By using APSA Connect, YOU AGREE THAT YOUR USE OF APSA CONNECT ACKNOWLEDGES THAT YOU HAVE READ THIS USER AGREEMENT AS WELL AS THE APSA CODE OF CONDUCT, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.
The conventions of APSA Connect are, broadly speaking, consonant with those used in similar web sites. Authors are solely responsible for their postings. Anonymous postings are not permitted. The posting of commercial, defamatory, profane, threatening, and illegal materials is prohibited. Copyright provisions must be respected. The principles of APSA’s Guide to Professional Ethics, Rights, and Freedoms should be kept in mind. Professional courtesy and common sense should govern the discussion of the ideas and the work of others.
APSA reserves the right, at our sole discretion, to change, modify, add, or delete portions of this User Agreement at any time without further notice. If we do this, we will post the changes to these User Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the service or the site after any such changes constitutes your acceptance of the new User Agreement. If you do not agree to abide by these or any future User Agreement, do not use or access (or continue to use or access) the service or the site. It is your responsibility to regularly check the site to determine if there have been changes to these User Agreement and to review such changes.
APSA may monitor APSA Connect. As such, APSA, the list editor, or the community administrator will take all appropriate action as outlined under Violations below.
Possible violations of this Code of Conduct or the APSA Connect User Agreement may be reported by users of APSA Connect or identified by APSA staff. In such cases, material will automatically be removed from the site until the matter is resolved. APSA staff shall review the matter and if no violation is evident, the material will be restored. Otherwise APSA will notify the author of the posting about the alleged violation and seek their response.
Determinations made by the APSA staff will be reviewed by the APSA Administrative Committee or other body designated by the APSA Council. If a violation is found and the author agrees to take corrective action deemed appropriate by APSA, the author’s use of APSA Connect will continue. If violation is found and the author fails to respond or fails to take corrective action deemed appropriate by APSA, APSA may, at its discretion, terminate the user’s participation in APSA Connect or take other action within the terms of this Code.
Scope of Use
You agree to reserve postings on APSA Connect for topics best suited to the medium as an on-line professional networking tool. Questions about community.apsanet.org, including technically oriented issues as well as questions about existing or proposed communities, should be directed to APSA’s Marketing and Communications department (web(at)apsanet.org).
You also agree not to post any defamatory, profane, threatening, commercial or illegal materials.
Further, as outlined above, all users must comply with APSA’s Code of Conduct.
You shall not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, you represent and warrant that you own the copyright with respect to such material or that you have received permission from the copyright owner to post the material. In addition, by posting such material the copyright owner grants APSA and APSA Connect users the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material.
You shall not post messages which encourage or facilitate members to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of any business, or other conduct intended to illegally restrict free trade. Messages regarding the following subjects are inappropriate: prices, fundraising, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers.
Compliance with Laws
In participating in APSA Connect, you shall act in compliance with all applicable rules and regulations of all regulatory bodies and with all laws, ordinances, orders, rules and regulations of all local, state, federal and all other jurisdictions having authority over the performance hereof. Comments, information and documents posted on APSA Connect should comply with laws regarding libel, slander, copyright and antitrust.
You acknowledge that APSA may monitor APSA Connect. You acknowledge and agree that APSA will terminate this User Agreement and your participation in APSA Connect if you violate the terms of this User Agreement, the APSA Code of Conduct, or other determination of APSA staff in furtherance of enforcing the scope of use of APSA Connect. APSA shall provide you with written notice sent via electronic mail prior to taking any such action in order to allow you a reasonable period of time to correct postings that violate these terms.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU AGREE THAT APSA WILL NOT BE RESPONSIBLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR LIST SERVE OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON APSA CONNECT, EVEN IF APSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN ADDITION, YOU AGREE TO DEFEND AND INDEMNIFY APSA, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AND AGENTS AND HOLD APSA, ITS OFFICERS, DIRECTORS, EMPLOYEES,AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS DAMAGES, INJURIES, LIABILITIES LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS FEES) RELATING TO ANY ACTS OR OMISSIONS BY YOU OR MATERIALS OR INFORMATION TRANSMITTED BY YOU IN CONNECTION WITH APSA CONNECT LEADING WHOLLY OR PARTIALLY TO CLAIMS AGAINST APSA, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, OR AGENTS OR OUR LIST SERVE BY OTHER USERS OR THIRD PARTIES. THE TERMS OF THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
This Agreement is personal to you, and may not be assigned without APSA’s express written consent.
You agree that any disputes arising out of this User Agreement and the APSA Code of Conduct shall be governed by the laws of the District of Columbia, United States of America without regard to principles of conflicts of laws. You agree to consent to the jurisdiction of, and any action concerning this Agreement shall be handled through final and binding arbitration following the rules of commercial arbitration defined by the American Arbitration Association , Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”) with arbitration taking place at APSA offices or a place mutually agreed by the parties involved.
Waiver by APSA of any term or condition of this User Agreement or any breach shall not constitute a waiver of any other term or condition or breach of this Agreement or a waiver of such term, condition or breach at a subsequent time.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be impaired or affected thereby.
Acknowledgment and Acceptance
I have read and understand the APSA Connect User Agreement and APSA Code of Conduct and agree to accept these rules and to use APSA Connect only in compliance with them.