Terms of Service
Effective Date: August 20, 2018
Welcome to the Academic Writer (AWR) website (the "Website") and to the AWR Online Services (the "Services"). APA 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 Services ("Terms"). These Terms are an agreement between the American Psychological Association ("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 Use Opens a new window, and the AWR Privacy Statement, 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. These Terms may be revised without notice and become effective upon posting on this site and your use of the Website.
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 these 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.
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 three main situations in which your account may be terminated:
APA will retain your information for as long as your account is active or as needed to provide you services. APA will retain and use your information 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); (2) APA may provide you access to export papers associated with your AWR account for the time period specified above; and (3) after a commercially reasonable period of time, 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.
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Services subject to these Terms, for so long as you are not barred from receiving the Services under the laws applicable to you, 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 AWR 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, subject to any applicable license terms provided with the Software and these Terms, 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 to process your content so that technical actions we take in operating the Services are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up, and distributing your content (e.g., sharing your paper with other users you specify for collaboration purposes), unless you give us these rights. Accordingly, by using the Services and uploading content, you are granting APA a license to display, perform, and distribute your content and to modify (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers and other devices) and reproduce such content to enable APA to operate the Services. You also agree that APA has the right to elect not to accept, post, store, display, publish, or transmit any content in our sole discretion.
You agree that these rights and licenses are royalty free, worldwide, and irrevocable (for so long as your content is stored with us), and include a right for APA to make such 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, and to otherwise permit access to or disclose your content to third parties if APA determines such access is necessary to comply with its legal obligations. You agree that this limited license includes the right for APA to provide, promote, and improve the Services and to make content submitted to or through the Services available to other APA users that you designate.
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 any networks, devices, services, or media.
If you elect to use any third-party service or application that is integrated with APA, 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 the right and license to enable third-party 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.
Inasmuch as we rely upon your rights to upload and distribute your content, you represent and warrant to APA that you have the unfettered legal rights and authority to submit your content to APA, to make any other user, publication, or other distribution of that content in your use of the Service, and to grant the rights granted to APA under these Terms.
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 information you have posted.
For instance, all content (includes logos, graphics, artwork, photos, button icons, and texts) on APA's websites and in its publications are copyrighted and all rights are reserved. The AWR Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by APA.
For permission to use APA's copyrighted material from the AWR Website or from APA publications, please visit www.apa.org/about/contact/copyright Opens a new window or send us an email at Permissions@apa.org.
Trademarks, Copyrights, and Restrictions
You own 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, upload, or store through AWR. Prior to uploading images or reproducing quotations, test item content, or other written materials, it is your responsibility to ensure that you have the legal rights and authority to use this content, which includes obtaining permission from copyright holders if you are not the original creator of these materials.
If you are a copyright owner or an agent thereof and you believe that any content or link on the Website infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our DMCA Agent the following information in writing:
You acknowledge and agree that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.
DMCA notices should go to our DMCA Agent, who is Karen Thomas at Permissions@apa.org.
Ownership and Intellectual Property Rights
You acknowledge and agree that the Website, its contents, all APA-created materials available through the Website or Services, including, but not limited to, text, images, illustrations, audio clips, video clips, and other data, and the designs, trademarks, service marks, and trade names displayed on the Website are the property of APA and are protected by copyrights which are owned or licensed by APA. Except for the limited license granted above, you may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the Website or Services, or any other website owned or operated by APA, without the prior written permission of APA. In order to obtain consent please visit www.apa.org/about/contact/copyright Opens a new window or send us an email at Permissions@apa.org.
You may not copy or adapt the HTML or other code that we use to generate the Web Site and its individual pages. This code is also protected by the Company's copyright.
Use of Personal Information
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.
YOU ACKNOWLEDGE AND AGREE THAT THE ACADEMIC WRITER 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 THIS WEBSITE OR 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) THE USE OR THE 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 OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; OR (e) 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 your exclusive remedy is to recover, from APA or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (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 DIRECT, 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.
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.
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. We will fully cooperate with valid law enforcement authority requests, court orders, or judicial or legal process requesting or directing us 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 out 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:
If you violate the Code of Conduct, action(s) may be taken to address the violation, including but not limited to temporary access suspensions or permanent access bans. Any person determined by APA, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on APA's websites. APA will determine the appropriate course of action for violations of the Code of Conduct in its sole discretion after providing appropriate due process.
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, APA assumes no liability related to your inability to access the Website or Services.
APA is not obligated to monitor all content posted 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.
You will need an AWR 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 AWR 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.
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.
APA reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice. Any changes made to these Terms will be effective as soon as they are posted on the Website. By accessing or using the Website, you agree to be bound by all the terms of service as posted on the Website at the time of your access or use. 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. You agree that APA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services.
Use of the Website or Services 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 these 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
These 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 these Terms shall not be construed as a waiver of any provision or right. If any provision or portion of these 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.
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.
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.