APPA – Terms of Use

Effective Date: October 7, 2025

1. Introduction / Acceptance of Terms

Welcome to APPA’s websites (collectively, the “Site”). By accessing or using the Site, you agree to comply with and be bound by these Terms of Use (these “Terms”), as well as APPA’s Privacy Policy. If you disagree with any portion of these Terms, you must immediately discontinue use of the Site.

These Terms apply to all APPA-managed websites (including but not limited to appa.org). All references to “we,” “us,” or “APPA” refer to the Association of Higher Education Facilities Officers (APPA), a District of Columbia nonprofit corporation.

2. Changes to Terms

We may modify or update these Terms at any time, in our sole discretion, by posting the revised Terms on the Site. Your continued use of the Site after such posting constitutes acceptance of the revised Terms.

3. Use of the Site; Member Accounts

• Certain features or content may require registration or log-in credentials (“Member Accounts”). You are responsible for maintaining the confidentiality of your username, password, and any account.
• You must notify APPA promptly of any unauthorized use of your account or any security breach.
• APPA may suspend or terminate accounts, or restrict access, at its discretion, for violations of these Terms or for other legitimate reasons.

4. Acceptable Use / Prohibited Conduct

You agree not to use the Site to:

• Violate any law, regulation, or third-party rights
• Upload or transmit any malicious code (viruses, trojans, malware)
• Attempt unauthorized access, reverse engineer, scrape, hack, or degrade performance
• Harass, defame, or intimidate others
• Post or transmit unlawful, obscene, or infringing content
• Use the Site for commercial purposes or resale unless expressly permitted

APPA reserves the right to monitor use of the Site and remove any content or suspend access that, in APPA’s judgment, fails to comply with these Terms or is harmful to APPA or other users.

5. Intellectual Property / Restrictions on Use of Content

• The Site and all content on it—including text, images, graphics, data, course materials, tools, software, and design (collectively, “APPA Content”)—are the property of APPA or its licensors and are protected by copyright, trademark, and other intellectual property laws.
• APPA grants you a limited, personal, non-exclusive, revocable right to access and view the Site and APPA Content for your noncommercial, informational, educational, or internal organizational purposes.
• You may not copy, distribute, publicly display, create derivative works from, sell, republish, or otherwise use APPA Content except as expressly permitted by these Terms or with APPA’s prior written permission.
• You agree to retain and not remove any copyright, trademark, or other proprietary notices on any APPA Content you download or print.
• If APPA gives specific permission to use or reproduce a portion of its content, APPA may require you to (i) cite APPA appropriately, (ii) include a notice of copyright, (iii) use only an excerpt, etc.

6. User-Generated Content / Submissions

• The Site may allow registered users to submit content (forum posts, comments, uploads, suggestions) (“User Content”).
• You represent and warrant that you own or have all necessary rights to your User Content and that it does not infringe any third-party rights or violate any law.
• By submitting User Content, you grant APPA a perpetual, non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, display, modify, and distribute your User Content (including in derivative forms) in connection with the Site and APPA’s operations.
• APPA does not assume responsibility for your User Content, and may remove or refuse to display any User Content at its discretion.
• APPA disclaims any obligation of confidentiality with respect to your submissions, unless otherwise explicitly agreed.

7. Cookies & Tracking

• We and our third-party partners may use cookies, web beacons, pixels, and similar tracking technologies to (a) enhance user experience, (b) analyze trends, (c) monitor site usage, and (d) enable advertising or remarketing.
• By continuing to use the Site, you consent to our use of cookies and similar technologies as described in our Privacy Policy.

8. Disclaimer of Warranties

THE SITE, APPA CONTENT, AND ANY FUNCTIONALITIES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. APPA disclaims all implied warranties, including of merchantability, fitness for a particular purpose, noninfringement, and title. No advice or information obtained via the Site will create any warranty not expressly stated herein.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPA SHALL NOT BE LIABLE FOR ANY INDIRECT, incidental, consequential, punitive, or special damages (including lost profits, data loss, business interruption, or damages arising from third-party actions), even if APPA is advised of the possibility of such damages. In no event shall APPA’s aggregate liability exceed USD 100 (or equivalent) for claims arising from your use or inability to use the Site.

10. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless APPA, its officers, directors, agents, affiliates, licensors, and service providers from and against all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Site or your breach of these Terms.

11. Governing Law & Jurisdiction

These Terms, and any dispute arising from or relating to them, shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflicts of law principles. You consent to the exclusive jurisdiction and venue in the federal or state courts located in Washington, D.C.

12. Miscellaneous

• Relationship: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and APPA.
• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: No waiver by APPA of any breach or right will be considered a waiver of any other right or subsequent breach.
• Entire Agreement: These Terms plus the Privacy Policy constitute the full agreement between you and APPA regarding the Site, superseding prior agreements.
• Headings: Section headings are for convenience only and have no legal effect.