AMERICAN PSYCHIATRIC NURSES ASSOCIATION TERMS OF SERVICE (TOS)
Welcome to apna.org, a website owned and operated by the American Psychiatric Nurses Association (“APNA”).
IMPORTANT – BEFORE ACCESSING OR USING ANY PART OF THIS SITE, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE “TOS”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS SITE AND ANY PROGRAMS, SERVICES, PRODUCTS, MATERIALS, DOCUMENTATION, AND INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE “SITE”). APNA IS WILLING TO LICENSE THE USE OF THE SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION BY APNA TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
TERMS AND CONDITIONS
1. LICENSE GRANT. This Site is provided by APNA. This TOS provides you, a "User", with a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This TOS is a license and not an assignment or sale. Any rights granted hereby are licensed and not sold or otherwise transferred to you. Accordingly, you expressly acknowledge and agree that APNA transfers no ownership or intellectual property interest in and to the Site to you or anyone else.
2. LICENSE GRANT RESTRICTIONS. Notwithstanding the foregoing, you may not modify, alter, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, transfer any right(s) in, or otherwise use the materials provided on this Site in any manner not expressly permitted herein. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY APNA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. APNA reserves the right to bar any restricted activity.
3. PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by APNA and are 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 and regulations. Except as expressly provided herein, APNA does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that APNA actively and aggressively enforces its intellectual property rights to the fullest extent of the law. This Site is Copyright © 2011 American Psychiatric Nurses Association and/or its licensors. All rights reserved. APNA also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. Any software and other downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by APNA. APNA, the APNA logo, and all other names, logos, and icons identifying APNA and its products and services are proprietary trademarks of APNA, and any use of such marks without the express written permission of APNA is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
4. RESPONSIBILITY FOR USE. Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While APNA has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other global communication network cannot be guaranteed. Moreover, you understand that the technical processing and transmission of the Site may involve transmission over various networks. Accordingly, APNA is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume sole and complete risk for using this Site and must make your own determination as to these issues.
5. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. APNA reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. APNA will also comply with all court orders involving requests for such information. In addition to the foregoing, APNA reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site, for any reason.
6. POSTINGS. This Site may contain message boards, e-mail, and other interactive features where Users can share knowledge, experiences and other helpful information. To the extent that the Site contains bulletin boards, message boards, chat rooms, message areas, blogs, platforms, question/answer areas, or other communication forums (collectively, “forums”), you agree that by using the Site you will not post or transmit any of the following materials on the Site’s forums:
- anything, which interferes with or disrupts the Site or the operation thereof,
- statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others,
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another,
- statements or material that violates other contractual or fiduciary rights, duties, or agreements,
- statements or material that is bigoted, hateful, or racially offensive,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that harms minors,
- statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of APNA,
- statements or material that misrepresents your affiliation with any entity and/or APNA,
- anything that violates the privacy rights of any other person,
- chain letters or pyramid schemes,
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
- statements or material that are “off-topic” for a designated forum,
- statements or material that solicits or encourages Users to become affiliated or do business with competitors of APNA, including recruitment of members for outside organizations, and
- files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or this Site.
As forums are public, the User experience is enhanced if people follow certain guidelines in addition to the prohibitions noted above. Use netiquette. Be succinct and stay on topic within a particular forum. Remember to respect others and their opinions. APNA encourages open and sincere communication, but urges all Users to remember that forums are intended to be a resource for all.
7. NO PRE-SCREENING OF POSTINGS. APNA is not responsible for screening, policing, editing, or monitoring your, another User’s, or other third party content posted to Site forums, and APNA is not a publisher of such postings. Nevertheless, APNA reserves the right to delete or take other action with respect to postings that APNA believes in good faith violate this TOS and/or are potentially unlawful. If you violate this TOS, APNA may, in its sole discretion, issue you a warning and/or terminate your use of the Site. Moreover, it is a policy of APNA to take appropriate actions under the Digital Millenium Copyright Act and other applicable intellectual property laws.
8. NO ENDORSEMENT OF OR RESPONSIBILITY FOR POSTINGS. You must use your best judgment and reasonable caution in evaluating all User or third party postings or other content (including information and opinions posted by others to forums) on the Site. APNA does not endorse, oppose, or edit any opinion or information provided by a User or third party, with the exception of removing temporarily or deleting what appears to be potentially unlawful content or content otherwise prohibited under this TOS. APNA does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, distributed by any User of, or third party contributing materials to, this Site. In particular, you acknowledge that the information on the site is provided as general information only and is not intended as medical advice. No content or materials posted, made available through, or accessible on the Site should be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. APNA expressly disclaims all responsibility and liability for such postings, information, and materials.
9. PERMISSION TO USE POSTINGS. By submitting information, content, and materials to a forum or other portion of this Site or by otherwise using the Site to transmit information, content, and materials, you automatically grant APNA a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such information, content, and materials (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, content, and materials. You also acknowledge that such submissions are non-confidential for all purposes. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on this Site, APNA has not become and is not a publisher of such information, content, and materials.
10. LINKS TO OTHER SITES. APNA may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by APNA and are maintained by third parties over which APNA exercises no control. Accordingly, APNA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
11. LINKS TO THIS SITE. APNA encourages and permits text links to this Site and its content. APNA is an organization committed to the highest ethics and standards and therefore, any links to this Site should not suggest that APNA promotes or otherwise endorses any third party products, services, causes, campaigns, websites, content, or information. Moreover, no link may be used for commercial or fundraising purposes. APNA also reminds you that a link may not use or include any APNA logos, content, or designs without the express written consent of APNA.
12. EVENTS BEYOND APNA’S CONTROL. You expressly absolve and release APNA from any claim of harm resulting from a cause beyond APNA’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
13. DISCLAIMER. WHILE APNA ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS AVAILABLE, THE INFORMATION, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, APNA MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS DESCRIBED IN OR AVAILABLE THROUGH THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE. APNA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILTY, LEGALITY, OR ACCURACY OF THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY. IN NO EVENT SHALL APNA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF APNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF APNA FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO APNA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
15. INDEMNITY. You agree to defend, indemnify, and hold harmless APNA and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site and any breach by you of this TOS.
16. GOVERNING LAW. This TOS has been made in and will be construed and enforced in accordance with the laws of the State of Maryland as applied to agreements entered into and completely performed in the Commonwealth of Virginia. Any action to enforce this TOS will be brought in the federal or state courts presiding in Baltimore, Maryland, U.S. and all parties to this TOS expressly agree to be subject to the jurisdiction of such courts. You also acknowledge and agree that the Virginia implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this agreement and is hereby disclaimed. This Site is controlled and operated by APNA from its offices within the United States. APNA makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of the Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable local laws.
17. TERM AND TERMINATION. This TOS will take effect at the time you begin accessing or using this Site. APNA reserves the right at any time and for any reason to deny you access to the Site or to any portion thereof and to terminate this TOS. This TOS will terminate automatically if you fail to comply with the limitations described herein. Termination will be effective without notice. You may terminate at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as outlined below. Upon termination, you must destroy all copies of any aspect of the Site in your possession.
18. RESERVATION OF RIGHTS. Any rights not expressly granted by APNA herein are reserved.
19. ENTIRE AGREEMENT. This TOS and any related or associated service or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and APNA with respect to use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and APNA with respect to this Site. Please note that APNA reserves the right to change the terms and conditions of this TOS and under which this Site and its many offerings are extended to you by posting a revised TOS and mailing notice thereof to you. In addition, APNA may add or delete any aspect of this Site. Your continued use of this Site following any change will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review the TOS found at this location on a periodic basis.