Academic Writer Terms of Service

Effective Date: February 19, 2019

Introduction

Welcome to the Academic WriterTM website (the "Website") and to the Academic Writer Online Services (the "Services"). American Psychological Association ("APA" or "us") is willing to provide the Services to you only upon your agreement that your access and use of the Services will be subject to the following Terms of Service ("Terms"). These Terms are an agreement between the APA and users of the Services ("you"). To the extent applicable, the Terms include the provisions set forth in this document, the APA Terms and Conditions of UseOpens a new window, and the APA Privacy PolicyOpens a new window, as well as other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Services offerings.

By using the Services, you acknowledge, accept, and agree with all provisions of the Terms, including, without limitation, the use and treatment of your account information and your content in accordance with the Terms. If you do not agree to the Terms, you do not have the right to access or use our Services. If you do register for or otherwise use our Services, you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

The Terms may be revised or updated without notice and become effective upon posting on this site. If you use the Services after the changes have been posted, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law. We encourage you to review the terms of service each time you use the Website so that you are aware of any changes to the Terms.

Term and Termination

If you sign up for an Academic Writer account, these Terms shall commence on the day you access the Services for the first time and shall continue until your account is terminated.

There are two main situations in which your account may be terminated:

APA will retain your account information and posted content for as long as your account is active or as needed to provide you Services. APA will retain and use your information and content as necessary to comply with legal obligations, resolve disputes, and enforce other agreements.

If this Agreement terminates: (1) the rights granted by APA to you will cease immediately (except as set forth in this section); and (2) after a commercially reasonable period of time following the applicable post-termination 2-year period during which you may download papers associated with your Academic Writer account as specified above, APA may delete any stored data relating to your account.

Any provision of these Terms which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of these Terms.

Licenses

Subject to your acceptance of and compliance with the Terms, we grant you a limited, non-exclusive license to use the Services, for so long as you are not barred from receiving the Services under the laws applicable to you, or until we terminate your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Academic Writer software ("the Software") provided to you by or on behalf of APA, for the sole purpose of enabling you to use the Software and enjoy the benefit of the Services in accordance with their intended purposes, subject to these Terms and to any applicable additional license terms provided with the Software, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in the Services or the Software.

In order to enable APA to operate the Services, we must obtain from you certain limited license rights in your content. For example, we may need to process, maintain, store, back up, and distribute your content (e.g., sharing your paper with other users you specify for collaboration purposes). Accordingly, by using the Services and uploading content, you grant APA a license to display, perform, and distribute your content and to modify and reproduce such content to enable APA to operate and provide you the Services. You represent and warrant to APA that you have the unfettered legal right and authority to submit your content to APA, to make any other use, publication, or other distribution of that content in connection with your use of the Services, and to grant APA all rights that you are granting under these Terms. You also agree that APA has the right to elect not to accept, post, store, display, publish, or transmit any content, and to take down any content, in APA’s sole discretion. You understand that APA may take down or deny access to, by way of example and not limitation, any material that violates the Terms or that APA considers to be objectionable.

You agree that the rights and licenses you are granting (1) are royalty free, worldwide, and irrevocable (for so long as your content is stored with us), and (2) include the rights for APA (a) to make your content available to, and pass these rights along to, others with whom APA has contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, (b) to permit access to or disclose your content to third parties if APA determines such access is necessary to comply with its legal obligations, (c) to make content submitted to or through the Services available to other APA users that you designate, and (d) to provide, promote, and improve the Services. You understand that deleted content may persist on the Website and elsewhere online to the extent it has been publicly posted or shared with others who have not deleted it.

We may modify or adapt your content in order to transmit, display, or distribute it over computer networks and in various media. We may make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of the Terms and of any networks, devices, services, or media.

If you elect to use any third-party service or application that is integrated with the Services, you also agree that the licenses granted to APA in the preceding paragraph shall apply to content that is submitted or uploaded through such third-party service or application. If the third-party service or application you elect to use would access or extract content, you grant APA all necessary rights and licenses in the third-party service or application to APA to enable access to and extraction of your content. APA does not assume any responsibility for, or liability on account of, the actions or omissions of such third-party applications or service providers.

Code of Conduct

By accessing our Website, user profile, or other Services provided through our Website, you agree to abide by the following standards of conduct. APA will fully cooperate with valid law enforcement authority requests, court orders, or judicial or legal process requesting or directing it to disclose the identity of anyone posting or causing the posting of prohibited materials or engaging in prohibited conduct. Any conduct that in APA's sole discretion restricts or inhibits anyone else from using or enjoying the Services will not be permitted. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to, use our Website to:

The Code of Conduct is part of the Terms, and violation may be addressed by temporary access suspensions, permanent access bans, or termination of your rights as described above. Any person determined to have repeatedly (i.e., twice or more) violated the intellectual property or other rights of others will be barred from access to and use of the Website and the Services.

APA IS NOT OBLIGATED TO SEND YOU A WARNING BEFORE THESE ACTIONS OCCUR IF IT DETERMINES THAT DOING SO WOULD THREATEN THE INTERESTS OF APA, ITS MEMBERS, OR OTHER USERS OF THE SERVICES. If your account is suspended or terminated, APA assumes no liability related to your inability to access the Website or Services.

APA is not obligated to monitor all posted content or activity, but has the right to remove any content or take action against any user. Furthermore, APA reserves the right to remove at any time, without notice, any user-created content or account for actions determined to be in violation of this Code of Conduct or Terms.

While APA believes in the highest standards of academic integrity, it is not responsible for any lapses in academic integrity by users and will not get involved in disputes over the academic integrity of the content prepared using the Website or Services. APA does reserve the right to remove any content or take action against any user based on evidence of academic or research misconduct.

Links

As a service to you and for your convenience, the Website and Services may include links to websites operated by third parties. By providing links to third-party websites, APA is not endorsing or sponsoring such third parties or their websites. Use of any third-party websites are governed by their own terms of use and privacy policies. You agree that APA is not responsible for the availability of or content on any websites operated by third parties that may be accessible through the Services or linked to this Website, and APA does not make any representations regarding the content or accuracy of materials on such third-party sites.

Downloading or Forwarding Information From APA's Websites to Others

Using certain tools, it may be possible for you or third parties to copy, cut, and/or post information contained on an APA site to a third-party site, including a social media site, such as Facebook or Twitter. The decision to do this may expose you to disclosure of your private information on third-party sites—for which APA is not responsible—and, in some cases, may subject you to liability to third parties or to APA for posting such information elsewhere.

All content on the Website, on APA's other websites, and in its publications (including logos, graphics, artwork, photos, button icons, text, and other content) are copyrighted and all rights are reserved. Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose unless such use is expressly permitted in writing by APA as described below.

Ownership and Intellectual Property Rights

You own and are solely responsible for the content you create and store on the Website or in connection with the Services. It is your responsibility to comply with copyright laws concerning any materials you create, as well as third-party or previously published material that you upload or store through the Services. Prior to uploading or reproducing images, quotations, test item content, or other pre-existing materials, it is your responsibility to ensure, and you represent and warrant to APA, that you have obtained all legal rights and authority to use, upload, and store this content, which includes obtaining permission from copyright holders if you are not the original creator of these materials.

You acknowledge and agree that APA owns the Website, its contents other than those created, uploaded, or stored by you, all APA-created materials available through the Website or Services, including, but not limited to, APA’s Publication Manual, other text, images, illustrations, audio clips, video clips, and other data, and the designs, trademarks, service marks, and trade names displayed on the Website, and that all such contents are the property of APA and are protected by copyrights and trademark rights which are owned or licensed by APA. You also may not copy or adapt the HTML or other code that APA uses to generate the Website and its individual pages, which is protected by APA’s copyright or license rights. Except for the limited license rights granted to you above, you may not reproduce, perform, display, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the Website or Services, or from any other website owned or operated by APA, without the prior written permission of APA. In order to request consent, please visit www.apa.org/about/contact/copyrightOpens a new window or send us an email at Permissions@apa.org.

Use of Personal Information

Information and data provided by you are subject to APA's privacy policies and practices, as described in the APA Privacy PolicyOpens a new window. We describe our current practices related to personally identifiable information collected through the Website in the APA Privacy PolicyOpens a new window. We may update our policies and practices from time to time at our sole discretion.

Reliance on the Information from the Services

While we exercise reasonable efforts to ensure the accuracy of information on our Website and accessible through the Services, you acknowledge and agree that your use of the Website or Services, and your reliance upon any data or information accessed using the Website or Services, is at your own risk. You agree to make and rely on your own independent investigation of the completeness, accuracy, and suitability of any information, data, or analytical product available on the Website or Services before reliance thereon.

Warranty Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT THE ACADEMIC WRITERTM WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT USE OF THE SERVICES OR THE WEBSITE IS AT YOUR SOLE RISK. APA MAKES NO WARRANTY WHATSOEVER ABOUT ITS WEBSITE, THE SERVICES, THE OPERATION OR AVAILABILITY OF EITHER, THE ACCURACY OF ORAL OR WRITTEN INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR SERVICES, OR THE SECURITY OF THE SERVICES OR WEBSITE. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, APA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE WEBSITE AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. APA MAKES NO WARRANTY THAT (A) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) TRANSMISSION OF DATA TO AND FROM THE WEBSITE OR SERVICES WILL BE TIMELY OR ERROR-FREE; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE. APA MAKES NO WARRANTY REGARDING THE LOSS OF YOUR INFORMATION OR YOUR CONTENT. YOU BEAR THE ENTIRE RISK FROM USING THE SERVICE. YOU AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY DATA YOU PROVIDE TO APA. YOU AGREE THAT NEITHER APA NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT ON THE WEBSITE OR THROUGH THE SERVICES.

Unless otherwise provided in this Agreement, APA reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of our Website, with or without notice to you.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT APA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF APA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (a) YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES OR TO ACCESS YOUR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA; (d) THE TAKEDOWN OF OR DENIAL OF ACCESS TO YOUR CONTENT; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; OR (f) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE TERMS), YOU AGREE THAT EXCEPT FOR ANY INDEMNIFICATION OBLIGATION BY APA, YOUR EXCLUSIVE REMEDY IS TO RECOVER, FROM APA OR ANY AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, DAMAGES UP TO AN AMOUNT EQUAL TO YOUR SERVICE FEE (OR UP TO $10.00 IF THE SERVICES ARE FREE). THE FOREGOING SHALL CONSTITUTE APA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL APA BE LIABLE FOR ANY OTHER LOSS, INJURY, OR DAMAGES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF SERVICES. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, WE SPECIFICALLY DISCLAIM AND YOU UNDERSTAND THAT WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, AND THE SAME ARE HEREBY EXCLUDED FROM THESE TERMS AND ALL TRANSACTIONS CONTEMPLATED HEREBY.

Indemnification

You agree to indemnify and hold harmless APA, its affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys' fees, due to or arising out of (i) your breach of these Terms, or your violation of any law or the rights of a third party; (ii) any material or information posted, provided, transmitted, or otherwise made available by you on the Website; or (iii) your access or use of the Website, its content or services, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions by you, your agents, or others with whom you have collaborated or whose unauthorized access to or use of the Website or its contents you have facilitated or encouraged.

APA shall defend, indemnify and hold You harmless from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or results from the negligent or intentional acts or omissions of APA, its officers, agents, or employees.

Accounts

You will need an Academic Writer account ("Account") in order to use some of our Services. You will need to access your account through a web browser. APA has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Services.

To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Account. Try not to reuse your Account password on third- party applications. If you learn of any unauthorized use of your password or Account, please notify Academic Writer Customer Support at 202-336-5650, 800-374-2722, or 202-336-6123 (TDD/TTY). We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account information secure.

Electronic Communications

By using the Website or Services, you agree to receive certain communications from APA in electronic form, subject to applicable law. You agree that any notice, agreement, disclosure or other communication that APA sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Suggestions

If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without any payment or other obligation to you and you agree to assign any rights you have in such feedback or suggestions.

Governing Law/Arbitration

Use of the Website and these Services shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to the choice of law provisions thereof. Any dispute or claim relating to or arising out of or in connection with use of the Website, Services, or the Terms shall be finally settled by binding arbitration in the District of Columbia using the then current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the District of Columbia, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award punitive or exemplary damages against any party. The prevailing party shall have its reasonable costs and attorney's fees paid by the other party.

Complete Agreement/Waiver/Severability/No Third-Party Beneficiaries/Successors

The Terms and any agreements governing use of specific portions of the Services constitute the entire understanding between you and APA with respect to the Services and your use thereof, superseding all prior written and oral communications and understandings. Failure by APA to enforce any provision(s) of the Terms shall not be construed as a waiver of any provision or right. If any provision or portion of the Terms is not given legal effect by a court of competent jurisdiction, such provision or portion shall drop out of the Terms, and the remaining provisions and portions of the Terms shall be construed and enforced. These Terms shall not be interpreted or construed to confer any rights or remedies upon any third parties. These terms inure to the benefit of APA, its successors and assigns.

Export Control and Sanctions Laws

You represent and warrant that you (a) are not identified on the Office of Foreign Assets Control's Specially Designated Nationals List ("SDN List"); (b) are not placed on the U.S. Department of Commerce's Denied Persons List or Entity List or any other U.S. export control list; (c) will not use IP proxying or other methods to disguise the place of your residence; (d) will not use the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms; and (e) have not previously had your right to use the Services suspended or terminated. You will not export, re-export, divert, transfer, or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

Beta Services

APA may provide features or products that we are still testing and evaluating. These products and features are identified as alpha, beta, preview, early access, or evaluation (or words or phrases with similar meanings) (collectively, "Beta Services"). Notwithstanding anything to the contrary in this Agreement, the following terms apply to all Beta Services: (a) you may use or decline to use any Beta Services; (b) Beta Services may not be supported and may be changed at any time without notice to you; (c) Beta Services may not be as reliable or available as APA Services; (d) Beta Services have not been subjected to the same security measures and auditing to which APA Services has been subjected; and (e) APA WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES—USE AT YOUR OWN RISK.

APA Contact Information

Except where these Terms or any separate agreement specifically provide for use of a different means or address for notice, any legal notice to APA must be delivered to Legal@apa.org.