Last Updated: September 5, 2023
Updates to this Agreement
We may revise or otherwise change or update this Agreement. Please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. Changes will become effective immediately after they are posted. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically review this Agreement to see if there have been any changes that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of the Websites. Your continued use of the Websites will signify your continued agreement to this Agreement as it may be revised.
While using the Websites, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Websites for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Websites or any other user’s use of the Websites. In addition, we expect users of the Websites to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:
- Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Websites any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
- Impersonate any person or entity, including without limitation any representative of APPA; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Websites; or express or imply that we endorse any statement you make;
- Disseminate on the Websites any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Use the Websites to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Websites;
- Interfere with or disrupt the operation of the Websites or others’ use of the Websites in any way (including without limitation by hacking or defacing any portion of the Websites);
- Reproduce, duplicate, or copy any portion of the Websites, except as otherwise authorized by this Agreement or by prior written consent of APPA;
- Sell, resell, or otherwise exploit for any commercial purposes any portion of the use of or access to the Websites without the prior written consent of APPA;
- Reverse engineer, decompile or disassemble any portion of the Websites;
- Remove any copyright, trademark or other proprietary rights notice from the Websites or materials originating from the Websites;
- Post or otherwise transmit messages that may tend to restrain trade, or encourage or facilitate an agreement on: prices, discounts, terms or conditions of sale; allocation of markets or territories; or selection, rejection, or termination of business relationships or suppliers;
- Violate or attempt to violate the security of the Websites; or
- Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Websites or to collect any information from the Websites or any other user of the Websites;
- Assist or permit any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Websites.
Intellectual Property Rights
All information, materials, or other content (“Content”) available through the Websites is protected by copyrights, trademarks, or other proprietary rights and laws.
You may use Content purposely made available by us for public use, provided that you (a) keep intact all copyright and other proprietary notices, (b) do not copy or post such Content on any networked computer or broadcast it in any media, (d) make no modifications to the Content, and (e) do not make any additional representations or warranties relating to the Content on behalf of APPA.
Except as set forth herein or otherwise agreed in writing by APPA or other rights owner(s), the use of any Content available on the Websites is strictly prohibited.
Any rights not expressly granted herein are reserved.
You are responsible for any Content you transmit through our Websites. You agree, represent and warrant that any Content you transmit through our Websites or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content. You shall not upload, post, or otherwise make available on or through the Websites any Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
We do not want you to, and you should not, send any confidential or proprietary Content to us unless specifically requested by us. Please note that any unsolicited Content sent to APPA will be deemed not to be confidential or proprietary.
By submitting Content, other than personally identifiable information, you grant to APPA (or warrant that the owner of such Content has expressly granted to APPA) a royalty-free, perpetual, irrevocable, and unrestricted right and license (a) to use, reproduce, display, modify, adapt, publish, translate, transmit, distribute, or otherwise make available to others such Content (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed; (b) to exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such Content; and (c) to use your name, screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information in any and all media and/or communications, whether or not in connection with your Content. You also agree that APPA is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER CONTENT THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.
Changes to Websites
We may make improvements and/or changes to the Websites, add new features, or terminate the Websites at any time without notice. We also: (a) reserve the right (but have no obligation) to change the Content or other offerings on the Websites, at any time and from time to time without any notice or liability to you or any other person; and (b) do not warrant that information on the Websites is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Secure User Accounts
You are not obligated to register with APPA in order to access the Websites. However, certain portions of the Websites are available only to users who have registered with the Websites and obtained login credentials (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to APPA.
You further agree that you are responsible for all activities that occur under your Secure User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties. You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to the Websites.
You may only have one active Secure User account on a Website at any given time and only you may use your designated account to access the Website. In addition, you agree to exit from your Secure User account at the end of each session.
APPA reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Websites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account.
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
We may host message boards, chat rooms, blogs, and other interactive forums or services (each, a “Forum”) on the Websites. Forums are intended to serve as discussion centers. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. You understand that our staff, our outside contributors, or other users connected with APPA may participate in Forums or other aspects of the Websites and may employ anonymous user names when doing so. You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any personal information you communicate in Forums may be seen and used by others. We are not responsible for information that you or others choose to communicate in Forums, or for your actions or the actions of other users. APPA or its designated agents may remove or alter any information or content posted or otherwise disclosed in any Forum at any time for any reason. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE WEBSITES, YOU DO SO AT YOUR OWN RISK.
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate Content before allowing it to be posted on the Websites or any Forum; (b) monitor Content; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any Content, and the circumstances surrounding their transmission, to any third party in order to operate the Websites; to protect APPA and the Websites’ users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
Notice of Copyright Infringement
If you believe that any Content on the Websites infringes upon any copyright which you own or control, you may send a written notification containing the information required under 17 U.S.C. § 512(c)(3) to our Designated Copyright Agent as set forth below.
Designated Copyright Agent: APPA Senior Vice President, Advocacy & Communications & General Counsel
Email: [email protected]
If any user of the Websites is deemed to be a repeat copyright infringer, APPA will terminate such user’s license to use the Websites. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you submit a notice and you materially misrepresent that Content on the Websites is infringing.
Any information, statements, opinions, or other Content provided by third parties and made available on our Websites are those of the respective author(s) and not APPA. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement or other Content on our Websites other than those from an authorized APPA representative acting in their official capacity. Under no circumstance will APPA be liable for or in connection with any loss or damage caused by your reliance on any such third-party Content.
Links to Third-Party Websites
APPA may provide on the Websites, solely as a convenience to users, links to websites operated by sponsors or other entities. If you use these websites, you will leave our Websites. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. APPA does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that APPA is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of APPA.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Social Media Pages
Related Policies and Terms
The Websites and this Agreement are in effect until terminated by APPA. In addition to any right or remedy that may be available to APPA under applicable law, APPA may suspend, limit, or terminate all or a portion of your access to the Websites or any of its features at any time with or without notice and with or without cause, including without limitation, if APPA believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination. Upon termination of this Agreement, you must destroy all Content obtained from the Websites and all copies thereof. You agree that if your use of the Websites is terminated pursuant to this Agreement, you will not attempt to use the Websites under any name, real or assumed. You further agree that if you violate this restriction after your use of the Websites is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. We reserve the right to have all violators prosecuted to the fullest extent of the law.
The Websites are intended for use only by persons over the age of 13. We do not seek to collect information about children under the age of 13, and we will not knowingly do so. If you are under 13 years of age, please do not use or access the Websites. By using the Websites, you affirm that you are over the age of 13.
Disclaimer of Warranty
APPA does not guarantee, represent, or warrant that your use of the Websites will be uninterrupted and you agree that from time to time APPA may suspend the Websites for indefinite periods of time for technical maintenance, upgrades, or other reasons.
APPA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE WEBSITES OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITES IS DONE AT YOUR OWN RISK. THE CONTENT OF THE WEBSITES IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, APPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Limitation of Liability
APPA AND EACH OF ITS AFFILIATES, DIVISIONS, RELATED ENTITIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, THE "RELEASEES") WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITES, THE WEBSITE CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. THE RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless APPA and its directors, officers, employees, agents and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with the Websites; or (iii) unsolicited information you provide to APPA through the Websites.
Consent to Communication
If you provide us with a telephone number, address, or email address, you expressly agree that we, or our authorized agents, can use that telephone number, address, or email address to contact you about your account, or about APPA and its associated activities.
When you use the Websites or send emails to APPA, you are communicating with APPA electronically. You consent to receive electronically any communications related to your use of the Websites. We may communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from APPA intended for receipt by a user shall be deemed delivered and effective when sent to the email address you provide on the Websites.
Effect of Invalidity
In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective.
Choice of Law
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
If you have questions about this Agreement, or if you have technical questions about the operation of the Websites, please contact us here [email protected] or by phone at (202) 467-2958.