TERMS of USE

TERMS AND CONDITIONS OF USE FOR TENNESSEE PSYCHIATRIC ASSOCIATION (TPA) WEBSITE

TPA is a District Branch of the American Psychiatric Association (APA).  

By accessing or using any of the Tennessee Psychiatric Association ("TPA") Internet properties including, without limitation, www.tennesseepsychiatricassociation.com,  or www.tennesseepsychiatricassociation.org, list serves, social media sites (i.e., twitter, facebook, linkedin), textline, or telephone lines, or any other electronic means of communication or information exchange, now in existence or which come into existence in the future (collectively referred to as the "TPA websites") you agree to comply with and be bound by these Terms and Conditions of Use ("Terms of Use"). 

Please read these Terms of Use carefully as well as TPA's Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you may not access or use the TPA websites.

You may print or save a copy (PDF) of these Terms of Use for your records.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the TPA websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the TPA websites and the TPA Content (as defined below) for your noncommercial personal use and for no other purpose. TPA reserves the right to bar, restrict or suspend any user's access to the TPA websites, and/or to terminate this license at any time for any reason. TPA reserves any rights not explicitly granted in these Terms of Use.
2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or unless you receive TPA's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the TPA websites, any TPA Content (as defined below), or any portion thereof. For the avoidance of doubt, TPA does not permit TPA Content, including TPA publications, to be input into any generative artificial/augmented intelligence or any other machine learning tools without written permission from TPA. Further, you may not (i) use the TPA websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the TPA websites, including TPA Content; (ii) interfere with the proper working of the TPA websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the TPA websites.
3. Your Acceptance; Revisions to Terms of Use. The TPA websites are available only to      individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the TPA regarding your use and access to the TPA websites. By accessing or using the TPA websites you agree to the Terms of Use. TPA reserves the right to revise these Terms of Use at any time in its sole discretion, and without specific notice to you, by posting revised Terms of Use to the TPA websites. Your use after such change signifies your acceptance of all the terms and conditions contained within the Terms of Use effective at that time. You will be responsible for regularly reviewing these Terms of Use for updates and/or changes.
4. TPA Policies; Additional Terms and Conditions. TPA's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the TPA websites (collectively "Additional Terms and Conditions") are incorporated herein by reference. To the extent that      there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
5. Click-Through Agreements. Before using certain areas of the TPA websites you may be asked to indicate your acceptance of additional  special terms and conditions by clicking a button marked "I Accept" or "I Agree" or "Okay." To the extent there is a conflict between these Terms of Use and any Click Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.
6. Personal Login Information. Certain features and areas of the TPA websites are available only with registration, login and/or a paid  subscription. If you are required to register and select a unique login  and password ("Personal Login Information"), you must keep your  Personal Login Information confidential. Your Personal Login Information is personal to you, and you may not allow any third party to use it under any circumstances. TPA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact TPA immediately if you become aware of or believe there is or may have been any unauthorized use of your  Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
7. Privacy Policy. For information about TPA's data protection practices and TPA's use and protection of your personal information, please read TPA's Privacy Policy which is incorporated into and made a part of these Terms of Use.
8. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the TPA websites and not interfere with the use and enjoyment of the TPA websites by other users or with TPA's operation and management of the TPA websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the TPA websites, including, without limitation, information required to be provided through an TPA Web site registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, TPA reserves the right to terminate your access and use of the TPA websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the TPA websites, or defame or otherwise harm any party, including TPA, through your use of the TPA websites.
9. User Generated Content. The TPA does not claim ownership of content that you post on or through the TPA websites, such as comments or posts that you submit on forums, blogs, listserves, or other electronic means of communication ("User-Generated Content"). When      submitting User-Generated Content, you will abide by the Code of Conduct which is incorporated herein by reference. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to the TPA a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to the TPA's Privacy Policy.
10. Proprietary Rights. The content of the TPA websites includes, without limitation, (i) TPA's trademarks, service marks, seal, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "TPA Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and  video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities,      applications, look and feel, and arrangement of any content contained in or available through the TPA websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "TPA      Content"). TPA Content is the property of the TPA, its licensors,      sponsors, partners, advertisers, content providers or other third parties and is 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, treaties and regulations. The      reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any TPA Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the TPA or the owner of such content if the TPA is not the owner. Any use of the TPA Marks without TPA's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the TPA Content, including any such notices appearing on any TPA Content you are permitted to download, transmit, display, print, or reproduce from the TPA websites.
11. Responsibility for Use of the Internet and TPA websites. Use of the Internet and the TPA websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. TPA does not guarantee the confidentiality or security of any communication or  other material transmitted to or from the TPA websites over the Internet      or other communication network. TPA shall not be obligated to correct or update the TPA websites or the TPA Content and TPA shall not be liable for omissions, typographical errors, or out-of-date information which may  appear on the TPA websites.
12. Medical Disclaimer. The information available on and through  the TPA's websites is presented in summary form as a supplement to, and NOT a substitute for, the knowledge, skill and judgment of qualified psychiatrists, psychologists, physicians and health care professionals.      The information has been obtained from sources believed to be accurate and reliable. However, TPA makes no warranty as to the accuracy, reliability or completeness of this information. Should you have any health, medical  or disability questions or concerns, please consult a physician or other  health care professional. Information accessed on or through TPA's      websites is neither complete nor exhaustive and does not cover all disabilities, diseases, illnesses and physical conditions or their management or treatment. Information accessed on and through TPA's  websites is provided "AS IS" and without warranty, express or implied, including, but not limited to, any implied warranty of merchantability or of fitness for a particular purpose. The information provided on the TPA websites is provided for general information only.
13. Patient Information. The TPA websites, including any public forums which you may access via the TPA websites, may contain confidential patient information ("Patient Information"). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you      will comply with all laws that may directly or indirectly govern your  retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing,receipt, reporting, disclosure or storage of Patient Information.
14. Third-Party Information. The TPA websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made      available by third parties such as content providers and other users of the TPA websites are those of the respective third party and not of TPA or  its affiliates. TPA makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy,      completeness, timeliness, or reliability of such third-party materials  information, services or products. Comments posted in the blog section of the TPA websites do not necessarily reflect the position of the TPA or any of its subsidiaries or related organizations.
15. Links to Third Party websites. The TPA websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which TPA exercises no control. The      appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the TPA websites, you do so entirely at your own risk. The TPA shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the TPA websites. Further, the TPA shall not be responsible or liable for the  statements or conduct of any third party advertisers appearing on the TPA websites. You shall be solely responsible for any correspondence or  transactions you have with any third party advertisers.
16. Links to TPA websites and TPA Content. Links posted by third parties to the TPA websites and/or TPA Content may not use the TPA trademark or logo and shall not suggest that TPA promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the TPA websites shall be the responsibility of the linking party. TPA reserves the right      to require any linking party to disable or remove any link that violates TPA's rights or causes interruption or deterioration of TPA Content.
17. Warranties Disclaimed. THE TPA websites AND TPA CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER TPA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "TPA PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT      LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE TPA websites OR TPA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE TPA websites WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TPA websites WILL MEET YOUR EXPECTATIONS; OR (iv) TPA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE TPA websites. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT  OF INTELLECTUAL PROPERTY.
18. Limitation of Liability. THE TPA PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT,      INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL,  INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE TPA websites AND/OR ANY TPA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE TPA websites AND/OR TPA CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED  FROM THE TPA websites, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE TPA      websites; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR      TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TPA websites; (vii) FROM ANY DELAY OR FAILURE OF THE TPA websites ARISING OUT OF CAUSES BEYOND TPA'S CONTROL; (viii) OUT OF THE USE OF,  REFERENCE TO, OR RELIANCE ON, THE TPA CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED  THROUGH, THE TPA websites (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF  INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS  PROVIDED BY OR ADVERTISED ON THIRD-PARTY websites; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE TPA websites OR TPA CONTENT. In the event you are dissatisfied with, or dispute, these Terms of Use, the TPA websites  and/or the TPA Content, your sole right and exclusive remedy is to terminate your use of the TPA websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that TPA has no other obligation, liability or responsibility to you or any other party.
19. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE      EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE   LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND TPA'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the TPA Parties from and  against all claims arising from or in any way related to your use of the TPA websites and/or TPA Content, a violation by you of these Terms of Use, or      any other actions connected with your use of the TPA websites and/or TPA Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. TPA will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the TPA Parties other than under this Section.
21. Term and Termination. These Terms of Use will take effect at the time you begin accessing the TPA websites. TPA reserves the right, with or without notice, at any time and for any reason to deny you access to the TPA websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail  to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the TPA Website, but all applicable provisions of these Terms of Use will survive such termination. Upon      termination, you must destroy all copies of any portion of the TPA websites, including any TPA Content, in your possession.
22. Arbitration; Venue. Any controversy or claim you have arising out of or relating to these Terms of Use shall be brought solely by you as an individual and not as part of, or as a representative of, a class. To the fullest extent permitted by law, any controversy or claim you have shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the state of Tennessee under its rules for resolution of commercial disputes. The arbitration shall be held in Tennessee. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator's award shall be final and binding. The courts of the State of Tennessee shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any controversy or claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts, and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction,  inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. TPA reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
23. Governing Law. These Terms of Use and all matters regarding your use of the TPA websites shall be governed by, construed in accordance with, and enforced under the laws of the state of Tennessee applicable to contracts made and executed and wholly performed in Tennessee,      without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in  electronic form shall be admissible in any legal, investigative or      regulatory proceedings.
24. Waiver and Severability. The failure of TPA to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or      unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
25. Click-through Agreement, constitutes the entire agreement between you and the TPA relating to the TPA websites and its use by you, and supersedes any previous written or oral communication regarding use of the TPA websites. The TPA websites are intended to be consistent with and in furtherance of the TPA's policies adopted by the TPA Board.
26. Contact Information. If you have any questions or concerns regarding these Terms of Use or the TPA websites, please visit our "Contact Us" page.
27. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the TPA websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
28. Use of TPA websites and TPA Content outside of the United States. TPA makes no claims regarding access or use of the TPA websites or the TPA Content outside of the United States. If you use or access the TPA websites or the TPA Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

coming soon

 The following is the Code of Conduct for User Generated Content on Tennessee Psychiatric Association ("TPA") Internet properties including, without limitation, www.tennesseepsychiatricassociation.com, or www.tennesseepsychiatricassociation.org, list serves, social media sites (i.e., twitter, facebook, linkedin), textline, or telephone lines, or any other electronic means of communication or information exchange, now in existence or which come into existence in the future (collectively referred to as the "TPA websites"). TPA’s websites allow users to submit comments and posts on forums, blogs, and other means of electronic communication. Users must comply with the following guidelines.

Guideline 1: Users agree to comply with all applicable U.S. law, as well as agree not to use the forum for illegal purposes, including but not limited to defamation, violation of intellectual property laws, violation of antitrust or unfair competition laws, or violation of criminal laws.

Guideline 2: It is usually acceptable to include a link to an article, while copying and pasting the actual text of the article may be in violation of copyright laws.

Guideline 3: Professional associations such as the TPA are, almost by definition, a group of competitors that has come together to pursue common interest. Where those common interests involve agreements on such terms of competition as rates charged, salaries paid, and standards applicable to members of the profession, the antitrust laws apply. 

Do not post any material that:  

1. References specific fees charged or paid for professional services; 
2. Discusses prices, discounts, terms or conditions of sale with regard to medical suppliers or other vendors or terms and conditions of provider agreements relating to reimbursement levels, bonus payments, and other price or cost-related items; 
3. Addresses salaries or terms of employment; 
4. Attempts to allocate patient markets or encourage collective or coercive activity with regard to third party payers, hospitals, other health care providers, or suppliers; 
5. Includes information that could otherwise be construed to impose a restraint on trade and inhibit free and fair competition; 
6. Encourages or helps members to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another’s business, or other conduct intended to illegally restrict free trade; 
7. Encourages or facilitates an agreement about prices, 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 supplier.

Guideline 4: Users agree to avoid personal attacks and characterizations that question a person’s motives, qualifications, or attributes. Abusive, profane, and threatening language is strictly prohibited.

Guideline 5: Keep criticism on an objective basis that is factually verifiable. Robust debate is encouraged. Personal commentary about character, competence or motive of another person is prohibited. Because negative statements that impugn someone’s professional qualifications can cause substantial economic and emotional harm, this is an area for careful scrutiny. Remember that false statements that harm someone’s reputation can be actionable as libel.

Guideline 6: Users agree to not intentionally interfere with or disrupt other forum members, network services, or network equipment. This includes distribution of unsolicited advertisement or chain letters, and the propagation of computer worms or viruses.

Guideline 7: Users agree not to use the TPA websites for commercial purposes, including all advertising, marketing, solicitation of business, vending, attempting to sell or promote products or services.

Guideline 8: Avoid any posts which include advertisements for products or services, news of job listings or position openings, and direct solicitation of other users to purchase products or services.

Guideline 9: Users agree to comply fully with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and applicable state and federal privacy laws. The forums are not the appropriate place to discuss individual patient cases.