Terms of Use

Association of Writers & Writing Programs
Terms of Use

Last Updated: October 17, 2025

The following Terms of Use are entered into by and between You and the Association of Writers & Writing Programs (“AWP,” “we,” or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of awpwriter.org and any associated subdomains (the “Website”), including AWP’s Publicly Available Content, such as:

the Directory of Members,

the Guide to Academic Writing Programs,

our Directory of Writing Organizations,

our members-only Service, such as Job List, Contests & Calls, Teaching Tools, and Member Listing Management Tools, and

the AWP Conference & Bookfair tools that facilitate the proposal process, registration, and exhibits (collectively with the Website, the “Service”).

Please read the Terms carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms including the agreements incorporated by reference herein, you must not access or use the Service.

By using the Service, you represent and warrant that you are of legal age to form a binding contract with AWP and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

These Terms contain a mandatory individual arbitration agreement and class action/jury trial waiver provision that require, with only limited and specified exceptions, the exclusive use of final and binding arbitration on an individual basis only to resolve disputes, rather than jury trials or class actions or proceedings.

If you are an individual and you access or use our Service on behalf of a company, organization, principal, or other entity, such as your employer (each, together with its affiliates, an “Organization ”), then: (i) these Terms are an agreement between us and you and us and that Organization; (ii) you represent and warrant that you have the authority to bind that Organization to these Terms (and if you do not have the authority, you may not access or use our Service); (iii) your acceptance of these Terms will bind such Organization to these Terms; (iv) your individual right to access and use our Service may be suspended or terminated (and ownership and administration of your account may be transferred) if you cease to be associated with, or cease to use an email address associated with, owned by, or provisioned by, that Organization; (v) we may disclose information regarding you and your use of the Service, to such Organization or to appropriate individuals associated with that Organization; and (vi) the terms “you” and “your ,” as used in these Terms, refer to both you and such Organization.

Modification of Terms

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the beginning of these Terms. By continuing to use the Service at any point after such an update, you confirm your acceptance of the revised Terms, and all of the terms incorporated therein by reference. You should review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and share your personal information. By submitting your personal information through the Service, you expressly consent to the collection, use, and disclosure of personal information in accordance with the Privacy Policy.

Communications

By using our Service, you consent to receive electronic communications from us (e.g., via email, SMS, or by posting notices to the Service). These communications may include notices of transactional information and are part of your existing relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email including, but not limited to, newsletters, special offers, surveys, customer service, and marketing messages, and other news and information we think will be of interest to you. You may opt out of receiving these communications at any time by following the unsubscribe or opt out instructions provided therein.

Access & Use

You may use our Service only if you can form a legally binding contract with us (and on behalf of your Organization, as applicable), and only in compliance with these Terms and all applicable laws, rules, and regulations. Our Service is not available to any users who were previously removed from the Service, unless our duly authorized representative agrees otherwise in writing.

Our ability to provide high-quality Content depends, in part, on you complying with the Terms, particularly our copyright and reproduction policy. The amount of AWP Content that you can view depends on what kind of user you are. For example, if you are not a member or magazine subscriber, your access to Content is more limited.

We do not represent that the Service or Content is appropriate or available for access from or use in countries outside the U.S. If you choose to access or use the Service from outside the U.S., you are responsible for compliance with all foreign and local laws.

If you sign up for our Service using an email address associated with, owned by, or provisioned by an Organization, then we may deem you, in our sole discretion, to be accessing and using our Service on behalf of that Organization. You represent and warrant that all information that you provide to us regarding any Organization on whose behalf you use our Service, including information identifying other users associated with such Organization or email domains owned by such Organization, is and at all times will be truthful, accurate, and complete, and that you will immediately notify us should any such information change or no longer be truthful, accurate, or complete.

If you are an Organization on whose behalf an individual user is accessing or using our Service as described above, then you are responsible for the acts and omissions of all such individual users, and for ensuring that all such individual users comply with these Terms.

Accounts

You may be required to create an account (“Account”) to access certain Services. We may maintain different types of Accounts for different types of users. You acknowledge and agree that you do not own your Account.

By creating an Account, you agree to provide accurate, current, and complete Account information, and to maintain and promptly update your Account information as necessary. Each Account is for a single user only. You may not impersonate any person or entity or misrepresent a connection with any person or entity. You are responsible for maintaining the confidentiality of your login credentials and agree not to share your account details with others. You agree to immediately notify us at [email protected] if you discover or otherwise suspect any breaches of security related to your Account or the Service, including unauthorized use of your password. We are not liable for unauthorized access resulting from your failure to secure your credentials, and you accept all risks of unauthorized access to your Account and the information you provide. Further, we are not liable for any losses caused by any changes to your Account, including your ability to access your Account or User Content (defined below).

You are responsible and liable for all uses of the Service resulting from access provided by you, directly or indirectly, whether that access or use is permitted by or in violation of this Agreement.

In order to access the members-only features on our Service, an AWP member must have an active AWP user account. If a membership expires, that AWP account remains in the AWP system and membership can be activated again by the individual upon renewing (repurchasing) a membership.

A company administrator of an AWP organizational member program is responsible for authorizing the AWP members who are part of his or her organization to access and administer the organization’s account. This access can be revoked at any time by the company administrator.

For students, faculty, and staff of AWP organizational member programs, access to the members-only content on the Service will be granted or revoked at the discretion of the program director and any organizational member that the program director has authorized to access the member program’s account.

Prohibited Uses

Subject to your compliance with these Terms, you may access and use our Service, except as may be limited to you by your Organization. You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service, by hacking, password “cracking,” or any other illegitimate means. You may not breach or cause to breach the security or authentication measures on the Service, or any other systems or networks connected to the Service, or otherwise attempt to interfere with the proper functioning of the Service. You will not falsify your identity or impersonate another person, engage in conduct that limits the use and enjoyment of the Service, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.

In addition, you agree not to and will not assist another to:

reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Service, in whole or in part, except as expressly permitted by us;
upload, post, or store any materials that directly or indirectly contain viruses, corrupted files, or any other similar harmful mechanism;
link to, mirror, or frame any portion of the Service without our prior express written permission;
scrape, index, survey, or data mine any portion of the Service;
remove any notice of the proprietary rights of our licensors and us from any portion of the Service or printed version thereof;
use the Service (including, without limitation, by uploading to the Service, storing on the Service, using the Service to generate, using information or data generated through the Service, or otherwise providing AWP with access to any information, data, image, or other content) in any manner or for any purpose that: (i) infringes, violates, or promotes the infringement or violation of any applicable law, regulation, legal requirement, contractual obligation, or right of any person or entity, including intellectual property rights, rights of privacy, or rights of personality; (ii) is fraudulent, false, deceptive, or defamatory, including phishing; (iii) promotes hatred, violence, or harm against any individual or group; or (iv) otherwise may be harmful, obscene, or objectionable to AWP, its providers, its suppliers, its users, or others;
overload, flood, spam, or mail-bomb the Service; or otherwise use the Service in a manner that interferes with or creates an undue burden on the Service, including by using the Service to send unsolicited communications, promotions, advertisements, or spam;
use or display the Service in competition with us, to develop competing products or Service, for benchmarking or competitive analysis of AWP or the Service, or otherwise to AWP’s detriment or disadvantage;
attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service;
use or attempt to use a log-in credential other than your own, share passwords or authentication credentials for the Service, or otherwise circumvent our pricing, fees, or the measures we may use to prevent or restrict access to the Service, to enforce limitations on use of the Service, or to charge fees for each user of the Service; or
identify or refer to AWP or the Service in a manner that could reasonably imply an endorsement by us, or a relationship or affiliation between you or a third party and AWP, other than your permitted use of the Service in these Terms, without our express written consent.

We reserve the right to report any activity or content that we reasonably believe violates any law, rule, or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing your information as appropriate. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct.

Limited License; Permitted Use

You are hereby granted a limited, revocable, nonexclusive, nontransferable, nonassignable, non-sublicensable, “as-is” license to access and use the Service and related content for your own personal, non-commercial use; provided, however, that such license is subject to the Terms and does not include any right to (i) sell, resell, or use commercially the Service, (ii) distribute, publicly perform, or publicly display any content, (iii) modify or otherwise make any derivative uses of the Service, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Service, except as expressly permitted by us, and (vi) use the Service other than for their intended purposes. This license is subject to your compliance with these Terms.

You may do the following with the Content:

view and store it for your personal use on any device that is compatible with the Service (e.g., a PC, laptop, smartphone, or other mobile device).

print single copies of articles on paper for your personal use.

share links to articles by using our software tools on the Service.

share articles using our “Email article” tool.

Placement of AWP-supplied promotional materials is permitted as long as the guidelines for use are strictly followed. Unauthorized use of the AWP logo, with or without AWP’s, name, is prohibited.

Instructors at AWP member institutions are permitted to use AWP online content for pedagogical purposes provided that the content is not printed, shared, saved, or distributed. Such content may only be viewed online. If an instructor wishes to print or otherwise distribute copies of AWP content, he or she must contact AWP to determine the usage restrictions for a particular piece. AWP holds first serial rights and electronic rights to many pieces, but further use of certain pieces will require contacting the original author or creator.

All content that appears on the Service archives but is not created by AWP, including discussion comments and images, cannot be used outside of the Service or AWP archives, without express written permission from AWP and the original author.

Data Use & Ownership

User Content. If you submit material (“User Content”) to the Service, AWP, or any representative of ours, you (on behalf of our Organization, if applicable) represent and warrant that you have all rights necessary to grant and do grant AWP and its affiliates a nonexclusive, royalty-free, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such material throughout the world in any form, media, or technology now known or hereafter developed without attribution to you. You also permit any other user to access, store, and reproduce such User Content for that user’s personal use. You grant us the right to use the name that you submit in connection with such User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you submit; that any User Content you submit is truthful and accurate; that use of such User Content does not violate any Term and will not injure any person or entity; and that you will indemnify AWP and its licensors and their respective agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from any User Content you supply. You waive any moral rights that you may have in regard to your User Content.

You can remove your User Content from your Account by deleting it. However, in certain instances, some of your User Content may not be completely removed. We are not responsible or liable for the removal or deletion of any of your User Content, or any failure to remove or delete such content.

In connection with User Content, you represent and warrant that: (x) you have all necessary rights, licenses, and consents to provide, receive, access, and/or use User Content and any other content you provide, receive, access, and/or use through or in connection with our Services; and (y) User Content and our use thereof as contemplated by these Terms and our Services will not violate any law or infringe any rights of any third party, including any intellectual property rights and privacy rights.

Without limiting the foregoing, you will:

only publish User Content that is your original content and will not infringe the copyright, trade secret, confidentiality, or other right any of any third party.

not post, link to, or otherwise publish any User Content containing any recommendation, advertising, or promotion for any good or service, including any stock or other investment.

not disguise the origin of any User Content.

not post or transmit any User Content that contains any computer code designed to destroy, limit, or interrupt any functionality of the Service or anything else.

not collect or store another user’s personal information or inhibit or limit another user from using the Service.

We cannot monitor all User Content, and we have no control over User Content submitted by other users. We certainly can’t guarantee its accuracy, integrity, or quality. Also, some users may not behave properly and may post User Content that is misleading, untrue, offensive, or otherwise violates a Term. If we have actually received notice that some User Content breaches a Term, then we will review that User Content to decide whether to remove it from the Service. If you believe that any User Content infringes any legal right that you may have or is not allowed under the Terms, please notify us immediately with specific details at [email protected].

Intellectual Property Rights. You acknowledge and agree that the Content may contain content or features that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. The AWP name and logos are trademarks and service marks of AWP (collectively the “AWP Trademarks ”). Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AWP Trademarks or other Content, names, and logos used and displayed via the Service, without our prior written permission in each instance. All goodwill generated from the use of AWP Trademarks or other Content will inure to the exclusive benefit of AWP or the applicable rights holder.

Feedback. You may choose, or we may invite you, to submit comments, feedback, or ideas about our Service, including about how to improve our Service (“Feedback ”). You agree that we will own any such Feedback, and that we are free to use the Feedback without any additional compensation to you, and disclose the Feedback on a non-confidential basis or otherwise to anyone. You acknowledge that, by accepting your submission of Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

Copyright Complaints. We respect the intellectual property of others and ask that our users do the same. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied or used on the Service in a way that constitutes copyright infringement, please send the following information to our Copyright Agent at [email protected].

Your address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where the alleged infringing material is located on the Service.
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with the requirements of the section, your notice may not be valid.
AWP may, at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe upon the intellectual property rights of others.

Publicity Rights. You give us the right to identify you a user of the App in our promotional materials. You may request that we do not identify you as a User by contacting us using the contact information below.

Service Changes & Payments

We may change our Service, stop providing our Service or certain features of our Service to you or our users generally, start charging a fee for the Service or features thereof, or create usage limits for our Service.

We reserve the right at any time to charge fees for access to all or portions of the Service. If we require a fee, we will first require you to create an Account. You will not be charged for access to the Service unless you have indicated you agree to pay such charges. Note: By submitting your payment and other subscription details, you are making an offer to us to buy a subscription or other service. We will only accept your offer and have a contract when we have verified your payment details, email address, and any other information we deem reasonable. We reserve the right to reject any offer for any reason or no reason.

You will pay all fees and charges incurred on or as the result of the use of your Account, including the purchase of any products or services, at the rates in effect for the billing period in which such fees and charges were incurred. All fees and charges incurred in connection with your account will be billed to you, and you will be solely responsible for their payment. You are responsible for all applicable taxes and other fees, such as wire transfer fees, credit card processing fees, and foreign transaction fees. We may terminate your access to the Service if we have any doubt about your payment details or authorization. If you are entitled to a refund under the Terms, we will credit that refund to the card or other payment method you used to submit payment. If it has expired, we will contact you.

Suspension or Termination

We may permanently or temporarily terminate or suspend your access to our Service without notice or liability, without cause or for any reason, including if, in our sole discretion, you violate any provision of these Terms. Termination will be in addition to any other remedies we may have at law or in equity.

You may cancel or terminate your Account at any time by contacting AWP Membership Services at [email protected] or 240-696-7700. An active member is permitted to cancel a membership at any time for any reason. AWP does not extend refunds for unused memberships after the thirty days outlined in our Refund Policy.

Upon termination, whether by you or us, you may no longer have access to your User Content or information related to your Account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

Third Party Service & Links

Our Service may contain links to third-party materials that are not owned or controlled by us, we may refer you to certain third parties who provide independent Service relating to or supporting your use of our Service, and certain functionality of our Service may require your use of, or may be compatible with, third-party Service, sites, information, materials, products, applications, extensions, or Service (each, a “Third-Party Service ”). If you use a Third-Party Service, you are subject to and agree to the third party’s terms of service (or other applicable terms and conditions) and privacy policy made available by or via the Third-Party Service. We do not endorse or assume any responsibility for any such Third-Party Service. If you access a Third-Party Service from or with AWP or User Content on or through any Third-Party Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such Service. You expressly relieve us from any and all liability arising from your use of any Third-Party Service.

Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless AWP from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Service, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims ”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of, or are related to (a) your use or misuse of the Service; (b) any Feedback you provide; (c) your violation of these Terms; (d) your violation of the rights of any third party, including another user; (e) any breach or non-performance of any covenant or agreement made by you; or (f) the processing or other use of User Content infringes or misappropriates another party’s intellectual property rights. You agree to promptly notify AWP of any third-party Claims and cooperate with AWP in defending such Claims. You further agree that AWP shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND AWP.

Disclaimers

EXCEPT FOR THE LIMITED WARRANTY SET OUT ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND AWP SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRIGNEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE MAKE NO WARRANTY OF ANY KIND THAT THE SERVICE, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICE, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, INCLUDING ANY LOSS OF ACCESS TO USER’S POS SYSTEM, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT (INCLUDING USER CONTENT) EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO US BY YOU FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Dispute Resolution

Arbitration Agreement

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH AWP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

These Terms, including all matters of construction, validity, and performance, and all disputes arising out of or connected with the Terms and the Service (each a “Dispute ,” collectively, the “Disputes”), shall, in all respects, be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to any principles of conflict of laws, except that the arbitration clause herein shall be governed by the Federal Arbitration Act. Any Dispute shall be settled by mediation under the Commercial Mediation procedures of the American Arbitration Association (the “AAA”), except that if mediation of a Dispute is not successful within two (2) months of appointment of a mediator, such Dispute shall be settled by individual arbitration under the Commercial Arbitration Rules of the AAA. The place of mediation or arbitration shall be the AAA office nearest to Agency’s principal place of business in Virginia, Fairfax County. The language of the mediation or arbitration shall be English. The arbitrator shall be an expert or an attorney with experience in the field of intellectual property and advertising law. Notwithstanding this arbitration provision, any Dispute not resolved through arbitration that is less than $10,000 USD and qualifies for treatment on a non-jury basis in a small claims court in Virginia may be resolved in such small claims court on an individual basis at the election of either party. All Disputes shall be mediated, arbitrated, or litigated on an individual basis. You irrevocably waive any right it may otherwise have to proceed on a class or collective basis. Further, you irrevocably waive all right to trial by jury as well as any argument or claim of improper venue or forum non conveniens. The foregoing provisions shall not limit the right of AWP to collect payments due or payable, or prevent either party from commencing any action or proceeding to compel arbitration, obtaining injunctive relief pending the appointment of an arbitrator, or obtaining execution of any award rendered in any such action or proceeding, or in any other manner provided venue for all such proceedings shall be in the state or federal courts within Virginia, Fairfax County. The parties shall bear their own expenses, except that parties shall equally share the expenses of any mediator or arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the Dispute). The prevailing party in any arbitration may seek from the arbitrator an award of the party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any award rendered by any arbitrator may be entered in any court having jurisdiction thereof.

Class Action/Jury Trial Waiver

With respect to all persons and entities, regardless of whether they have obtained or used our Service for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You and we agree that the Arbitrator may award relief only to any individual claimant and only to the extent necessary to provide relief on individual claim(s). Any relief awarded may not affect other users. You and we agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

General

International Issues. We operate the Service from the United States of America. If you choose to access the Service from outside the United States of America, you are responsible for complying with applicable local laws.

Entire Agreement. These Terms, any applicable supplemental terms, and our Privacy Policy constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us, and govern your access to and use of the Service, and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the Service, whether oral or written.

Interpretation. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.

Severability. Should any part of these Terms be held invalid, illegal, void, or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

No Waivers. Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.

Governing Law. All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the federal laws of the United States of America applicable therein without giving effect to any choice or conflict of law provision or rule.

Venue. Subject to the above, any legal action or proceeding arising under these Terms will be brought exclusively in the Commonwealth of Virginia, Fairfax County, and we and you irrevocably consent to the personal jurisdiction and venue there.

Notices. We may provide you with any notices (including, without limitation, those regarding changes to these Terms) by email or postings on the Service. By providing us with your email address, you consent to our using the email address to send you any notices. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate or in connection with an acquisition, sale, or merger. These Terms shall be binding upon and inure to the benefit of the applicable parties and their successors and permitted assigns.

Contact

240-696-7700 or at [email protected]

Association of Writers & Writing Programs Terms of Use