If your APA membership expires, APA shall be free to delete any of your Accounts and any information therein, and you agree that APA shall not have any liability or other obligation to you or any third party in connection with any such actions.

By consenting to APA’s SMS program (the “Program”) via one of our dedicated web forms, you are agreeing to receive recurring text messages regarding marketing offers, transactional matters (including related to your membership and account), and any other matters related to the Sites or your membership, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent to the Program is not a condition of APA membership.

If you wish to stop from receiving text messages from APA, reply with STOP to any text message sent from us. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP in response to any of our messages or reach out to us at the contact information provided in this Agreement.

We have the right to modify any telephone number or short code we use to operate the Program at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Program.

Please carefully review the APA Privacy Policy prior to using the Sites. The terms and conditions of the Privacy Policy are hereby incorporated by reference herein.

By using the Sites, you agree to not use the Sites in any manner that:

• Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
• Interferes with or disrupts the Sites, services connected to the Sites, or otherwise interferes with operations or services of the Sites in any way;
• Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Causes APA to lose (in whole or in part) the services of our Internet service providers or other suppliers;
• Links to materials or other content, directly or indirectly, to which you do not have a right to link;
• Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, bigoted, or likely to be considered offensive by other users;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
• Violates, or encourages anyone to violate, this Agreement; or
• Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.

(the foregoing being “Prohibited Conduct”). APA shall have the right—but, to be clear, not the obligation—to monitor, evaluate, and analyze any use of and access to the Sites to determine compliance with this Agreement.

Certain aspects of the Sites may permit you to upload, post, email, or otherwise transmit content, data, information, or other materials (collectively, “User Content”) for display on the Sites or otherwise.

You will retain ownership of any intellectual property rights that you have in your User Content. However, in exchange for the opportunity to use the Sites, when you submit any User Content to or through the Sites, you automatically grant, or warrant that the owner of such content has expressly granted, APA a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or part) on a worldwide basis and in any form, media, or technology now known or later developed in perpetuity. We may sublicense these rights through multiple tiers of sublicenses.

User Content shall not be deemed confidential and APA shall not have any obligation to keep any such material confidential. You are responsible for any User Content that you upload, post, email, or otherwise transmit using the Sites, and acknowledge that, once published, we cannot always remove it. Likewise, you are responsible for complying with all third-party rights with respect to User Content shared by other users and, as such, agree not to download, reproduce, display, transmit, or otherwise use or exploit the User Content of other users in violation of any such third party’s rights.

If you provide APA with ideas, suggestions, or other feedback regarding the Sites, the content of the Sites, or products or services on the Sites (collectively, “User Feedback”), you agree that such User Feedback shall be deemed nonconfidential and that APA shall be free to use or exploit the User Feedback without limitation.

User Feedback is considered a type of User Content under this Agreement, as such, shall be licensed to APA under the terms set forth in Section 9 of this Agreement. This means that APA is free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works from, and distribute any User Feedback to others without limitation, and to authorize others to do the same. Further, APA shall be free to use any ideas, concepts, know-how, or techniques contained in your User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products, services, and other items incorporating the User Feedback. APA shall not be liable or owe any compensation to you or any third party in connection with its use or disclosure of User Feedback.

From time to time, APA may provide message boards, chat features, and/or other forums for the purpose of facilitating information sharing and user engagement on certain topics (collectively, “Forums”) on the Sites. The APA Community is an example of a Forum. Some or all of the Forums may be Member Access Areas, meaning they are reserved for Members only. All terms of this Agreement apply to Forums, even when the Forum is hosted on a third-party platform. Content posted by users in Forums is considered User Content under this Agreement and, as such, is licensed to APA under the terms set forth in Section 9 of this Agreement.

In addition to the Prohibited Conduct set forth in Section 6 of this Agreement, when participating in Forums, you agree to comply with the following rules (“Forum Rules”): APA Forum Rules.

If other Forum users conduct themselves in a way that you believe violates the Forum Rules or otherwise violates this Agreement, please report such conduct by using the applicable report function within the Forum (if available) or otherwise contact APA at contract information provided in Section 25 of this Agreement.

You understand and acknowledge that APA assumes no responsibility to screen or review User Content or other Content that is originated by parties other than APA (“Third-Party Content”), including all content posted by users in Forums. As such, Third-Party Content has not necessarily been reviewed or approved by APA, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any such content. Any views or opinions expressed in Third-Party Content belong to the party with whom the content originated and not to APA. Your reliance on any Third-Party Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any Third-Party Content, including your reliance on any such content.

At the same time, APA shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, moderate, edit, or remove any Third-Party Content that is available on or submitted to the Sites. APA expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Third-Party Content review. You acknowledge and agree that you assume all risk associated with the use of any and all Third-Party Content.

By using the Sites, you represent and warrant that you have all the rights necessary to receive, use, transmit, and disclose all data that you use in any way in connection with the Sites. You further represent and warrant that you and your employees’ and agents’ use of the Sites and of any data input into or generated by the Sites shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights.

The Sites permit users to engage in financial transactions (“Transactions”), including the purchase of memberships and merchandize. APA only engages in Transactions with adults. If you are under the age of majority in your jurisdiction of residence, you may not make a purchase or provide any information to APA. If you wish to make a Transaction on the Sites, you will be asked to supply certain information, including, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information (as applicable). You represent and warrant that you have the legal right to use any payment card or other payment method utilized in connection with any transaction.

You further agree to provide current, complete, and accurate information for all Transactions initiated on the Sites. You agree to promptly update your account and other information, as applicable, so that we can complete your Transaction and contact you as needed. By submitting any information in connection with a Transaction, you grant to APA the right to provide such information to third parties for purposes of facilitating the completion of the Transactions. Verification of information may be required prior to the acknowledgment or completion of a Transaction.

APA’s acknowledgement of a Transaction means that your Transaction request has been received; it does not mean that your Transaction request has been accepted, that your order has shipped (if applicable), or that the price or availability of the product or service has been confirmed. We reserve the right to refuse service, terminate accounts, or cancel or modify Transactions in our sole discretion and shall have no liability to you other than issuing a refund, if applicable. Without limiting the foregoing, we may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include Transactions initiated by or under the same customer account, the same credit card, and/or Transactions that use the same billing and/or shipping address. If we make a change to or cancel a Transaction, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the Transaction was initiated or otherwise on file for you.

Purchase of our merchandise for resale purposes is not authorized. We reserve the right to limit or prohibit Transactions that, in our sole judgment, appear to be initiated by unauthorized dealers, resellers or distributors, and to cease doing business with such users, with no further notice.

You agree to pay all charges that may be incurred by you or on your behalf through the Sites, at the price in effect when such charges are incurred including, without limitation, all shipping and handling charges (if applicable). You remain solely responsible for any taxes that may be applicable to your Transactions. Further, it is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item or service purchased from the Sites. By initiating a Transaction, you represent that the relevant products or services will be used only in a lawful manner. Any offer for any product or service made on the Sites is void where prohibited. Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Sites passes to the purchaser upon delivery to the carrier.

Transactions may be subject to Additional Terms, including terms and conditions related to the automatic renewal of services and the recurring nature of charges (“Autorenewal Terms”). Please carefully review any Autorenewal Terms and any other applicable Additional Terms before initiating the Transaction. 

We use commercially reasonable efforts to ensure that the colors, design, and details of the products available on the Site are displayed accurately. However, there may be information on the Sites that contains typographical errors, inaccuracies, or omissions and they may relate to product descriptions, pricing, promotions, offers and/or availability. Certain products displayed on the Sites may have limited quantities and may not always be available.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Sites at any time and without prior notice (including after you have initiated a Transaction), at our sole discretion. In the event that any errors, inaccuracies, or omissions affect a Transaction that you have already initiated, your sole remedy is to cancel, return, or exchange your order, if available and in compliance with any applicable APA policies. The prices displayed on the Sites are quoted in U.S. Dollars, and are subject to change without notice.

Similarly, we strive to display the colors, font types, design, and other such details of our products as accurately as possible, but we cannot guarantee that all aspects of the products, as displayed by your monitor, will be accurate, and we assume no responsibility whatsoever for such difference in color, design, and details. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. If a product offered on the Sites is not as described or pictured, or otherwise does not meet your expectations, your sole remedy is to return or exchange the product, if available and in compliance with any applicable APA policies.

The Sites may include links to other websites. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement by APA with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site, and that APA is not responsible in any manner (including with respect to any loss or injury you may suffer) for any matter associated with any linked sites, including the content provided on or through any linked sites or your reliance thereon. APA makes no representations or warranties with respect to any linked site. Your use of any linked site is done solely at your own risk. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.

Unless otherwise specified, the materials, information, products, and services available on the Sites are solely available in and applicable to the United States (including its territories, possessions, and protectorates). APA makes no representation that the Sites, including the Contents and the products and services available on the Sites, are appropriate or available for use outside the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Certain aspects of the Sites, such as software on the Sites, may be subject to the export control and economic sanctions laws of the United States (“Export Control Laws”). Notwithstanding any other provision of this Agreement, no aspect of the Sites may be downloaded or accessed in or released, exported, or re-exported to any country or jurisdiction or to any person in violation of any Export Control Laws, and you agree that you will otherwise comply with all applicable Export Control Laws.

You agree to defend, indemnify, and hold APA, its subsidiaries, affiliates, officers, directors, employees, and agents, harmless from and against any third-party claim, action, or demand (“Claim”) and all liabilities and settlements related thereto (including reasonable legal and accounting fees) resulting from, or alleged to have resulted from, your misuse of the Sites or any breach by you of this Agreement. APA shall provide notice to you of any Claim subject to indemnification by you and shall, as reasonably necessary, cooperate with you, at your expense, in your defense of any such Claim. That being said, we reserve the right, at our expense, to assume exclusive defense and control of any Claim subject to indemnification by you, and you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.

The word marks APA and American Psychological Association and our logo are trademarks owned by APA. Other trademarks on the Sites are owned by APA or its affiliated entities or are used with the permission of their respective owners. You agree not to use any trademarks of APA or that are otherwise displayed on the Sites without the prior written consent of APA or the owner of such mark.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2) (“DMCA”), APA’s designated agent for notice of alleged copyright infringement is:

legal@apa.org
202-336-5500

If you believe that material on the Sites violates your copyrights, you may submit a copyright infringement claim under the DMCA (a “Notification”) by contacting our agent designated at the contact information above. In the subject line of your message, please include “Re: Claim of Copyright Infringement.”

To be effective, the Notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a Notification, we may remove the allegedly infringing content from the Sites and give notice to the relevant user by means of a general notice on the Sites, an email to the user’s address in our records, or a written communication sent by first-class mail to the user’s physical address in our records.

If you receive such a notice and believe that the content in question has bee removed as a result of mistake or misidentification, you may provide a response to the Notification (a “Counter-Notification”) in writing to our designated agent. To be effective, the Counter-Notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of account holders who are repeat infringers.

You and APA agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of this Agreement or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

• Notice to APA: You must send notice (1) by electronic mail to legal@apa.org and (2) by first-class or certified mail to American Psychological Association, ATTN:  Office of General Counsel, 750 first Street NE, Washington DC 20002-4242.
• Notice to You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) or (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.

Both you and APA agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

If any dispute cannot be resolved by the above dispute resolution procedure, you agree that such dispute will be decided by binding arbitration on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right to have a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, collective, or representative capacity. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/), but only if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. For the avoidance of doubt, you and APA agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Notwithstanding the foregoing, in lieu of arbitration either you or APA may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.

You and APA agree that this Agreement and the relationship between you and APA will be governed by the laws of the United States (including federal arbitration law) and the District of Columbia, without giving effect to any conflict of laws principles. Except for claims properly lodged in a small claims court in the United States, any Disputes not subject to the arbitration provision discussed above shall be resolved in the state and federal courts located in the District of Columbia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.

You and APA acknowledge that this Agreement evidences a transaction involving interstate commerce. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

We reserve the right to modify this Agreement at any time. When we do so, we will update the “Effective Date” above. In our sole discretion, we may also provide notice of updates to this Agreement by other means that we deem reasonable. Regardless of any other notice provided to you (or the lack thereof), by continuing to use the Sites (or any portion thereof) after we post any revisions to this Agreement and update the “Effective Date,” you accept this Agreement, as modified.

We shall have the right to immediately terminate this Agreement with respect to any user which we, in our sole discretion, consider to be in breach of this Agreement. The following provisions shall survive the termination of this Agreement: This section; Sections 2, 3 (except for license granted to you), 4, 8, 9, 10, 11, 12, 13, 17, 19, 22, 23, and 25; and any other provisions of this Agreement that, either explicitly or by their nature, must remain in effect even after termination of this Agreement.

We also may change, restrict access to, suspend or discontinue the Sites, or any portion of the Sites, at any time and at our sole discretion, with or without notice. You understand, acknowledge and agree that APA will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Sites. Relatedly, you understand and agree that APA may from time to time establish and revise practices and limitations concerning the Sites and your use of the Sites. You agree that APA shall have no liability for the deletion or failure to store any messages and other communications or other Content or User Content maintained on the Sites or transmitted using the Sites.

A. Interpretation

In this Agreement, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections in this Agreement are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. Any limited or specific disclaimers or limitations of liability found in this Agreement shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability in the Agreement.

B. Entire Agreement

This Agreement constitutes the entire agreement between you and APA with respect to your use of the Site. 

C. Severability

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

D. No Waiver

The failure of APA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition.

E. Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction.

F. No Relationship

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and APA.

G. Notice to California Residents

You may reach APA at the contact information provided below in Section 25 of this Agreement. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

If you have any questions, comments or concerns about the Sites or this Agreement, please contact us at legal@apa.org or 1-800-374-2721 or 202-336-5500 from anywhere. You may also mail us directly: American Psychological Association, 750 First Street NE, Washington D.C. 20002 Attn: Office of General Counsel.

© American Psychological Association 2024