Terms of Use

Welcome to the website of Hogrefe Publishing Corporation (“Hogrefe,” “we,” “us,” or “our”) a corporation formed and existing under the laws of the Commonwealth of Massachusetts. Hogrefe is a publisher of print and electronic assessments, books, and journals focused on psychiatry and psychology and operates the website located at www.hogrefe.com, among other websites. Hogrefe’s products and services include assessments for children and adults in clinical, educational, and human resources settings, texts and teaching resources for university faculty and students, a range of scientific journals in the fields of psychology, assessment, and psychiatry, reference works and manuals for practicing psychiatrists, psychologists, pharmacists, and counselors. The Hogrefe Terms of Use (the “Terms of Use”) apply to your use of all Hogrefe websites, applications, services, and products (collectively, the “Services” or individually a “Service”) that post a link to these Terms of Use and that are provided by any Hogrefe group company worldwide. The Terms of Use is a legal contract between you (“you” and “your”) and Hogrefe regarding your use of the Services. As a visitor to a Hogrefe website or user of the Services, you may also be referred to individually as a “User” and collectively as “Users” throughout the Terms of Use.

Please read the following Terms of Use carefully, because you are entering into a legal agreement with Hogrefe by accessing, browsing, or using the services. By accessing, browsing, or using the services, you acknowledge that you have read, understood, and agree to be bound by the following Terms and Conditions, including the Hogrefe Privacy Policy and any additional policies, guidelines, and requirements that may be incorporated by reference herein (collectively, the “Terms”). If you do not agree to the Terms, do not use the services or the website. The Terms shall not supersede any law, regulation, written policy of Hogrefe or other superseding written terms that govern the use of a specific Hogrefe service, or separate written agreement that any user of the website or services has entered into with Hogrefe where the agreement explicitly provides that it shall take precedence over these terms.

1. Accounts and Users

1.1 Registed Account Users

In order to use some of the Services, you may be required to register with us for an account. If registration is required, you agree to provide accurate and complete registration information. It is your responsibility to inform Hogrefe of any changes to that information. Each registration is for a single individual on their own behalf, or an individual serving as the authorized representative of a company or institution (the “Account Manager”), as specifically designated on the registration page. Hogrefe does not permit a) anyone other than you to use the Services requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. As a registered and authorized User of a Service, Hogrefe grants to you a non-transferable, non-exclusive and revocable license to use the Service for which you are registered according to these Terms of Use and all applicable additional terms that apply to the use of that Service. Except as expressly granted herein or in any other agreement you have with Hogrefe, you acquire no right, title or license in the Service or any Content accessed from or incorporated in the Service. By registering for an account, you are accurately representing to Hogrefe that you are who you say you are and that you are at least 18 years of age. You also represent that your use of the Services is and will, at all times, remain in compliance with the Terms of Use, all additional applicable terms and policies and all applicable laws.

1.2 Passwords and Account Security

If you use a password to access a Service, you must not reveal your password and must take reasonable steps to keep your password confidential and secure. You agree to immediately notify Hogrefe if you become aware of or have reason to believe that there is any unauthorized use of your password or account or any other breach of security. Hogrefe is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security. You may be liable for the losses incurred by Hogrefe or others due to any unauthorized use of your Hogrefe account.

2. Privacy Policy

Your privacy and the privacy of your clients and/or patients is important to Hogrefe. Please read the Hogrefe Privacy Policy, which is hereby incorporated into these Terms, for information relating to Hogrefe's collection, use, processing, storage and disclosure of personal information. Among other things, our Privacy Policy explains how we treat personal information and protect the privacy of personal information under applicable laws when you use our Services, and explains the procedures by which you may view, update, correct, or delete your personal information. In addition to the Hogrefe Privacy Policy, if your use of the Hogrefe Testsystem (“HTS”) is governed by the Health Insurance Portability and Accountability Act (“HIPAA”), then the Hogrefe HIPAA Privacy Policy will govern our collection, use, processing, storage and disclosure of personal health information of patients.

3. Return and Refund Policy

3.1 All sales are final

Hogrefe does not accept returns or provide refunds, except as provided in this policy.  Any eProduct, including eBooks and eContent, that has been accessed by the you as the purchaser cannot be returned for any reason, and no refunds will be provided.  In rare cases, Hogrefe will consider accepting returns of purchased hard copy materials (“materials”) and either issuing a refund or replacing the materials if they are received by you in damaged condition or not delivered to you as the purchaser in the first instance.  All returns, refunds and/or replacement materials, if any, will be determined at Hogrefe’s sole discretion after you as our customer submit a written request as set forth below.

3.2 Requests for returns, refunds and/or replacement

All requests for returns, refunds and/or replacement due to damage or non-delivery of materials must be made in writing to the Hogrefe Customer Support Team at customersupport(at)hogrefe.com and include the invoice number, order details, and be submitted:

 

a) Within 3 calendar days of receipt of materials for any claim that the materials are damaged.
b) Within 14 calendar days of placing an order, for any claim of non-delivery.
 

Refunds will only be offered upon review and approval of Hogrefe’s management and shall not exceed the original purchase price. 

3.3 Returns

Hogrefe will not accept returns without first receiving a return/refund request that meets the above requirements and the issuance of a determination by Hogrefe, in its sole discretion, that the claim is eligible for a return and either a refund or replacement. Shipping charges for the return of materials are the sole responsibility of you as the customer.  All materials authorized for return must be postmarked within 7 days of your receipt of return authorization from Hogrefe.  Hogrefe recommends that all customers return materials by a traceable route with proof of delivery to avoid additional charges.  Even after Hogrefe approves a return and/or replacement or refund for damaged materials, Hogrefe will not issue a refund or send a replacement until the original damaged materials have been received by Hogrefe.

 

4. Additional Terms, Policies and Guidelines

When using the Services, you are subject to the specific written terms and conditions that apply to each of the Services as well as all applicable Hogrefe policies, requirements, and guidelines, including but not limited to the Hogrefe Privacy Policy, Hogrefe Purchasing Terms and Conditions, and Hogrefe Qualification for Test Purchase. If your use of the Hogrefe Testsystem (“HTS”) is governed by the Health Insurance Portability and Accountability Act (“HIPAA”), then the Terms incorporate the Hogrefe Business Associate Agreement. All such additional terms, policies, requirements, guidelines, and rules are hereby incorporated by reference into the Terms.  Additional or superseding terms and conditions may also apply to purchases of certain Services, to specific portions or features of a Service, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms of Use and the terms that are posted for or applicable to a specific portion of the Service, for any service offered on or through the Service, or set forth in an institutional subscription or license agreement, the latter terms shall control.

5. Modification of the Terms

Upon accessing the Services and/or registering for an account with Hogrefe, you accept the Terms of Use in the form posted for the Services. Hogrefe reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms periodically for changes that are made after you open your account. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Hogrefe will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website and/or in the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) ten (10) days after Hogrefe makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

6. Hogrefe Content and Prohibited Conduct

6.1 Hogrefe Content

Unless otherwise set out herein, content comprised within the Services, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Hogrefe, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws.

6.2 Prohibited Conduct

You may not:

  1. Copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, or products or services obtained from the Services, in any medium to anyone, except as otherwise expressly permitted under these Terms of Use, or any relevant license or subscription agreement or authorization by us;
  2. Reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission;
  3. Engage in the systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;
  4. Use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Services or any other person’s use of the Services;
  5. Use any device, software or routine to bypass robot exclusion files or robot exclusion headers;
  6. Attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any Hogrefe server, or any of the products or services provided on, accessed from or distributed through the Services;
  7. Probe, scan or test the vulnerability of the Services or any network connected to the Services or breach or attempt to breach the security or authentication measures on the Services or any network connected to the Services;
  8. Without the advance written approval of Hogrefe, in its sole discretion, use the Services to publish or distribute any advertising, promotional material, or solicitation to other users of the Services to use any goods or services; and
  9. Intentionally interfere with or damage operation of the Website or any user's enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

7. Third-Party Sites, Products and Services, Links

The Services may contain links to third-party sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from external sites or resources linked to the Services. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Hogrefe.   Hogrefe welcomes you to link to the Services. You may establish a hypertext link to the Services, provided that the link does not state or imply any sponsorship or endorsement of your site, company, product and/or service by Hogrefe. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Services, including but not limited to any logos, without the express written consent or an explicit license of the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Services without prior written consent of Hogrefe.

8. Term and Termination

These Terms shall remain in full force and effect while you use the Services unless your account or access is terminated as provided in these Terms, in which case you no longer have the right to use the Services.  Any license granted to you to use any Service is effective until it expires, until Hogrefe terminates it, or until you provide notice to Hogrefe of your decision to terminate it. Your rights under the license will terminate automatically without notice to you if you fail to comply with any of the provisions of these Terms of Use. Hogrefe reserves the right to suspend, discontinue or change a Service, or its availability to you, at any time without notice. Upon termination of the license to a Service, you shall cease all use of the Service. Hogrefe may, in its sole discretion, for any or no reason, and without penalty, suspend or terminate any account (or any part thereof) you may have with Hogrefe or your use of the the Services and remove and discard all or any part of your account, at any time. Hogrefe may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that Hogrefe will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Hogrefe may have at law or in equity.

9. Representations and Warranties

You warrant, represent and agree that you will not use the Services in a manner that (i) infringes, violates or misappropriates another's intellectual property rights, copyrights, trademarks, trade secrets, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Hogrefe in violation of any applicable laws or regulations, including without limitation, applicable privacy laws (collectively, “Applicable Law”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password.

10. Indemnification

You agree, to the extent permissible under your country’s and state's laws, to indemnify, defend, and hold harmless Hogrefe, and its successors, affiliates, contractors, officers, directors, employees, agents, attorneys and its third-party suppliers, licensors, and partners (“Hogrefe Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) your failure to comply with Applicable Law; or (iv) the infringement or violation by you or any third-party using your account of any intellectual property, privacy, or other right of any other person or entity. Hogrefe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hogrefe, and you agree to cooperate with Hogrefe's defense of these claims. You agree not to settle any such matter without the prior written consent of Hogrefe. Hogrefe will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. No Warranties and Disclaimers

11.1 No Warranties
The services are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible pursuant to applicable law, hogrefe disclaims any and all warranties and conditions of any kind, whether statutory, express or implied, including, but not limited to, all implied warranties of merchantability, quality, availability, quiet enjoyment, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from hogrefe or through the services will create any warranty not expressly stated herein.

11.2 Content
Hogrefe does not warrant that the services or any data, content, functions, or any other information offered on or through the website will be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected. Hogrefe makes no representation or warranty that (1) the services will (a) meet your requirements or expectations, or be to your liking, or (b) will be timely, secure, accurate, free from errors or loss, or uninterrupted, (2) that the services are free from viruses or other harmful components, or (3) that any defects or errors will be corrected. Some features may be new or experimental and may not have been tested in any manner.

11.3 Harm to Your Computer
You understand and agree that your use, access, download, or otherwise obtaining of content, website materials, software, or data through the services at your own discretion and risk, and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results therefrom.

11.4 Limitations by Applicable Law
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

11.5 Additional Disclaimer
To the extent permitted under applicable law, neither Hogrefe nor its suppliers and licensors assume responsibility for any injury and/or damage to persons, animals or property as a matter of products liability, malpractice, failure to warn, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, tests, products or procedures displayed on the Services or incorporated in the Content included in or accessible from the Services. Practitioners and researchers must rely on their own experience, knowledge and judgment in evaluating or applying any information, which remains their professional responsibility.  Because of rapid advances in the medical sciences and changes in government regulations and clearances, we recommend that independent verification of diagnoses, treatments, indications choice of drugs and drug dosages should be made. Discussions, views, and recommendations expressed may not be considered absolute and universal for every situation. Hogrefe remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Hogrefe will not be liable for the failure by any user of the Services, Content or Submission to use due care in the use and validation of results made available through the Services or included in the Content, nor will Hogrefe be liable for any medical treatment provided by users to their patients, whether or not the Services or Content were used in connection with such treatment.

12. Limitation of Actions, Liability and Damages

12.1 Limitation of Liability
Under no circumstances, including, but not limited to, negligence, will hogrefe or the hogrefe parties be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any court action or legal dispute, lost business, lost revenues or profits, personal injury, death, property damage, loss of data, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) even if hogrefe or a hogrefe parties has been advised of the possibility of such damages arising out of or relating (i) to the terms; (ii) your use of (or inability to use) the services, or (iii) any other interactions with hogrefe or any third-party through or in connection with the services. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, hogrefe's liability will be limited to the fullest extent permitted by applicable law.

12.2 Time Limitation on Claims
Notwithstanding any applicable statute of limitations or other law that may otherwise provide for a longer period of time to bring a claim, any claim arising out of or in connection with your use of or inability to use the Services or the Content must be brought within one (1) year after the event or such claim is barred.

12.3 Limitation of Damages
In no event will hogrefe's total liability to you for all damages, losses, and causes of action arising out of or relating to the terms or your use of the services (whether in contract, tort (including negligence), warranty, or otherwise), exceed the amount paid by you to hogrefe, if any, for accessing the services during the twelve months immediately preceding the date of the claim or fifty us dollars ($50), whichever is greater.

12.4 No Class Action or Class Arbitration
Except where prohibited by applicable law, you agree that you will not bring, request, join, or participate in a class action or class arbitration proceeding as to any claim, demand, suit, or cause of action you may have against Hogrefe arising out of, relating to, or in any way connected with the Services or the Content, and you waive and relinquish any right you may now or in the future have to bring, request, join, or participate in any lawsuit or arbitration or other proceeding on a class action or consolidated basis or to participate as a representative or member of any class of claimants pertaining to any claim, demand, suit, or cause of action arising out of, relating to, or in any way connected with your use of the Services or the Content. This provision does not constitute a waiver of any of your rights and remedies to pursue a claim individually in accordance with the Terms.

12.5 Basis of the Bargain
You acknowledge and agree that hogrefe has offered the services and entered into the terms in reliance upon the disclaimers and the limitations of liability set forth herein, that the disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and hogrefe, and that the disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and hogrefe. Hogrefe would not be able to provide the services to you on an economically reasonable basis without these limitations.

13. General Terms

13.1 Notice
Hogrefe may provide you with notices, including those regarding changes to the Terms, by email, postings in or on the Website or within the Services, or through other reasonable means. Notice will be deemed given 24 hours after email is sent, unless Hogrefe is notified that the email address is invalid. Notices posted in or on the Website or within the Services are deemed given ten (10) business days following the initial posting. Any notices directed to Hogrefe shall be sent by first class U.S. Mail to Hogrefe at 44 Merrimac Street, Suite 207, Newburyport, MA  01950 and also via e-mail to customersupport(at)hogrefe.com.

13.2 Waiver
The failure of Hogrefe to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Hogrefe.

13.3 Governing Law
The Terms will be governed by and construed in accordance with the laws of the United States of America and the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.

13.4 Severability
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

13.5 Assignment
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Hogrefe's prior written consent, but may be assigned by Hogrefe without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

13.6 Export Controls
Where the Service or its Content consist of software that is subject to US, EU or any other Export Controls, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government, EU  or other embargo, or that has been designated by the U.S. Government or the EU as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, EU or any other list of prohibited or restricted parties.

13.7 No Assignment
You may not assign your rights or obligations under these Terms of Use to anyone.

Last Updated: June 9, 2022