Terms of Use

 

American Psychiatric Association (www.psychiatry.org)

TERMS AND CONDITIONS OF USE
AMERICAN PSYCHIATRIC ASSOCIATION WEB SITES

By accessing or using any of the American Psychiatric Association ("APA") Internet properties including, without limitation, www.psychiatry.org, healthyminds.org, dsm5.org, psychfoundation.orgworkplacementalhealth.org any APA chat rooms, social media sites, or any other electronic means of communication or information exchange, now in existence or which come into existence in the future (collectively referred to as the "APA Web sites") you agree to comply with and be bound by these Terms and Conditions of Use ("Terms of Use") Please read these Terms of Use carefully as well as APA's Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you may not access or use the APA Web sites.

You may print or save a copy (PDF) of these Terms of Use for your records.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the APA Web sites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the APA Web sites and the APA Content (as defined below) for your noncommercial personal use and for no other purpose. APA reserves the right to bar, restrict or suspend any user's access to the APA Web sites, and/or to terminate this license at any time for any reason. APA reserves any rights not explicitly granted in these Terms of Use.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive APA's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the APA Web sites, any APA Content (as defined below), or any portion thereof. Further, you may not (i) use the APA Web sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the APA Web sites, including APA Content; (ii) interfere with the proper working of the APA Web sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the APA Web sites.

3. Your Acceptance; Revisions to Terms of Use. The APA Web sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the APA regarding your use and access to the APA Web sites. By accessing or using the APA Web sites you agree to the Terms of Use. APA reserves the right to revise these Terms of Use at any time in its sole discretion, and without specific notice to you, by posting revised Terms of Use to the APA Web sites. Your use after such change signifies your acceptance of all the terms and conditions contained within the Terms of Use effective at that time. You will be responsible for regularly reviewing these Terms of Use for updates and/or changes.

4. APA Policies; Additional Terms and Conditions. APA's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the APA Web sites (collectively "Additional Terms and Conditions") are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

5. Click-Through Agreements. Before using certain areas of the APA Web sites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" or "I Agree" or "Okay." To the extent there is a conflict between these Terms of Use and any Click Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.

6. Personal Login Information. Certain features and areas of the APA Web sites are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. APA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact APA immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

7. Privacy Policy. For information about APA's data protection practices and APA's use and protection of your personal information, please read APA's Privacy Policy which is incorporated into and made a part of these Terms of Use.

8. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the APA Web sites and not interfere with the use and enjoyment of the APA Web sites by other users or with APA's operation and management of the APA Web sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the APA Web sites, including, without limitation, information required to be provided through an APA Web site registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, APA reserves the right to terminate your access and use of the APA Web sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the APA Web sites, or defame or otherwise harm any party, including APA, through your use of the APA Web sites.

9. Proprietary Rights. The content of the APA Web sites includes, without limitation, (i) APA's trademarks, service marks, seal, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "APA Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the APA Web sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "APA Content"). APA Content is the property of the APA, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any APA Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the APA or the owner of such content if the APA is not the owner. Any use of the APA Marks without APA's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the APA Content, including any such notices appearing on any APA Content you are permitted to download, transmit, display, print, or reproduce from the APA Web sites.

10. Responsibility for Use of the Internet and APA Web sites. Use of the Internet and the APA Web sites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. APA does not guarantee the confidentiality or security of any communication or other material transmitted to or from the APA Web sites over the Internet or other communication network. APA shall not be obligated to correct or update the APA Web sites or the APA Content and APA shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the APA Web sites.

11. Medical Disclaimer. The APA Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.

12. Patient Information. The APA Web sites, including any public forums which you may access via the APA Web sites, may contain confidential patient information ("Patient Information"). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.

13. Third-Party Information. The APA Web sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the APA Web sites are those of the respective third party and not of APA or its affiliates. APA makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products. Comments posted in the blog section of the APA Web sites do not necessarily reflect the position of the APA or any of its subsidiaries or related organizations.

14. Links to Third Party Web sites. The APA Web sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which APA exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the APA Web sites, you do so entirely at your own risk.

15. Links to APA Web sites and APA Content. Links posted by third parties to the APA Web sites and/or APA Content may not use the APA trademark or logo and shall not suggest that APA promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, Web sites, content, or information. Any links to any portion of the APA Web sites shall be the responsibility of the linking party. APA reserves the right to require any linking party to disable or remove any link that violates APA's rights or causes interruption or deterioration of APA Content.

16. Warranties Disclaimed. THE APA WEB SITES AND APA CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER APA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "APA PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE APA WEB SITES OR APA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE APA WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APA WEB SITES WILL MEET YOUR EXPECTATIONS; OR (iv) APA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE APA WEB SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY.

17. Limitation of Liability. THE APA PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE APA WEB SITES AND/OR ANY APA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE APA WEB SITES AND/OR APA CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE APA WEB SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE APA WEB SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APA WEB SITES; (vii) FROM ANY DELAY OR FAILURE OF THE APA WEB SITES ARISING OUT OF CAUSES BEYOND APA'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE APA CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE APA WEB SITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD-PARTY WEB SITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE APA WEB SITES OR APA CONTENT. In the event you are dissatisfied with, or dispute, these Terms of Use, the APA Web sites and/or the APA Content, your sole right and exclusive remedy is to terminate your use of the APA Web sites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that APA has no other obligation, liablity or responsibility to you or any other party.

18. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND APA'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the APA Parties from and against all claims arising from or in any way related to your use of the APA Web sites and/or APA Content, a violation by you of these Terms of Use, or any other actions connected with your use of the APA Web sites and/or APA Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. APA will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the APA Parties other than under this Section.

20. Term and Termination. These Terms of Use will take effect at the time you begin accessing the APA Web sites. APA reserves the right, with or without notice, at any time and for any reason to deny you access to the APA Web sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the APA Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the APA Web sites, including any APA Content, in your possession.

21. Arbitration; Venue. Any controversy or claim you have arising out of or relating to these Terms of Use shall be brought solely by you as an individual and not as part of, or as a representative of, a class. To the fullest extent permitted by law, any controversy or claim you have shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. The arbitration shall be held in Arlington, Viginia. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator's award shall be final and binding. The courts of the State of Virginia and/or the United States District Court for Arlington, Virginia shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any controversy or claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. APA reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

22. Governing Law. These Terms of Use and all matters regarding your use of the APA Web sites shall be governed by, construed in accordance with, and enforced under the laws of the State of Virginia applicable to contracts made and executed and wholly performed in the State of Virginia, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

23. Waiver and Severability. The failure of APA to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

24. Complete Agreement. These Terms of Use, together with any revisions. any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the APA relating to the APA Web sites and its use by you, and supersedes any previous written or oral communication regarding use of the APA Web sites. The APA Web sites are intended to be consistent with and in furtherance of the APA's policies adopted by the APA Board of Trustees.

25. Contact Information. If you have any questions or concerns regarding these Terms of Use or the APA Web sites, please visit our "Contact Us" page.
26. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the APA Web sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

27. Use of APA Web sites and APA Content outside of the United States. APA makes no claims regarding access or use of the APA Web sites or the APA Content outside of the United States. If you use or access the APA Web sites or the APA Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.