This section contains the Association’s core legal and professional literature. It also contains some frequently asked questions about philosophical practice, and brief responses.
ARTICLES OF INCORPORATION
American Philosophical Practitioners Association, Inc.
A NEW JERSEY NONPROFIT CORPORATION
The undersigned incorporator, in order to form a nonprofit corporation under the laws of the state of New Jersey, adopts the following Articles of Incorporation:
The name of this corporation is:
American Philosophical Practitioners Association, Inc.
REGISTERED AGENT AND OFFICE
The Corporation shall maintain at all times a registered agent for service of process and registered office at the same address within the State of New Jersey. The name of the initially registered agent of this corporation is: Lou Marinoff, and the registered address is: 50 Glenwood Avenue, Suite #710, Jersey City, New Jersey 07306.
The specific purposes for which this corporation is organized are:
The Corporation is organized exclusively for charitable, educational, and scientific purposes within the meaning of Section 501(c) (3) of the Internal Revenue Code of 1986, or the corresponding section of any future federal tax code.
Notwithstanding other provisions of these bylaws, this Corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or (b) by a Corporation, contributions to which are deductible under Section 170 (c)(2) of the Internal Revenue Code.
The Corporation shall be operated for the benefit of the public, to lend support to and further the understanding of philosophical practice in the United States. Activities shall include: (a) education of the lay public and professionals concerning all aspects of philosophical practice throughout the United States, (c) implementation and administration of a certification program for philosophical practitioners, (d) serving as a liaison between practitioners of philosophical practice in the United States and foreign national organizations of similar purposes and interests, and (e) engaging in any other educational and professional activity in furtherance of the advancement of philosophical practice.
PRINCIPAL PLACE OF BUSINESS
The principle place of business of the Corporation is:
City College of New York, 137th Street at Convent Avenue, New York, New York 10031.
The corporation shall have members. The qualifications, if any, for membership in the organization shall be as set forth in the bylaws. The rights and limitations of the different classes of membership will also be as set forth in the bylaws.
ELECTION OF DIRECTORS
The method of electing directors shall be as set forth in the bylaws.
FOUNDING BOARD OF DIRECTORS
The first board of directors shall consist of the following directors:
Keith Burkum, Ph.D., Department of Philosophy, Felician College, 260 South Main Street, Lodi, N.J. 07644
Vaughana M. Feary, Ph.D., 237 Parker Drive, Morris Plains, N.J. 07950
Thomas Magnell, Ph.D., Department of Philosophy, Drew University, 36 Madison Avenue, Madison, N.J. 07940
Lou Marinoff, Ph.D., Department of Philosophy, The City College of New York, 137th Street at Convent Avenue, New York, N.Y. 10031
Paul Sharkey, Ph.D., P.O. Box 222, Lancaster, CA 93584
The duration of the corporation shall be indefinite.
The name and address of the incorporator is:
Jennifer Chandler Hauge, Esq., Post Office Box 225, Convent Station, NJ 07961
Upon dissolution of this corporation, assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, or the corresponding section of any future Federal tax code, or shall be distributed to the Federal government, or to a state or local government for a public purpose.
TAX EXEMPT PROVISIONS
Additional provisions for the operation of the corporation are as follows:
(1) Prohibition Against Private Inurement. No trustee, officer, of director of the corporation shall as such receive or become entitled to receive at any time any part of the net earnings or other net income of the corporation, nor shall any part of the net earnings of the corporation inure to the benefit of any person, except as reasonable compensation for services rendered and reimbursements for expenses incurred in conducting its affairs and carrying out its purpose; nor shall the corporation carry on propaganda or otherwise attempt to influence legislation (except as otherwise provided by Section 501(h) of the Internal Revenue Code), nor shall the corporation participate or intervene in any political campaign on behalf of any candidate for public office.
(2) In any year in which the Corporation is a private foundation:
(a) The corporation shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent Federal tax law;
(b) The corporation shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent Federal tax law;
(c) The corporation shall not make any investments in such manner as to subject it to tax under Section 4944 of the Internal Revenue Code of 1986, or any corresponding provisions of any subsequent Federal tax laws; and
(d) The corporation shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code of 1986, or corresponding provision of any subsequent Federal tax laws.
The undersigned incorporator hereby declares under penalty of perjury that the statements made in the foregoing Articles of Incorporation, set forth in the preceding four pages, are true.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Incorporation this ____ day of April, 1999.
Jennifer Chandler Hauge, Esq. Dated
Attorney At Law, State of New Jersey
Constitution of the
American Philosophical Practitioners Association
Article I. Mission
The American Philosophical Practitioners Association, or APPA, is a non-profit educational corporation dedicated to furthering philosophical practice. Philosophical practice is defined by the APPA as a set of philosophically-based activities that include personal action, individual counseling, group facilitation, organizational consulting and educational programing. The intent of these activities is to benefit the public. The activities are non-medical, non-iatrogenic and not allied intrinsically with psychiatry or psychology. The foci of these activities are educational, axiological and noetic. The APPA aims to further philosophical practice in America by educating the public, disseminating literature, cultivating client bases, providing referrals, initiating or approving courses and programs, conducting seminars and workshops, organizing or participating in conferences, inviting distinguished practitioners from abroad, certifying practitioners where advisable or necessary, recommending appointees to Boards of Examiners to certify applicants for State certification or licensing where applicable, providing liaison with American and foreign national organizations in both private and public sectors, and engaging in educational and other activities compatible with the advancement of philosophical practice.
Article II. Board of Directors, Officers and Executive Committee
1. The APPA will have a Board of Directors, consisting of not less than five persons and not more than eleven persons. The founding number is five. The Board of Directors will conduct its affairs, including the appointment of additional Directors, in accordance with the APPA’s articles of incorporation. Directors will serve terms of three years. Further terms of service will be determined by the Board of Directors in accordance with the articles of incorporation and bylaws of the Association. Any changes to this constitution must be approved by a majority of the Board of Directors.
2. The Board of Directors will appoint the Officers of the APPA. The APPA will have five officers: one President, three Vice Presidents, and one Secretary-Treasurer. The President will have general charge of the Association’s affairs, and may act with power on all matters not otherwise specified in the articles of incorporation, this constitution or subsequent legislation of the Association. The President will normally preside at official meetings. The Vice Presidents and the Secretary-Treasurer will be the President’s advisors and deputies, and may take charge of particular affairs of the Association as delegated or approved by the President. A Vice President will normally preside at official meetings in the President’s absence. The Secretary-Treasurer will be in charge of Association data, will receive and disburse Association funds as authorized by the President, and will record and report financial transactions as required by the APPA’s articles of incorporation. The Officers will be responsible for policies of the APPA, and will report as required to the Board of Directors. Officers will serve terms of three years. Further terms of service will be determined by the Board of Directors in accordance with the APPA’s articles of incorporation and bylaws.
3. The Officers of the APPA will appoint the Executive Committee. It will have no fewer than five members, who will serve terms of three years. The Executive Committee will be responsible for operations of the APPA, and will report as required to the Officers.
Article III. National and International Advisory Boards
1. Distinguished American practitioners will be invited by the Board of Directors to join the APPA’s National Advisory Board. They will be consulted, as need arises, on issues pertaining to policies and operations of the APPA. The normal term of service will be three years.
2. Distinguished foreign practitioners will be invited by the Board of Directors to join the APPA’s International Advisory Board. They will be consulted, as need arises, on issues pertaining to policies and operations of the APPA. The normal term of service will be three years.
Article IV. Certified Membership
Membership in the APPA is not restricted by nationality, age, sex, gender, race, ethnicity, political affiliation or religious persuasion. Certified membership in the APPA is normally restricted to persons who:
(1) hold an advanced degree in Philosophy (e.g. M.A., M.Phil., Ph.D., D.Phil.) from an accredited academic institution; and
(2)(a) have documented experience as a philosophical practitioner, which includes client counseling, group facilitation, or organizational consulting; or
(2)(b) have satisfied APPA training requirements for counselors, facilitators or consultants; and
(3) have attestable qualities of professionalism and reputability conducive to the integrity of philosophical practice.
Exceptional applicants who do not satisfy criterion #1, but who satisfy criteria #2(a) or #2(b) and criterion #3, may be considered for certified membership.
Article V. Affiliate Membership
Qualified, experienced and reputable practitioners of counseling, facilitation or consulting who are grounded in other vocations–e.g. legal, pastoral, psychiatric, psychological, social, managerial–but who explicitly or implicitly utilize philosophical elements in their practices, or who seek professional cooperation with philosophical practitioners, may apply for affiliate membership in the APPA. While affiliate members may not represent themselves as certified members of the APPA, they may, upon fulfilling the criteria in Article II, apply for certified membership. Affiliate members of the APPA will be eligible to participate in special seminars, educational programs and other events designed to enhance the philosophicality of their practices. The Directors may invite a representative Affiliate Member to serve on the National or International Advisory Board.
Article VI. Adjunct Membership
Holders of an accredited M.A. or Ph.D. in Philosophy, or the equivalent thereof (as determined by the APPA), may apply for adjunct membership in the APPA. Adjunct Members are eligible to register for and attend APPA educational programs, in partial fulfillment of APPA certification requirements. Adjunct Members who satisfy such requirements may then apply to become Certified Members. Adjunct Members who do not seek certification may retain Adjunct Membership. The Directors may invite a representative Adjunct Member to serve on the National or International Advisory Board.
Article VII. Auxiliary Membership
Any consenting adult who is a friend or supporter of philosophical practice may apply for auxiliary membership in the APPA. Auxiliary members need satisfy no professional requirements. Auxiliary members will be eligible to attend special events and other educational programs intended for the general public. The Directors may invite a representative Auxiliary Member to serve on the National or International Advisory Board.
Article VIII. Organizational Membership
Organizations may become members of the APPA. Member organizations will be offered annual general seminars, conducted by certified members of the APPA. Member organizations will also be eligible to register employees in special seminars, educational programs and other events designed to enhance individual, team and corporate ethos. The Directors may invite a representative Organizational Member to serve on the National or International Advisory Board.
Article IX. Advisory Membership
Invited members of the National or International Advisory Boards are advisory members of the Association. They may also apply to become Certified, Affiliate, Adjunct or Auxiliary Members, but are under no obligation to do so.
Article X. Honorary Membership
Individuals or organizations may become honorary members of the APPA. Honorary memberships are distinctions conferred by the Directors of the APPA.
Article XI. Responsibility, Liability and Indemnification
Under no circumstances will Directors, Officers, members of the Executive Committee, and members of the National or International Advisory Boards bear any responsibility for any actions of any members–whether advisory, certified, affiliate, adjunct, auxiliary or honorary members–of the APPA. Under no circumstances will Directors, Officers, members of the Executive Committee, and members of the National or International Advisory Boards be construed to make any representations about the actual practice of any philosophical practitioners. Directors, Officers, members of the Executive Committee, and members of the National or International Advisory Boards have no personal liability for the activities of the APPA or any philosophical practitioners, or anyone making any claim about philosophical practice, and are indemnified against all actions that may be taken against the Directors, Officers, members of the Executive Committee, and members of the National or International Advisory Boards, or in which they are individually named.
Article XII. Code of Professional Ethical Practice
The Directors, in consultation with the Advisory Boards, will approve and maintain a Code of Professional Ethical Practice suitable for philosophical practitioners in America, by which all practicing APPA members will abide. Failure by a member to abide by the APPA Code may result in disciplinary action by the Executive Committee, which may include suspension or expulsion from the APPA. The current Code is defined in and appended to the bylaws of this constitution.
Article XIII. Conduct of Business
1. The APPA will seek non-profit corporate status.
2. Its legal address will be:
50 Glenwood Avenue
Jersey City, NJ 07306
3. Its operational address will be:
The City College of New York
137th Street at Convent Avenue
New York, NY 10031
4. A quorum of the Board of Directors, including the President, will meet at least once annually.
5. There will be an annual general meeting of the Association, which all Directors, Officers, members of the Executive Committee, members of the National and International Advisory Boards, Certified Members, Affiliate Members, Adjunct Members, Auxiliary Members and Organizational Members will be invited to attend.
6. The APPA will conduct its business according to the articles of incorporation and bylaws of the Association, where said articles are mute, according to the provisions of this Constitution and future amendments thereof.
Article XIV. Operating Procedures
1. Directors Dues
Directors are exempt from dues, unless they additionally become members in a dues-paying category, in which case they will pay the corresponding membership dues.
2. Certified Membership Dues and Certificates
Certified membership dues of $90 annually are payable each March. Prospective members may apply at any time. Certified members’ dues are pro-rated for the initial year. Certified or prospective certified members experiencing financial hardship may apply to the Executive Committee for a reduction of dues. Certified members will receive certificates of certified membership bearing the seal of the APPA, and membership cards.
3. Affiliate Membership Dues and Certificates
Affiliate membership dues of $72 annually are payable each March, and are pro-rated for the initial year. Affiliate members will receive certificates of affiliate membership bearing the seal of the APPA, and membership cards.
4. Adjunct Membership Dues
Adjunct membership dues of $54 annually are payable each March, and are pro-rated for the first year. Adjunct members will receive membership cards.
5. Auxiliary Membership Dues
Auxiliary membership dues of $36 annually are payable each March, and are pro-rated for the first year. Auxiliary members will receive membership cards.
6. Organizational Membership Dues and Certificates
Organizational membership dues range from $1,494 annually, and are scaled according to the number of employees attending annual general seminars and/or special seminars, workshops or educational APPA events. Organizational members will receive certificates of organizational membership bearing the seal of the APPA. Employees attending general seminars and/or completing special seminars, workshops or other educational APPA events will receive personalized certificates bearing the seal of the APPA.
7. Advisory Membership Certificates
Advisory members pay no dues. They will receive certificates of membership bearing the seal of the APPA. Advisory members who additionally become members in a dues-paying category will pay the corresponding membership dues.
8. Honorary Membership Certificates
Honorary members pay no dues. They will receive certificates of honorary membership bearing the seal of the APPA.
9. Succession of Directors
Founding Directors of the APPA will serve initial three-year terms, following which the Board of Directors will be self-perpetuating. Expansions or contractions of, as well as additions to or removals from the Board, will be decided by a majority vote of the Board of Directors.
10. Presidential Veto
The President will have the power to veto in principle any decision made by a majority of Directors but opposed by the President. A Presidential veto in principle must be exercised in writing, by the President, to all Directors. Upon receipt of a written Presidential veto in principle, the Directors will, after due deliberation, either rescind or uphold the vetoed decision. If the decision is upheld, the President will either rescind or uphold the veto in principle. If the veto in principle is upheld, the President will then seek veto in practice. Veto in principle becomes veto in practice only if ratified via a plebiscite among all dues-paying APPA members. For ratification, the plebiscite must reflect a majority vote supporting the veto in a majority of membership categories (i.e. a majority of majorities among Certified, Affiliate, Adjunct, Auxiliary and Organizational Members). The results of such a plebiscite will be binding on the Directors and the President, and will serve either to quash or to uphold the decision in question.
11. Directorate Veto
The Directors will have the power to veto in principle any decision made by the President but opposed by a majority of the Directors. A Directorate veto in principle must be exercised in writing, by a majority of Directors, to all Directors and to the President. Upon receipt of a written Directorate veto in principle, the President will, after due deliberation, either rescind or uphold the vetoed decision. If the decision is upheld, the Directors will either rescind or uphold the veto in principle. If the veto in principle is upheld, the Directors will then seek veto in practice. Veto in principle becomes veto in practice only if ratified via a plebiscite among all dues-paying APPA members. For ratification, the plebiscite must reflect a majority vote supporting the veto in a majority of membership categories (i.e. a majority of majorities among Certified, Affiliate, Adjunct, Auxiliary and Organizational Members). The results of such a plebiscite will be binding on the President and the Directors, and will serve either to quash or to uphold the decision in question.
12. Code of Ethical Professional Practice
The Code will be composed of two parts: fundamental canons (i.e. overarching principles), and standards of ethical practice (i.e. specific principles). The APPA adapts the Standards of Ethical Practice of the American Society for Philosophy, Counseling and Psychotherapy (ASPCP) to serve as Part II of its Code of Ethical Professional Practice. The Directors reserve the right to amend or modify the Code of Ethical Professional Practice as circumstances warrant.
13. Certification and Education
(1) The Directors will adopt appropriate Certification Standards, and will offer educational programs to qualify Adjunct Members for certification. Suitable educational programs (not leading to certification) will also be offered to other categories of members. The Directors will appoint a Chair of a Board of Professional Examiners in each area of certified practice, who will recommend candidates for certification to the Directors. To become certified, a recommended candidate must be approved by a majority of Directors. Chairs of the Boards of Professional Examiners normally serve three-year renewable terms, but at all events serve at the pleasure of the Directors.
(2) Primary certificates will normally be valid for a period of up to two years, during which the holder may renew the primary certificate by renewing annual certified membership. However, an implied condition of primary certification is that the holder seek full certification, which is attained by advanced education and training programs. Primary certificates held by persons who do not subsequently qualify or seek to qualify for full certification will normally expire after two years, and said holders will not be eligible to renew their certified memberships until such time as they qualify for full certification. Extensions are possible on medical or compassionate grounds.
(3) Fully certified practitioners are expected to maintain awareness of (if not contribute to) salient developments in the field, and as such are expected to participate in regular educational and professional development. Such opportunities will be fostered by the Association.
(4) In keeping with its educational mission, the Association will offer suitable educational programs to all its non-certified members, and will further disseminate educational and informational material to the entire membership through newsletters, electronic publications, and other media.
(5) Non-certified members (i.e. Advisory, Affiliate, Adjunct, Auxiliary and Organizational Members) may neither explicitly nor implicitly misrepresent themselves as APPA-certified philosophical practitioners. Non-certified members who misrepresent themselves as APPA-certified practitioners will be suspended or expelled from the Association, and may suffer further legal repercussions.
14. Remuneration of Services and Expenses
A Director or Member may be remunerated for services rendered to the Association, and for expenses directly incurred in the rendering of said services. Remuneration will be approved by the Executive Committee.
15. Conflict of Interest
Notwithstanding aforementioned remuneration, the Board of Directors will not place itself in conflict of interest, either individually or collectively, with respect to private inurements deriving from services rendered to the Association. If the Board contracts a fellow Director or Member to render any such service, the maximum private inurement will be calculated as the fair market value of said service, minus ten percent. Other expenses (e.g. the approved purchase of goods or services by a Director or Member on behalf of the Association) will be fully reimbursed, upon submission of original receipts.
16. Historical Matter
The founding Board of Directors, Officers and Executive Committee consist of: Keith Burkum (Secretary-Treasurer); Vaughana Feary (Vice President); Thomas Magnell (Vice President); Lou Marinoff (President); Paul Sharkey (Vice President).
The founding National Advisory Board consists of: Harriet Chamberlain, Pierre Grimes, Kenneth Kipnis, Jean Mechanic, Wayne Shelton, James Tuedio.
The founding International Advisory Board consists of: Gerd Achenbach (Germany), Dries Boele (Netherlands), Stanley Chan (Canada), Jess Fleming (Taiwan), Ora Gruengard (Israel), Ida Jongsma (Netherlands), David Jopling (Canada), Anders Lindseth (Norway), Ernesto Spinelli (U.K.).
The APPA’s founding General Counsel is Ronald Goldfarb, Esq.
The APPA’s founding Special Counsel is Jennifer Hauge, Esq.
The original constitution was developed by the acting Directors at meetings in New Jersey, New York and Pennsylvania, during 1997-1998. The APPA was originally incorporated in Washington, D.C., in March 1998, and was reincorporated in Trenton, New Jersey, in April 1999.
The constitution was amended during 1998-1999, by the Board of Directors at meetings in New York, New Jersey, Washington D.C. and California. This version was ratified by a majority of Directors in March, 1999.
Bylaws of the
American Philosophical Practitioners Association
Section 1. Name.
The name of this Corporation is the American Philosophical Practitioners Association. The Corporation is also referred to herein as the “Association”.
Section 2. Purposes.
The Corporation is organized exclusively for charitable, educational and scientific purposes within the meaning of Section 501(c) (3) of the Internal Revenue Code of 1986, or the corresponding code section of any future federal tax code.
Notwithstanding other provisions of these bylaws, this Corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501 (c) (3) of the Internal Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code.
The Corporation shall be operated for the benefit of the public and to further the understanding of philosophical practice in the United States. Activities shall include: (a) education of the lay public and professionals concerning all aspects of philosophical practice, (b) support for the development of philosophical practice throughout the United States, (c) implementation and administration of a certification program for philosophical practitioners, (d) serving as a liaison between practitioners of philosophical practice in the United States and foreign national organizations of similar purposes and interests, and (e) engaging in any other educational activity compatible with the advancement of philosophical practice.
No part of the net earnings of the Corporation shall inure to the benefit of or be distributed to its dierectors, agents, officers, or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of the Corporation.
Article II: Principal Office; Registered Office and Agent
Section 1. Principal Office.
The address of the principal office of the Corporation is APPA, the City College of New York, 137th Street at Convent Avenue, New York, NY 10031. The Board of Directors may, from time to time, change the location of the principal office, or establish additional offices for the Corporation.
Section 2. Registered Agent and Office.
The Corporation shall have and continuously maintain a registered agent and office in the State of New Jersey. The Board of Directors may, from time to time, designate a different person as the registered agent and a different address as the registered office of the Corporation; provided, however, that any such designation shall become effective upon the registration of such change by filing with the State of New Jersey.
Article III: Memberships
Section 1. Members’ Rights.
All classes of members may avail themselves of the educational programs of the Association. Membership in any class shall be subject to the approval of the Membership Committee which may establish from time to time standards and guidelines for membership as well as the privileges applicable to each class of membership.
Section 2. Qualifications.
Memberships are not restricted by nationality, age, race, color, creed, religion, gender, sexual preference, disability, marital status, military status or the participation of the member in any other category protected by state or federal law. Membership in this Association shall be open to the public; however, there are qualifications for various membership categories, described herein.
(a) Certified members are individuals who hold an advanced degree in Philosophy from an accredited academic institution; have documented experience as a philosophical practitioner; have satisfied APPA training requirements for counselors, facilitators, or consultants, and demonstrate the qualities of professionalism and integrity conducive to the reputation and credibility of philosophical practice.
(b) Affiliate members are qualified, experienced and reputable counselors or consultants in other fields (e.g. law, psychology, social work, medicine), who explicitly or implicitly utilize philosophical elements in their practices, or who seek cooperation with philosophical practitioners.
(c) Adjunct members are holders of accredited Masters or Doctorate degrees in Philosophy, or the equivalent thereof, (as determined by APPA) and who seek certification as a philosophical practitioner.
(d) Auxiliary members are self-selecting friends and supporters of APPA. There are no special requirements for Auxiliary membership.
(e) Organizational members are corporate (for-profit or non-profit) entities which provide financial support for APPA and in return are eligible for opportunities to register their employees in various educational forums administered by APPA.
(f) Advisory members are members of APPA’s or similar organizations’ national or international advisory boards who are invited by the Board of Directors of APPA to serve as Advisory members.
(g) Honorary members are individuals or organizations recognized by the Board of Directors of APPA as Honorary Members for reasons approved by the Board of Directors from time to time.
(h) Sponsors of philosophical practice are not technically members but are individuals recognized due to their financial support for the Corporation. Sponsors may become Auxiliary members through application to the Corporation.
Section 2. Voting Rights.
Members may vote on matters brought to a general meeting of the members for a vote, as determined by the Board of Directors. Each member shall be entitled to one (1) vote, with the exception of Organizational Members which shall vote by delegation, each delegation being entitled to one vote.
Section 3. Removal.
Members of any classification may be removed from membership for cause by a two-thirds affirmative vote of the Board of Directors present at any meeting. For any cause other than nonpayment of dues, a vote for removal shall occur only after the member complained against has been advised of the complaint lodged and has been given reasonable opportunity for defense; and such member, if removed, may appeal from the decision of the Board to the Annual Business Meeting of the Association providing that notice of intent of appeal is provided to the President at least thirty (30) days in advance of the meeting.
Section 4. Reinstatement.
A former member desiring a continuous member record may be reinstated on showing proof of qualification and paying all dues in arrears. If, however, a continuous membership record is not desired, the member may be reinstated on showing proof of qualification and paying current year’s dues, plus a reasonable reinstatement fee as established by the Board of Directors.
Section 5. Resignation.
Any member may resign by filing a written resignation addressed to the Association, or through non payment of dues, but such resignation shall not relieve the member so resigning of the obligation to pay other charges theretofore accrued and unpaid.
Article IV: Meetings of Membership
Section 1. Annual Meeting.
An annual general meeting of the members shall occur at such location, date and time as determined by the Board of Directors. Any business may be presented at an annual meeting whether or not referred to in the notice of meeting, including matters brought before the membership for a vote. Members may attend and organizational members may be represented by a delegate or delegation. Notice of matters brought before the memberhsip shall be provided in accordance with Section 3 of this Article.
Section 2. Membership Meetings.
Meetings of any classification of members may occur periodically at such time and place as determined by the Board of Directors.
Section 3. Notice of Meetings.
Written notice of the date, time and place of all meetings of the membership Corporation and of the membership shall be mailed or faxed to each member at such member’s address or telefax number as it appears on the books of the Corporation at least ten (10) days before the date of the meeting. For each special meeting, the notice therefor shall state briefly the purpose(s) of the meeting.
Article V: Directors
Section 1. Authority and Responsibility.
The governing body of the Association shall be the Board of Directors. The Board of Directors shall have supervision, control and direction of the affairs of the Corporation, its committees, activities, and publications; shall adhere to the Duty of Due Care, Obedience and Loyalty; shall serve as fiduciaries and supervise the disbursement of the Corporation’s funds; shall determine its policies and monitor its affairs; shall actively pursue its objectives. The Board may adopt such rules and regulations for the conduct of its business as shall be deemed advisable, and may, in the execution of the powers granted, delegate certain of its authority and responsibility to an Executive Committee.
Section 2. Obligations to Disclose and Avoid Conflicts of Interest.
The Board of Directors shall adopt a conflict of interest policy which is reviewed from time to time for the purpose of prohibiting any Director from conducting his or her personal affairs in such a manner that a conflict of interest with the Corporation is created; and for the purpose of prohibiting conduct by the Corporation which would create a conflict of interest among or between members, Directors and the Corporation’s legal obligations.
Whenever a conflict of interest arises, or the appearance of a conflict of interest, such director or officer with the conflict (hereafter the “interested” director or officer) who is present at the meeting of the Board of Directors or of a committee of the Board, shall disclose in good faith the material facts as to such interest, or financial interest, or appearance of conflict of interest, and any action of the Corporation to approve activity in which a conflict of interest, or appearance of conflict of interest, exists, shall be approved by a majority of the disinterested directors.
Section 3. Composition of Board.
The Board of Directors shall consist of no less than three (3) and no more than thirteen (13) members; nominated and elected by the Board of Directors.
Section 4. Terms of Office and Manner of Election.
Directors may serve three-year terms, or until their successors have been elected and assume office. The President may serve an additional one (1) year term or until the successor has been elected and assumes office. The number of Directors and the manner of their election by the voting membership shall be determined by the Nominating Committee.
Section 5. Nominations.
The Nominating Committee, acting in accordance with Article VIII, Section 3, shall present to the full board one nominee for each vacancy or upcoming vacancy.
Section 6. Quorum of the Board.
At any meeting of the Board of Directors, a majority of the voting members of the Board shall constitute a quorum for the transaction of the business of the Association, and any such business thus transacted shall be valid providing it is affirmatively passed upon by a majority of those present and voting.
Section 7. Actions of the Corporation.
The approval of a majority of the Board of Directors present in person at a meeting at which a quorum is present, shall be an act of the Corporation, unless the act of a greater number is required by law or by the Articles of incorporation or by these bylaws.
Section 8. Meetings of the Board.
A regular meeting of the Board of Directors shall be held no less than two (2) times each administrative year at such time and such place as the Board may prescribe. Notice of all such meetings shall be given to the directors not less than thirty (30) days before the meeting is held. Special meetings of the Board may be called by the Chairman of the Board or at the request of any three (3) directors, by notice mailed, delivered, telephoned, facsimilied or electronically mailed to each member of the Board of Directors, not less than seventy-two hours before the meeting is held. Such meetings may be conducted by teleconference, if practicable, or by some other mechanism, as long as all participating directors can hear one another.
Section 9. Special Meetings.
A special meeting of the Board of Directors may be called at any time by the Chairman of the Board or President of the Corporation, by the Board of Directors, or upon the written request of at least one-third (1/3) of the members of the Association. The date, time and place of special meetings shall be as determined by the Board of Directors and designated in the notice thereof, provided that such special meetings shall be held at a reasonable location and within a reasonable time after the call therefor. Such special meeting may be conducted by teleconference call if practicable.
Section 10. Meetings Without a Meeting.
Meetings may be held without the requirement of the physical presence of any of the directors as long as the arrangements for the “meeting” include conferencing which enables all the participants to hear one another, such as by telephone conference. In the event that none of the directors are physically present together for conferencing, no action of the Corporation may be taken without unanimous written consent of all directors to such action.
Section 11. Voting.
Each director shall be entitled to one (1) vote. Voting rights of a director shall not be delegated to another nor exercised by proxy.
Section 12. Absences From Meetings.
Any elected officer or director who shall have been absent from two (2) consecutive regular meetings of the Board of Directors during a single administrative year shall automatically vacate the seat on the Board of Directors and the vacancy shall be filled as provided by the Bylaws; however, the Board of Directors shall consider each absence of an elected officer or director as a separate circumstance and may expressly waive such absence by affirmative vote of a majority of its members.
Section 13. Vacancies.
Any vacancy occurring on the Board of Directors between annual meetings shall be filled by the Board of Directors upon recommendation of the Nominating Committee. A director so elected to fill a vacancy shall serve the unexpired term of his predecessor.
Section 14. Resignation and Removal.
The Board of Directors may remove any director for cause or no cause by an affirmative two-thirds vote of the Board present at any regular or special meeting. Resignations of Directors must be made in writing to the President/Chairman of the Board of Directors and are effective when received or upon the date designated in the resignation letter by the Director who is resigning.
Section 15. Compensation.
Directors and elected officers shall not receive any compensation for their services on behalf of the Association but are entitled to reimbursement for reasonable and necessary expenses, as determined by the Board of Directors, which are incurred during the course of voluntary service as a Director.
Article VI: Officers
Section 1. Elected Officers.
The elected officers of the Corporation shall be a President of the Corporation who shall also serve as the Chairman of the Board, a Secretary and a Treasurer (one person may serve in both offices) and any other offices determined by the Board of Directors by resolution. All officers are elected by the Board of Directors and serve until their successors have been duly elected and assume office.
Section 2. Exemption from Dues.
Any officer of this Corporation is exempt from paying dues, unless that officer desires to be and qualifies as a dues-paying member of the Corporation.
Section 3. Nomination and Election of Officers.
In accordance with Article VIII, Section 3, the Nominating Committee shall prepare and submit to the Board of Directors nominations for President/Chairman, Secretary/Treasurer and such other officers as are determined by the Board. Any person so nominated shall have given prior consent to nomination and election as an officer.
Section 4. Term of Office.
Each elected officer shall take office immediately upon installation and shall serve for a term of three (3) years or until a successor is duly elected and qualified. Each elected officer shall serve concurrently as a member of the Board of Directors and as a member of the Executive Committee. Officers may be elected for successive terms of office.
Section 5. Vacancies-Removal.
Vacancies in any elected office may be filled for the balance of the term thereof by the Board of Directors upon recommendation of the Nominating Committee. The Board of Directors, by two-thirds vote of all its members, may remove any officer from office for cause.
Article VII: Duties Of Officers
Section 1. President/Chairman of the Board.
The President shall be the chief elected officer of the Association and serve as Chairman of both the Board of Directors and the Executive Committee. The President/Chairman shall also serve as an ex-officio member of all committees except the Nominating Committee and shall make all required appointments of standing and special committees and trustees. The President/Chairman does not vote except to break a tie. The President/Chairman may exercise a veto as determined by the Board of Directors through resolution.
At the Annual Meeting of the Association and at such other times as deemed proper, the President/Chairman of the Board shall communicate to the members such matters and make such suggestions as may tend to promote the welfare and increase the usefulness of the Association. The President/Chairman shall perform such other duties as are necessarily incident of the office of Presient of the Corporation and Chairman of the Board or any that may be prescribed by the Board of Directors.
Section 2. Secretary.
The Secretary shall:
Be custodian of, certify and maintain the original and copies of the records of the Corporation, including these bylaws, at the principal office of the Corporation as amended and otherwise current;
Keep at the principal place of business of the Corporation or at such other place as the Board may determine, a book of minutes of all meetings of the Board of Directors and if applicable, meetings of committees, and members, recording therein the time and place of meetings, the notices for such meetings and the names of those present or represented at the meetings and the proceedings thereof;
See that all notices are duly given in accordance with these bylaws;
Keep at the principal place of business of the Corporation or at such other place as the Board may determine, a board book containing the names, addresses and other information of each members of the Board of Directors and a similar Membership book or records of membership;
In general perform all duties incident to the office of Secretary of a corporation, and such other duties as may be required by law, these bylaws, or the Articles of Incorporation, or which may be assigned from time to time by the Board of Directors.
Section 3. Treasurer.
The Treasurer shall:
Be responsible for the status of all financial activity of the Corporation including keeping and maintaining or being responsible for the maintenance of correct accounts of the Corporation’s properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses;
Exhibit at all reasonable times the books of account and the financial records of the Corporation to any Director, officer or agent or attorney thereof, on request therefore;
Deposit or cause to be deposited all funds in the name of the Corporation in such banks, trust companies or financial institutions and using such financial instruments as the Board of Directors may authorize;
Disburse or cause to be disbursed the funds of the Corporation, as may be directed by the Board of Directors or as may be necessary for the Corporation to meet its financial obligations;
Oversee the collection of members’ dues and assessments;
Prepare or cause to be prepared any annual reports required by state or federal governments;
Establish and monitor proper accounting procedures for the handling of the Corporation’s funds;
Cause to be prepared an annual review of financial accounts, controls and practices by a certified public accountant; and,
Report on the financial condition of the Association at all meetings of the Board of Directors and at all other times as called upon by the Chairman of the Board, and
Perform such duties as may be specified by the Board of Directors.
Article VIII: Committees Of The Board Of Directors
Section 1. Membership Committee.
The Board of Directors may appoint a Membership Committee consisting of such persons as may be appointed by the Board of Directors, subject to the requirements set forth below in Section 6 of this Article VIII. The Membership Committee shall perform the duties with respect to nominations and applications for membership in the Association set forth above in Article III of these Bylaws.
Section 2. Executive Committee.
The Board of Directors may appoint an Executive Committee which shall have and may exercise all of the powers granted to the Board of Directors, subject to the limitations set forth below in Section 6 of this Article VIII. All members of the Executive Committee shall be eligible for election as officers of the Corporation.
Section 3. Nominating Committee.
The Board of Directors may appoint a Nominating Committee to recommend to the Board nominees for election to the Board of Directors pursuant to Article V, Section 4 of these Bylaws.
Section 4. Personnel Committee.
The Board of Directors may appoint a Personnel Committee with responsibility for decisions with respect to the hiring, compensation, employee benefits, supervision, disciplining, and dismissal of any agents, employees, or independent contractors hired to perform services for the Corporation, subject to such limitations as the Board of Directors by resolution may impose.
Section 5. Other Committees.
The Board of Directors may appoint from time to time such other committees to serve such purposes of the Association as the Board of Directors shall deem appropriate.
Section 6. Committee Requirements and Limitations.
Notwithstanding any other provision of these Bylaws, each committee appointed by the Board of Directors shall: (a) Be subject to such limitations as may be imposed by the Board of Directors, these bylaws, the Articles of Incorporation or applicable law; and (b) keep regular minutes of its meetings and shall present the same to the Board of Directors at the meetings of the Board of Directors. In the event the Board of Directors declines to appoint any of the Committees enumerated in this Article VIII, the Board of Directors shall fulfill the functions of that committee.
Article IX: Contracts, Checks, Deposits
Section 1. Contracts.
The Board of Directors may authorize any officer(s), agent(s) or employee(s) of the Corporation, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances.
Section 2. Checks and Drafts.
All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation shall be signed by such officer(s), agent(s) or employee(s) of the Corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors.
Section 3. Deposits.
All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies or other depositories as the Board of Directors may select.
Section 4. Gifts.
The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the Corporation.
Article X: Books and Records and Annual Audit
Section 1. Records and Books of the Corporation
The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of meetings of the members, the Board of Directors and committees having any of the authority of the Board of Directors, and shall keep at its principal office a record giving the names and addresses of the members entitled to vote. All books and records of the Corporation may be inspected by any regular member, or his or her agent or attorney, for any proper purpose at any reasonable time, except as otherwise expressly provided by these Bylaws or by resolution of the Board of Directors or as required by law.
Section 2. Annual Audit
The Board of Directors shall cause to be prepared an independent audit of the Corporation at he conclusion of each fiscal year. The audit report shall be disclosed as applicable to state and federal governments in conjunction with the Corporation’s financial reporting obligations.
Article XI: Records and Inspection Rights
Section 1. Maintenance of Corporation Records.
The Corporation shall keep at its principal place of business:
(a) Minutes of all meetings of directors, committees of the Board and, as applicable, meetings of members, indicating the time, date and location of the meeting, whether regular or special, the notice given, and the names of those present or that proxies were provided, and the proceedings thereof;
(b) Adequate and correct books and records of account, including accounts of its properties, assets, liabilities, income and business transactions;
(c) A copy of the Corporation’s Articles of Incorporation, application for tax-exemption (Form 1023 with attachments), Determination Letter from the IRS, and all annual returns, correspondence with the IRS and the State of New Jersey, or any other state government with regulatory authority over the Corporation, and any contracts executed in the Corporation’s name or on the Corporation’s behalf.
Section 2. Directors’ Inspection Rights
Every director shall have the absolute right at any reasonable time to inspect and copy all books, records, and documents of every kind and to inspect the physical property of the Corporation and shall have such other rights to inspect the books, records, and properties of this Corporation as may be required under the Articles of Incorporation, other provisions of these bylaws, and provisions of law.
Section 3. Public’s Inspection Rights
This Corporation has the obligation to provide to individuals a copy of the corporation’s application for tax-exemption and annual returns to the IRS when the request is bona fide and does not constitute harassment. When a request is made, the Secretary of the Corporation shall respond by providing the individual making the request with a copy of the requested documents, immediately if in person, and within a reasonable time period, if the request is in writing. The Corporation may charge a reasonable copying fee.
Section 4. Periodic Reports.
The Board of Directors shall cause any annual or periodic report required under law to be prepared and delivered to any government office or the federal government and to be accurately prepared and filed within the time limits set by law.
Article XII: Indemnification Of Directors, Officers and Employees
Each director, officer or employee of the Corporation, including the heirs, executors and administrators of each director, officer, or employee, shall be indemnified by the Corporation against all costs, expenses and amounts of liability therefor, including counsel fees, reasonably incurred by or imposed upon him or her in connection with or resulting from any action, suit, proceeding or claim to which he or she may be made a party, or in which he or she may be or become involved by reason of his or her acts of omission or commission, or alleged acts of omission or commission, as such director, officer or employee, or, subject to the provisions hereof, any settlement thereof, whether or not he or she continues to be such director, officer or employee at the time of incurring such costs, expenses or amounts, and whether or not the action or omission to act on the part of such director, officer or employee which is the basis of such suit, action, proceeding or claim, occurred before or after the adoption of this Bylaw, provided that such indemnification shall not apply with respect to any matter as to which such director, officer or employee shall be finally adjudged in such action, suit or proceeding to have been individually guilty of negligence or misconduct in the performance of his or her duty as such director, officer or employee, and provided, further, that the indemnification herein provided shall, with respect to any settlement of any such suit, action, proceeding or claim, include reimbursement of any amounts paid and expenses reasonably incurred in settling any such suit, action, proceeding or claim, when, in the judgment of the Board of Directors of the Corporation, such settlement and reimbursement appear to be for the best interests of the Corporation. The foregoing right of indemnification shall be in addition to and not exclusive of any and all other rights as to which any such director, officer or employee may be entitled under any insurance, agreement, resolution of the members or Board of Directors or otherwise.
Section 1. Fiscal Year.
The fiscal year of the Corporation shall begin on the first day of June and end on the last day of May in each year.
Section 2. Amendments to the Bylaws.
The Board of Directors of the Corporation shall have the right and power to adopt amendments to the Bylaws at any meeting of the Board of Directors upon a 2/3 vote of approval by the directors then in office or by unanimous written consent of all directors if through written approval without a meeting; provided that in all cases the action is proposed at a regular or special meeting of the Board of Directors, that written notice of the proposed changes was sent to Directors of the Corporation at least three (3) weeks in advance prior to the meeting. The Executive Committee does not have the power to amend bylaws on its own.
Section 3. Waiver of Notice.
Whenever any notice is required to be given to members and/or directors under the provisions of the Articles of Incorporation, these Bylaws or applicable law, a waiver thereof in writing signed by the member(s) and/or director(s), as the case may be, entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.
Section 4. Periodic Reports.
The Board of Directors shall cause any annual or periodic report of this Corporation required under law to be prepared and delivered to an office of the state or federal government as applicable, within the time limits
Section 5. Prohibited Political Activity.
No substantial part of the activities of this Corporation shall be the carrying on of propaganda, or otherwise attemting to influence legislation and this Corporation shall not participate in, or intervene in, any political campaign for public office.
Section 6. Insurance.
The Corporation may purchase and maintain insurance on behalf of the corporate entity, and any person who is or was a director, officer or agent of the Corporation, against any liability asserted against him or her as a result of his or her actions on behalf of the Corporation.
Section 7. Dissolution.
In the event of a dissolution of the Corporation, or winding up of the Corporation, whether voluntary or involuntary, or by operation of law, after payment of debts and liabilities, or provision for payment, the property or assets of the Corporation shall be distributed in accordance with the Articles of Incorporation, for one or more exempt purposes within the meaning of Section 501(c) (3) of the Internal revenue Code or to a state or local government, for a public purpose.
APPROVAL OF CORPORATE RESOLUTION
ADOPTING APPA BYLAWS
RESOLVED that the bylaws set forth on the preceding 13 pages are hereby approved and duly adopted by the Board of Directors of the American Philosophical Practitioners Association.
- Certification Structures for Philosophical Practitioners
- Application Materials
- Certification Standards for Client Counselors
Certification Structures for Philosophical Practitioners
1. Certification Structures
Adjunct Members or qualified Affiliate Members in good standing may apply for certification. There are three areas of certified practice: client counseling, group facilitation and organizational consulting. The APPA offers two categories of certification in each area: Associate and Fellow. Within each category, there are two levels: Primary and Full Certification. An Associate or Fellow with Primary Certification may practice as a Certified Member with supervision from the APPA. An Associate or Fellow with Full Certification may practice as a Certified Member without supervision. All Certified Members are bound by the APPA Code of Professional Ethical Practice.
Certification in Multiple Areas
A Member certified in one area of practice may seek certification in another area of practice, but must fulfill respective requirements. Certification in one area of practice does not automatically confer certification in another. Members who become certified in more than one area do not pay multiple dues; they pay normal certified membership dues, independent of the number of areas in which they are certified.
The minimum academic requirement for certification as an Associate is an earned Master’s Degree or ABD in Philosophy (or Licensura in Hispanic countries). The academic requirement for certification as a Fellow is an earned Doctoral Degree in Philosophy.
Recertification from Associate to Fellow
A Primary or Fully Certified Associate who earns a Doctorate in Philosophy from an accredited institution of higher learning may be recertified, respectively, as a Primary or Fully Certified Fellow, by submitting official proof that the Doctorate has been conferred. There will be no charge for such recertification. All other conditions of certified membership apply.
Temporal Constraints on Primary Certification (from APPA operating procedures, section 13.2)
Primary certificates will normally be valid for a period of up to two years, during which the holder may renew the primary certificate by renewing annual certified membership. However, an implied condition of primary certification is that the holder seek full certification, which is attained by advanced education and training programs. Primary certificates held by persons who do not subsequently qualify or seek to qualify for full certification will normally expire after two years, and said holders will not be eligible to renew their certified memberships until such time as they qualify for full certification. Extensions are possible on medical or compassionate grounds.
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Qualified persons–that is, experienced philosophical practitioners–are invited to apply for APPA Certification. Applications should include:
• APPA Membership via the website–either Join or Renew, as an Adjunct member (see Adjunct criteria first);
• letter stating area, category and level of certification held (if any) and/or sought;
• current curriculum vitae;
• proof of advanced degree in philosophy;
• graduate transcripts;
• types and dates of APPA training programs completed (if any);
• summary and evidence of experience as a philosophical practitioner (include written case studies and/or relevant publications);
• three letters of recommendation from referees–SENT BY THEM–who can attest to your experience as a philosophical practitioner;
• $300 non-refundable processing fee, paid via the website as a donation (100% tax-deductible for US taxpayers)..
Applications will be reviewed by APPA’s Board of Professional Examiners, whose decision is final.
— Successful applicants will be granted Certified status.
— Unsuccessful applicants may apply $150 of the processing fee toward a future Certification program.
Supporting materials should be emailed as Word or PDF attachments to firstname.lastname@example.org Hard copy materials should be mailed to:
P.O. Box 166
Monroe, NY 10949-0166
Your submission of fees and supporting materials entails your full agreement with the applicable terms and conditions.
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Certification Standards for Client Counselors
3. Certification Standards for Client Counselors
Certification as an Associate
Primary Certification as an Associate signifies basic competency minimally required for supervised practice with individuals. The minimum academic requirement for certification as an Associate is an earned Master’s Degree or ABD in Philosophy (or Licensura in Hispanic countries). Candidates must demonstrate evidence of appropriate competency in ethics (values analysis/clarification), logic (formal and informal reasoning), epistemology (belief justification), metaphysics (world views) and at least the major figures and themes of the history of western (and preferably also eastern) philosophy. While no particular philosophical orientation is expected or required, candidates should also be familiar with the basic principles and themes of both the analytic and existential/phenomenological traditions of recent philosophy. In addition, candidates must demonstrate practical knowledge of the principles of interpersonal psychology, psychopathology, experience and/or training in personal counseling, familiarity with the history of philosophy as a discipline of counsel, and evidence of personal stability and good character. Evidence of satisfactory demonstration of these requisites and skills may be established by successful completion of the APPA Primary Certification Training Program for Philosophical Counselors.
Primary Certified Associates may practice as Certified Members of the APPA under the supervision of an APPA approved Fully Certified Fellow in Client Counseling. Supervision is normally conducted by submission of audio cassette or written case study (with prior consent of the client) to an APPA supervisor. Recorded or written commentary on the cases will be provided by the supervisor for which a fee will be charged. Upon the submission of a minimum of ten cases over a period of at least one year of practice, or a one-year internship under APPA supervision, Primary Certified Associates will be eligible to complete an APPA Advanced Certification Training Program for Client Counselors. Upon the successful completion of that program, candidates will be granted Full Certification in Client Counseling.
Certification as a Fellow
Primary and Full Certification as a Fellow are identical to Primary and Full Certification as an Associate, respectively, except that the minimum academic preparation for a Fellow is an earned Doctorate in Philosophy. Fully Certified Fellows are eligible, by APPA invitation, to provide training and supervision of candidates for APPA Certification.
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Code of Ethics of the
American Philosophical Practitioners Association
While individual philosophical practitioners may differ in method and theoretical orientation, for example, analytic or existential-phenomenological, they facilitate such activities as: (1) the examination of clients’ arguments and justifications; (2) the clarification, analysis, and definition of important terms and concepts; (3) the exposure and examination of underlying assumptions and logical implications; (4) the exposure of conflicts and inconsistencies; (5) the exploration of traditional philosophical theories and their significance for client issues; and (6) all other related activities that have historically been identified as philosophical.
Although several other helping professions have also incorporated some of the aforementioned ancient, philosophical activities into their therapeutic practices, they should not thereby be confused with the private practice of philosophy as defined by the performance of distinctively philosophical activities for which philosophical practitioners have uniquely been educated and trained.
As the ethical code of the American Philosophical Practitioners Association, the Standards of Ethical Practice establish principles of ethical conduct that are binding upon all member practitioners and which shall accordingly serve as the basis for addressing ethical complaints against member practitioners.
Part I: Fundamental Canons
i. Philosophical practitioners will, above all, endeavor to do no harm.
ii. Philosophical practitioners will render their services for the benefit of their clients.
iii. Philosophical practitioners will refer clients for appropriate alternative care if the clients’ problems are adjudged to be not primarily philosophical in origin, or not amenable to philosophical approaches.
iv. Philosophical practitioners will respect the dignity and autonomy of their clients, and will respect their confidentiality and protect their anonymity to the extent required by law.
v. Philosophical practitioners will conduct their consultations and deliberations with reputability and integrity, and will refrain from behaviors, practices and conflicts of interest that would bring the profession into disrepute.
vi. Philosophical practitioners will, beyond attending to the needs of their clients, endeavor to serve the greater good of the community and society in which they reside.
Part II: Standards of Ethical Practice
(adapted from the American Society for Philosophy, Counseling and Psychotherapy)
i. In providing professional services, the philosophical practitioner should maintain utmost respect for client welfare, integrity, dignity, and autonomy.
ii. Philosophical practitioners should facilitate maximum client participation in philosophical explorations. They should avoid dictating “correct” answers to client queries and issues, but should actively encourage the client’s own engagement of reflective powers and rational determinations. In cases in which a client is seeking assistance for purposes of resolving a specific problem such as an ethical problem or other practical matter, philosophical practitioners may, in light of philosophical exploration of the matter, suggest possible courses of action. However, they should make clear to the client that the final decision rests with the client.
iii. Philosophical practitioners should be sensitive to alternative “world views” and philosophical perspectives including those based upon cultural or gender distinctions among diverse client populations.
iv. Philosophical practitioners should not engage in any form of unjust discriminatory activity. While a philosophical practitioner is not required to accept as clients all those who seek services, the refusal to render such services should be based solely upon the perceived inability to provide beneficial services, or upon other relevant issues of practice.
v. Philosophical practitioners should avoid creating dependency relations in clients and seek wherever possible to instruct clients in the methods and theories of philosophy so that clients may continue to apply these methods and theories without the assistance of the philosopher.
vi. Philosophical practitioners should avoid scheduling unnecessary meetings or sessions. The services of the practitioner should be terminated when, to the client’s satisfaction, the purposes for which they were sought have been fulfilled or when no further benefits are likely to accrue from their continuation.
vii. The philosophical practitioner should refrain from manipulating or coercing the client, as well as any form of fraud or deceit.
viii. Philosophical practitioners should be scrupulously accurate about their credentials and qualifications. They should not mislead the client about their credentials and should not hold themselves out (either implicitly or explicitly) as mental health counselors, psychologists, or authorities in any other field for which they are not otherwise qualified. No member should hold himself or herself out (either implicitly or explicitly) as a philosophical practitioner without having duly satisfied all training and degree requirements for certification as provided for by the Association.
ix. Philosophical practitioners should not employ techniques or methods not associated with training in philosophy (for example, hypnosis or other psychiatric/psychological interventions) for which they are not otherwise qualified.
x. On or prior to the first meeting, the philosophical practitioner should provide the client with clear, accurate, honest, and complete information regarding the nature of services he or she is qualified to render, and should not make any unwarranted claims about the utility or effectiveness of such services.
xi. When a client’s problem or reason for seeking philosophical services falls outside the purview of the practitioner’s qualifications or areas of competence, then the practitioner should provide the client with an appropriate referral.
xii. At all junctures in the process of providing philosophical services, the philosophical practitioner should seek to maintain the freely given and informed consent of the client.
xiii. The philosophical practitioner should inform the client of his or her fees prior to the commencement of services.
xiv. The philosophical practitioner should safeguard a client’s right to privacy by treating as confidential all information obtained from the client, except where disclosure is required by law or is justified in order to prevent imminent, substantial harm to the client or to others. In all such exceptional cases, disclosure may be made provided that it is made to the appropriate party or authority and no more information than necessary is disclosed. The philosophical practitioner should inform the client of the pertinent limits to confidentiality upon initiating services.
xv. The philosophical practitioner who confidentially receives information establishing that his or her client has a contagious, fatal disease is justified in disclosing (necessary) information to an identifiable third party who, by his or her relation to the client, is at high risk of contracting the disease. The philosophical practitioner should, however, first confirm that neither the client nor any other party has already disclosed the information nor intends to make the disclosure in the immediate future. Prior to disclosing the information, the practitioner should inform the client of his or her intention to disclose. In proceeding with disclosure, the practitioner should act mindfully of the welfare, integrity, dignity, and autonomy of both client and third party.
xvi. The philosophical practitioner should secure and treat as confidential all records and written documents obtained or produced in the course of providing services. Such documents, or the content thereof, may not be shared with other professionals without the freely given and informed consent of the client.
xvii. For purposes of research, training, or publication, the philosophical practitioner may use data obtained in the course of counseling provided that all identifying references are deleted or fictionalized in order to ensure client privacy and confidentiality. Prior to initiating services, practitioners should inform their clients of such possible use of acquired data.
xviii. Philosophical practitioners should avoid sexual intimacy with clients or any other form of dual role relation which might compromise the integrity of the professional relationship.
xix. Philosophical practitioners should not use their affiliations with colleges, universities, or other institutions or agencies as means of recruiting clients for their private practices. They may, however, use such affiliations as documentation of relevant background and/or training.
xx. A philosophical practitioner who is aware of violations or intended violations of the Standards of Ethical Practice by another member practitioner should take appropriate measures to prevent the misconduct. Generally, if the misconduct can be prevented or rectified by calling the violation to the attention of the offending practitioner, then this is the preferred course of action. If such efforts fail or are not feasible, the violation should be called to the attention of the Association’s Executive Committee.
xxi. Philosophical practitioners should exemplify those moral qualities of character that are associated with being philosophical (for example, being open-minded, honest, rational, consistent, fair, and impartial).
xxii. Philosophical practitioners should keep informed about current statutes, legal precedents, social issues, etc. that are relevant to their practice and which might affect the quality of services they render. Similarly, those practicing as consultants in a specialized field, such as medical ethics, should keep informed of changes in health law and policies that may affect the quality of their services.
xxiii. Consistent with the Standards of Ethical Practice, the philosophical practitioner should comply with existing local, state or provincial, and federal laws relevant to the private practice of philosophy and should work for change of existing laws where such laws prevent or obstruct its ethical practice.
xxiv. Philosophical practitioners should seek to promote mutual understanding, cooperation, and respect between philosophy and other helping professions including teaching, mental health, social work, medicine, and psychology.
xxv. Philosophical practitioners should contribute to the advancement of the private practice of philosophy by promoting public understanding of its nature and value through such activities as research, publication, teaching, lecturing, and competent, ethical practice.
FAQ About Philosophical Counseling
There’s a significant difference. Academic philosophy involves a study of the history of ideas, of arguments about various ideas, of arguments about arguments about various ideas, of … well, you get the idea. Philosophical counseling involves a study of your ideas and how they affect your life–and how changing your ideas can change your life. One might compare academic philosophy to art history, and philosophical counseling to painting. The former studies paintings; the latter paints them.
No, it isn’t. Psychological counseling can be a very important stage in your self-understanding and self-development. There are many kinds of psychological counseling theories and methods, and each may have something to offer you. At the same time, many if not most psychological counselors are focused solely on the emotions, and never get beyond them. Then again, many important psychologists–like Jung, Rogers, Ellis, Frankl and Fromm–moved toward philosophical ways of counseling. Most philosophical counselors appeal to higher aspects of your being than your emotions–such as your reason–which in the long run is a stronger force to be reckoned with in your life. Many clients of philosophical counseling have sensibly explored psychology as a prelude to philosophy–like learning to swim in shallow waters before venturing into deeper ones.
No, it isn’t. Some people suffer from cerebral illnesses, which can render them dysfunctional or even dangerous to themselves or others. Such persons may benefit from psychiatric care. Philosophical counselors, however, are concerned that psychiatry potentially labels every kind of human problem or behavior a “mental illness”: we find such a view unacceptable. People experiencing moral dilemmas, professional ethical conflicts, problems concerning value, meaning or purpose, conflicts in relationships, uncertainties about identity or career change, or difficulty coping with loss, are usually quite normal in every respect, and not at all cerebrally ill. Diagnosing such problems as “mental illness” may do more harm than good. People with severe cerebral, emotional or behavioral disturbances may benefit from psychiatry, from psychotropic drugs, and the like. People with ordinary human problems may benefit from psychological or philosophical counseling.
If we say it’s an art-form we’ll soon be in trouble, because if philosophical counseling is an art, and if art can be anything, then philosophical counseling can be anything. Which it isn’t. Then again, it’s also true that talk-therapy depends somewhat on the artistry of the therapist, and also on the aesthetic match between the counselor and counselee. Insight, imagination and creativity are crucial in both artistic and therapeutic endeavors. So while philosophical counseling isn’t strictly an art-form, it has some things in common with art-forms.
On the other hand, if we say it’s a science we’ll be in trouble too, because science has cumulative theories and methods which give us more and more reliable knowledge over time–as for example in medical science. While you wouldn’t want your physician to apply medical knowledge from Aristotle’s era to your physical problem, you might want your philosophical counselor to apply Aristotle’s theory of ethics to your moral problem. In this sense, philosophical counseling isn’t a science: older theories and methods can be more useful in a given case than newer ones. Then again, Nelson’s method of Socratic dialogue is definitely scientific in so far as it’s reliable and has been improved overtime. And of course, Indian philosophy has developed many highly effective forms of meditation, which are both philosophical practices and sciences of self-development. So while philosophical counseling isn’t exactly a science, it has some things in common with science.
So, at the risk of sounding completely paradoxical, we’d have to say that philosophical counseling combines elements from both art and science, but is neither art nor science. Confused? Maybe philosophical counseling can help!
Good question. The APPA believes that people who call themselves philosophical counselors should have all the following qualifications:
(1) an advanced degree in philosophy, such as an M.A. or a Ph.D. (or equivalent);
(2) documented experience in counseling clients philosophically;
(3) professionalism and reputability of character (which includes recognizing clients who are not good candidates for philosophical counseling, and providing appropriate referrals).
Many philosophical counselors have cross-training in rational emotive therapy, or Zen, or applied ethics. Although individual styles and methods may vary considerably, all APPA-certified counselors satisfy the above criteria. For further details, see our Standards (select Archives from the menu).
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FAQ About Group Facilitation
Philosophers work with groups in several ways.
Most commonly, they teach philosophy in the classroom. Depending on the vitality and inspirational ability of the professor, a philosophy lecture can change your life forever, or merely put you to sleep. Between these two extremes, at least it ought to make you think. In any case, teaching is one way of doing philosophy with a group.
But philosophers have other ways of working with groups: informally, formally, and organizationally. A popular informal method is the philosopher’s cafe; a popular formal method is the Socratic dialogue. Philosophers also work with groups within organizations, delivering such services as dilemma training, ethics compliance, and conducting other specialized, goal-oriented workshops.
There are several main reasons why. They began in France, which is a definitive cafe-culture. The French have a tradition of great poets, writers and philosophers meeting in cafes, and scribbling their works on napkins. The idea of a Renaissance is closely linked with the cafe, as with the salon (another French invention.)
But philosopher’s cafes are speading throughout Europe and North America for larger reasons. To begin with, there are substantial numbers of thoughtful people who have been thoroughly alienated by tabloid culture. Thoughtful people derive very little intellectual stimulation from contemporary television and movies. Moreover, they have almost no place to air and defend their views, and to challenge the views of others. The philosopher’s cafe provides such a forum.
While the universities foster an intellectual climate (or, as the case may be, an anti-intelletual climate), their mission is to offer specialized studies often far-removed from issues of daily life. Universities do not generally offer thoughtful adults a time or place to philosophize about issues relevant to their everyday lives. The philosopher’s cafe or forum serves precisely this purpose.
Thoughtful people need more than solitary meditation, more than vacuous cocktail parties, more than mindless television, more than special-effect movies, and more than the gratuitious slogans, sex and violence of tabloid culture. Thoughtful people need to spend some time in a social milieu that offers intellectual stimulation and exchange. That’s what philosopher’s cafes provide, and that’s why they are becoming so popular.
Absolutely not. You need only what nature has already given you: a brain, and the ability to think for yourself. A philosopher’s cafe is not a philosophy lecture; the philosopher presides only as a moderator, to maintain the conversation on a philosophical footing. The discussion is thoughtful but non-technical. You will be challenged to defend your beliefs or opinions, but you will not be asked to refer to a list of philosophy books in order to support your views. In fact, the opposite is usually true: instead of showing off your erudition by referring to great works you may have studied, you will be obliged to think for yourself, to give your own reasons for the views you hold. The premise of the cafe is that people can and should think for themselves. What Plato or Nietzsche thought about some issue, and why, may be important in the classoom. What you think about some issue, and why, is more important in your life, and in your exchange of views with others. Many people actually enjoy thinking for themsleves, but are rarely given an opportunity these days. Everyone is a philosopher in a philosopher’s cafe.
Absolutely not, for the same reasons as above. A Socratic dialogue presupposes that you already know the implicit anwers to certain universal questions, and merely provides a vehicle for answering them explicitly. For example, take the question “What is integrity?” You might not be able to define “integrity” off the top of your head, but you’ve probably had an experience of integrity in your life, right? Aha! If you’ve had an experience that you recognize as integrity, then Plato would claim that you must already know what integrity is, at least implicitly. The Socratic dialogue provides an elegant and effective method for making that knowledge explicit. By recourse to their experience and reason alone, non-philosophers can precisely answer questions such as “What is justice?”, “What is liberty?, “What is love?”, and so forth. If the Socratic dialogue is conducted properly, the group’s answer to a given question will be as good as any philosopher’s, or better. However, you definitely need a philosopher to guide you through a Socratic dialogue–and not just any philosopher. Specifically, you need one trained to facilitate a Socratic dialogue according to the Nelsonian method. But a participant in the dialogue can come from any walk of life.
As you can easily discover for yourself, there are all kinds of benefits of such participation. These benefits are quite independent of whether you spend two hours in a philosopher’s cafe, or two days in a Socratic dialogue. They are also independent of the particular question you are exploring. By investing some time as a participant in a philosophical group, you will begin to exercise several virtues that are indispensable in other contexts too. Chief among these are thoughtfulness, attentiveness, tolerance, and open-mindedness. By being thoughtful, you develop the higher reaches of your big brain–which is presumably why you have one. By being attentive to what others are saying, you develop your capacity to concentrate. By bring tolerant of views that may differ from yours, you both develop your humanity and set a humane example. Practicing these three virtues helps you keep an open mind, which prevents you from making rash or foolish judgements (“hardening of the categories”), and grants you maximum scope for continued personal growth. If you participate in a philosophical group, you’ll probably discover other virtues too. Please let us know!
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FAQ About Organizational Consulting
Philosophical counsultants can provide a whole range of services, depending on your needs. Here are a few examples. They can design, build, implement and maintain codes of ethics. They can help you achieve and maintain ethics compliance. They can help resolve dilemmas or conflicts of interest between private morality and professional ethics. They can help harmonize the workplace by enhancing its ethos. They can conduct special seminars or workshops to address specific organizational or interpersonal problems. They can apply techniques from counseling and/or facilitation to achieve particular short-term goals, like decreasing white collar crime, increasing tolerance, or distinguishing offense from harm. In these and other ways, they can improve the functionality of your organization.
Almost. It started a mere 2,500 years ago. Aristotle was a consultant to Alexander the Great–who went on to conquer the world. Confucius, whose philosophy is even more influential in Chinese culture than is Aristotle’s in the west, was a free-lance philosophical consultant. Lao Tzu, perhaps the most brilliant Chinese philosopher, was a senior civil servant. Bacon, Hobbes, Hume and Locke all acted as political and/or diplomatic advisors. Queen Catherine of Sweden hired Descartes as her personal philosopher. In every age, philosophers have been available as consultants–though not every age has been wise enough to enage them. If the wisdom of a culture can be gauged by the number and quality of philosophical consultants it employs, then our culture has a chance to become surpassingly wise.
The basic premise of philosophical consulting may be this: that virtuous organizations function better than vicious ones. Not only is virtue better than vice in and of itself; virtue also brings better consequences than vice. Whether we consider the cardinal virtues of antiquity (courage, justice, temperance, wisdom), the Christian virtues of the middle ages (faith, hope, charity), the Kantian virtues regarding others (autonomy, respect, dignity), or the ethical virtues of modern professionalism (integrity, honesty, responsibility), we see that these qualities are as desirable in organizations as they are in individuals. Why? Because these virtues benefit those who practice them, as well as those who come into contact with them. In contrast, their opposite qualities are as undesirable in organizations as they are in individuals. Why? Because vices are detrimental to those who practice them, as well as to those who come into contact with them. Understanding virtue and vice is a traditional occupation of philosophers. Helping organizations to become more virtuous and less vicious is a traditional occupation of philosophical consultants.
Is “business ethics” an oxymoron?
Perhaps many people think so, but that doesn’t make it so. Some people reason this way: business is about maximizing profits; ethics is about compromising profits for the sake of principles; therefore ethics is not compatible with business. If you reason this way too, then why don’t you rob, cheat and steal for a living? Why don’t you scam elderly people out their life savings? Why don’t you sell narcotics to children? (Maybe you do, in which case you should stop!) Most people don’t do these things for the sake of profits, because these things are wrong! Not just illegal, but also immoral. Such activities engender misery, suffering and harm. Such businesses are bad–even if profitable–and those who engage in them sooner or later pay the moral price. They are suspected, reviled, feared, hated, pursued, targeted, investigated, arrested, indicted, sentenced, jailed, otracized, ruined. Even though Hollywood glorifies organized crime, do you really think that’s an enviable life? Of course not. Then business ethics isn’t an oxymoron after all; it’s just organized honesty. It’s possible to earn money and generate wealth in moral, beneficial and constructive ways. Being ethical in your business and in your business practice is good for you, good for your clients, and therefore also good for business itself.
Only if your Corporate Philosopher drives a car. But either way, your organization should get a philosophical consultant. Put one in-house, or put one on retainer. Try one out, and see the results for yourself. In the heyday of American manufacturing (the so-called “Golden Era” of capitalism), industrial psychologists helped static manufacturers maximize the performance of their human resources. As we approach the heyday of globalization, corporate philosophers are helping dynamic organizations maximize the performance of their total resources. The philosophical consultant can conceptualize, analyze, systematize and optimize complex and increasingly amorphous global structures. That’s worth a parking space, and then some.
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(b) By us. We retain the right to terminate, restrict, or suspend these Terms, your Profile, and/or your license to access or use our Services at any time in our absolute and sole discretion, without prior notice, for any reason or no reason, as determined by us.
- 15. DISCLAIMERS.
(a) IF YOU CHOOSE TO USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE APPA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO USERS WHO POST OR PROVIDE SERVICES, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. OUR SERVICES AND CONTENT ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR SERVICES, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE WEBSITE, AND/OR THE SERVICES, THE APPA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE APPA MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, AND/OR CONTENT WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE, BUG-FREE, OR MALWARE-FREE BASIS. THE APPA MAKES NO WARRANTY REGARDING THE QUALITY OF OUR SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.
(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE APPA OR THROUGH THE WEBSITE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO OTHER USERS AND/OR THIRD PARTIES. YOU UNDERSTAND THAT THE APPA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES. THE APPA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES.
(c) WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE IDENTITY OF A USER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APPLICATION, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS AND/OR THIRD PARTIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE FACILITATED BY THE SERVICES. THE APPA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD-PARTY.
- 16. Release and Waiver of Claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST US AND OUR AFFILIATES, INCLUDING ANY AND ALL LIABILITY FOR DAMAGES (ACTUAL AND OR CONSEQUENTIAL), COSTS AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO: (A) THE SERVICES OR THESE TERMS, (B) AN PRODUCTS PURCHASED THROUGH THE SERVICES (C) YOUR DEVICE (D) ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER’S REPRESENTATIONS OR WARRANTIES, AND/OR (E) ANY INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL INFORMATION AND/OR CONTENT OBTAINED OR ACCESSED BY OR THROUGH THE SERVICES. FURTHER, IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND THAT ANY FACT RELATING TO ANY MATTER COVERED BY THESE TERMS MAY, AT SOME TIME IN THE FUTURE, BE FOUND TO BE TRUE, AND YOU ACCEPT AND ASSUME THE RISK OF SUCH POSSIBLE DIFFERENCES IN FACT. IN ADDITION, YOU EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS WHICH YOU MAY HAVE HAD UNDER ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT, TO THE FULLEST EXTENT PERMITTED BY LAW.
- 17. Assumption of the Risk YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES OR CONDUCTING A TRANSACTION RELATING TO THE SERVICES, THEREFORE, YOU, ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY THE APPA AND ITS AFFILIATES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM ANY ASPECT OF OUR SERVICES.
- 18. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY RELATED TO OR RESULTING FROM ANY TRANSACTION OR ANY ASPECT OF THE SERVICES, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO (A) THESE TERMS, (B) ANY TRANSACTION AND (B) ANY ASPECT OF OUR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed the lesser of (a) one hundred twenty-five dollars ($125) or (b) the fees paid by you to us in connection with the Services out of which the Claims arose. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- 19. Dispute Resolution.
(a) In the event that any dispute arises with respect to our Services, Terms, or any of our Policies, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in New York County, New York, and at our option, such arbitration shall be before a single neutral arbitrator selected in our sole and absolute discretion. In the event we elect not to require that a dispute arising with respect to our Services, Terms, or any of our Policies be submitted to binding arbitration as described above, any such dispute shall nevertheless be litigated in the State courts located in New York County, New York or in the U.S. District Court for the Southern District of New York, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of our Services. By using our Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in New York County, New York or in the U.S. District Court for the Southern District of New York as the case may be, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(b) YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
(c) You agree that irreparable harm to us would occur in the event that any of the provisions of these Terms, including but not limited to the provisions of Sections 9, 11, and 13 were not performed fully by you or were otherwise breached by you, and that money damages are an inadequate remedy for breach of the Terms because of the difficulty of ascertaining and quantifying the amount of damage that will be suffered by us in the event that these Terms are not performed in accordance with its provisions or is otherwise breached. It is accordingly hereby acknowledged that, notwithstanding any provision of this Section 19, we shall be entitled to petition the courts mentioned in Section 19(a) for an injunction or injunctions to restrain, enjoin and prevent a failure to perform these Terms by you, without posting a bond or other security, and to enforce specifically such provisions of these Terms.
(d) Dispute Resolution Severability. If a court decides that any term or provision relating to our ability to submit any above-mentioned dispute to arbitration or to the above class action waiver according to this Section 19, the parties agree to litigate any such dispute according to Section 19(a) above and to replace any other such terms or provisions of Section 19(a) or Section 19(b) with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Section 19 shall be enforceable as so modified. In any event, the remainder of these Terms will continue to apply.
- 20. Indemnification. You agree to indemnify, defend, and hold harmless us and our Affiliates from and against any and all Claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; any infringement of a third-party’s rights; your Device; a breach of a representation or warranty; Content Posted by you to us or other Users; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, fraudulent, or illegal use of our Services by you; any violation of a law or regulation by you relating to the Services; any accidental or improper disclosure of information; and any violation by you of these Terms or any of our other Policies.
- 21. Survival. Notwithstanding anything herein to the contrary, the provisions of Sections 4 through 11 and 14 through 32 of these Terms, as well as any provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms, your Profile, Account, or your license to use or access the Services shall survive any such termination.
- 22. Notification. By using the Services, you agree that we may provide you with any notices or other communications about the Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. We will use best efforts to honor a User’s request to opt out of promotional messages, but under no circumstances will we be liable for Posting any Content to Users.
- 23. With respect to any Affiliate or third-party that Posts advertisements on the Website, including but not limited to by placing banners on the Website (each an “Advertiser”), Advertiser’s ads are subject to a separate agreement with us as well as our policies regarding ads (collectively, an “Ad Agreement”), which are hereby incorporated herein by reference. The rights and obligations of an Advertiser and us are established by the Ad Agreement. With respect to an Advertiser, in the event of a conflict between the provisions of an Ad Agreement and these Terms, the provisions of the Ad Agreement shall control and the remaining provisions of these Terms shall be supplemental and remain in effect. Further, in the event of such a conflict, the term “User” shall exclude the Advertiser for the purposes of these Terms.
- Severability; No Waiver. The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us as determined by us.
- 27. Our Relationship with You. With respect to you, we are an independent contractor only. Nothing in these Terms shall be deemed or is intended to deem the relationship between you and the Company as anything more than a consumer relationship. The Company and Users do not have an employer-employee, partner, joint venturer, joint associates for profit, or agency relationship. Users are not our employees, independent contractors, partners, joint ventures, or any agent of the Company of any sort whatsoever.
- 28. Third Parties. From time to time, we may engage third parties or Affiliates to assist us in providing certain aspects of the Services, including but not limited to marketing functions. You agree that we may engage such third parties in providing Services to you, as determined by us.
- 29. Entire Agreement; Modification. These Terms together with our Informed Consent agreement, our other Policies incorporated into this agreement, and any other document referenced herein constitutes the entire understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on the Website. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to the Terms.
- 30. Headings; Interpretation. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms. Further, whenever the context requires, all words, including but not limited to defined capitalized terms, will include the masculine, feminine, and neuter, and each word will include the singular form, plural form, and other conjugations of that word.
- 31. Governing Law; Exclusive Venue; English Language
- 32. Compliance. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Services. We merely provide a platform to allow Users to interact with other Users. Those who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law. Your use of our Services, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any User without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
- 33. Feedback. We value your comments and opinions. If you have questions, comments or a complaint about these Terms, you may send a written notice to us at: email@example.com or The American Philosophical Practitioners Association, Inc., City College of New York, 137th Street at Convent Avenue, New York, New York 10031.
Effective March 29, 2021
- A. About Us:
Please read this Policy as it includes important information regarding your Personal Data and other information. Capitalized terms not defined in this Policy will have the meanings given to such terms in the Terms of Service. As described in this privacy statement, we will not process your information without a lawful basis to do so. We will process your user information with your legal consent (when you voluntarily provide information or opt in) or on the basis of contract law (when you enter into a transaction with us), or when we have a legal obligation to do so. As described herein, we may also process certain user information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: delivering content, and further developments and improvements to the Site, learning from analyzing traffic to better serve all Site users, to analyze the likes and dislikes of our users, and to help us to provide a more stable, consistent, and secure user experience. If you have any questions regarding this, please contact us.
You may contact us to request what personally identifiable information that we have collected from you by sending a request to firstname.lastname@example.org.
You have the right to be forgotten, if you would like us to remove your personally identifiable information from our database, you can deactivate your account through the platform dashboard or you may email us at email@example.com.
- 1. Information We Collect.
(a) Personal Data. Personal Data and other information are collected from you when you create a Profile with us or when you otherwise disclose Personal Data or other information to us or third parties when using the Services. “Personal Data” means any information that may be used to identify an individual. Personal Data does not include aggregate information. In connection with the Services, you may be asked to provide us the following Personal Data and other information: your name, mailing address, telephone number, gender, preferences, payment information, and other information in connection with the Services.
(b) Location Data. We and third parties with whom we may partner may collect location information in relation to a User’s Device and use of the Services (“Location Data”) with respect to you. If you use the Services, then you are providing consent to collect Location Data such as the physical location of your Device which will be used to provide you with certain features of the Services. This Location Data is collected anonymously in a form that does not personally identify you. Location Data is aggregated with data from Devices of other Users to enhance the quality of Content Users provide to us and to enhance the quality of the Services we provide to you. We may also share your Location data with third parties. Location Data is shared anonymously in a form that would not personally identify you.
(c) Use Data. When you send or receive Content using our Services, we collect data about that Content.
(d) Log Information. When you browse our Services, you do so anonymously, unless you have previously created a Profile with us. However, we may log your IP address to give us an idea of which part of our Services you visit and how long you spend there. However, we do not link your IP address to any Personal Data unless you have logged into our Services. Also, our Services may use a standard technology called a ‘cookie’ to collect information about how you interact with our Services. Please see Section 7 below for more information.
(e) Ad Data. The Website may use ‘Google AdSense’ by Google, Inc. (“Google”) to integrate advertisements on the Services. Google AdSense uses ‘cookies’ and ‘web beacons’. If this Website uses ‘Google AdSense’, then information about the use of this Website (including your IP address) and the delivery of advertising formats generated by cookies and web beacons will be processed to a server of Google in the United States and will be saved there. This information may be processed to contractual partners of Google by Google. Google will not associate your IP address with any other Google data. Through the use of this Website, you express your consent to the processing of data collected by Google about you in the manner and for the purposes described in this Policy and in Google’s partner data policy here: http://www.google.com/policies/privacy/partners/.
(f) Aggregate Data. Certain aspects of our Services are set up to collect and report aggregate information. Aggregate information is data we collect about the use of the Services or about a group or category of products, services or Users, from which individual identities or other Personal Data has been removed. In other words, information about how you use the Services may be collected and combined with information about how others use the Services. Aggregate data helps us understand trends and User’s needs so that we can better consider new features or otherwise tailor our Services. This Policy does not restrict what we can do with aggregate information.
(h) Device Information. We may collect data about the computer or Device you use to access our Services, including the hardware model, operating system and version, MAC address, unique device identifier (‘UDI’), phone number, and mobile carrier information.
(i) Tracking Technologies. We collect information through technology, such as cookies, flash cookies and web beacons, including when you visit our Services or Linked Sites. Please see Section 7 below for further information regarding tracking technologies.
(j) From Third Parties. We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third-party to share your information with us before we can acquire it.
- 2. How We Use It. We use, allow access to, or disclose your Personal Data to third parties with whom we partner in order to:
(a) enable us to provide the Services to you;
(b) notify you regarding Services, your Profile, or fees;
(c) increase the usability of the Services;
(d) provide information about promotional offers;
(e) deliver advertisements on our Services and on the websites of advertising partners, to improve and monitor advertising, and to provide you with targeted advertisements;
(f) investigate objectionable use of the Services;
(g) respond to requests for assistance from our customer support team;
(h) analyze trends and use of our Services; and
(i) carry on our business, as determined by us.
- 3. Who We Share It With.
We will share your Personal Data with third parties:
(a) When you have enabled us to share your Personal Data with another company or our Affiliates, such as: in sending you offers and promotions about their products and services; or allowing us to share your personal data with third parties or Linked Sites, such as Social Media Profiles. Once we share your Personal Data with another company, the information received by the other company becomes subject to the other company’s privacy practices.
(b) When necessary, as determined by us in our sole discretion, to provide Services to you. This includes for the uses listed in Section 2 above.
(c) When required by law or by court order.
(d) To protect our rights and property, to prevent fraudulent activity or other deceptive practices of Users or third parties, or to prevent harm to others.
(e) If we are acquired by or merged with another company, or if our assets are sold to another company. In all of these circumstances, you understand and agree that our Terms of Service and this Policy will be assigned and delegated to the other company.
(f) To perform tasks for us or in connection with our business, as determined by us. We may use third parties to help operate the Services and perform other aspects of the Services. You agree we may share your Personal Data with our Affiliates and other third parties that provide services to us in connection with our business (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, and other similar service providers that use such information on our behalf). Unless otherwise stated, these third parties do not have any right to use the Personal Data we provide to them beyond what is necessary for them to assist us, as determined by us.
- 4. Your Choices.
(a) Any Content that you Post may be searchable by other Users and third parties as well as subject to use by others. Once you have Posted Content or made it viewable to others, that Content may be re-shared by others and we have no control or liability regarding how others my use the Content you Post. We make every effort to prevent undesired disclosure of Content or Personal Data. However, we are not responsible for how others may use Content or Personal Data that is disclosed by you to Users or third parties using the Services.
(b) The Services may allow you to share Content on Social Media Profiles. If you use such functionality of the Services, then you should use caution when determining to whom you want to make Content available. If you choose to Post Content on third-party Social Media Profiles, then, depending on the privacy settings of your Social Media Profiles, it is possible that persons in addition to those to whom you intended to view that Content could have access to that information. Accordingly, you should use caution when sharing Content via third-party Social Media Profiles and you should carefully review the privacy practices of such Social Media Profiles.
(c) If you remove information, Personal Data, or Content that you Post to the Services, copies may remain viewable in cached and archived pages of the Services, or if other Users or third parties copied or saved that information.
(d) You may opt out of targeted advertisements from some third-party companies by visiting the Network Advertising Initiative or Digital Advertising Alliance Consumer Choice Page, which provide simple ways to opt out of ad targeting from participating third-party companies. When you opt out, your selection will be stored in a cookie that is specific to your Device or computer and the web browser you are using. The opt out cookie has an expiration date of five years. If you delete the cookies on your computer or Device, you will need to opt out again.
(e) We will contact you from time to time for marketing purposes. Unless you have opted out, this could include contacting you by phone or email. You may opt-out of receiving marketing communications from us by the following means: (i) contacting us at firstname.lastname@example.org; (ii) following the instructions in the communication; or (iii) by mailing the request to us at The American Philosophical Practitioners Association, Inc., City College of New York, 137th Street at Convent Avenue, New York, New York 10031
- 5. Security of Your Personal Information. We exercise care and prudence in protecting the security of Personal Data provided to us. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Specifically, our Payment Processor uses Secured Socket Layer (‘SSL’) encryption when collecting, storing, or transferring sensitive data. Personal Data is stored in password-controlled servers with limited access. However, you have a significant role in Profile security. Someone may see or edit your Personal Data if that person gains access to your username and password, so do not share these with others. WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
- 6. Your Profile. Users may review and update Personal Data by logging into their Profile. If your Profile is terminated by you or us, we will remove your name and other Personal Data from our publicly viewable database. If you close your Profile, we have no obligation to retain your information, and may delete any or all of your Profile information without liability. However, we may retain Content related to you for any reason we determine. We may also retain and use Content Posted by you if necessary, to provide Services to other Users. We disclaim any liability in relation to the deletion or retention (subject to the terms of this Policy) of Content or any obligation not to delete the Content.
- 7. Cookies, Tracking Technology, and Do Not Track Requests.
(b) ‘Do Not Track’ is a webpage standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this Policy, and we will do our best to honor a ‘Do Not Track’ but shall have no obligation to do so. Further, you understand and agree that we shall not be liable for and you expressly release, indemnify, hold harmless, and defend us from any claims you may have related to our inability to honor a ‘Do Not Track’ request.
- 8. Compliance with the Children’s Online Privacy Protection Act. We recognize the need to provide further privacy protections with respect to Personal Data we may collect from Children who use our Services. For that reason, we make every effort to comply with the regulations of the Children’s Online Privacy Protection Act of 1998 (at 15 USC § 6501–6506). We never collect or maintain Personal Data through the Services from those we actually know are under thirteen (13), and no part of the Services are structured to attract anyone under thirteen (13). We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. We reserve the right to suspend and/or terminate with or without notice the Profile of User who we believe has provided false information when registering for and/or using the Services and each User agrees to make no further use of the Services after termination and/or during suspension.
- 9. Linked Sites. The Services and/or third parties may provide links to Linked Sites and data provided by third parties. However, we are not responsible for the privacy practices employed by Linked Sites, nor are we responsible for the information or materials that third-party data contains. This Policy applies solely to information collected by us through the Services; thus when you use a link to go from the Services to a Linked Site, this Policy is no longer in effect. We encourage Users to read the privacy policies of Linked Sites before proceeding to use them. When you conduct e-commerce with a Linked Site, certain Personal Data may be collected by the Linked Site and made available to us.
- Advertisement Revenue. The Services may display advertisements operated by us, our Affiliates, and/or third parties. Some of the advertisements we display are targeted to you based on your online behavior and your click habits and we may receive compensation based on your clicks.
- In the Event of Sale or Bankruptcy
The ownership of the site, APPA.edu or the company, The American Philosophical Practitioners Association, Inc., may change at some point in the future. Should that occur, we want this site and the company to be able to maintain a relationship with you. In the event of a sale, merger, public offering, conversion of the company entity into a different business entity, bankruptcy or other change in control of The American Philosophical Practitioners Association, Inc., your information may be shared with the person or business that owns or controls this site or the company. Opting out of receiving information from third parties will not affect our right to transfer your information to a new owner, but your choices will continue to be respected regarding the use of your information.
- GDPR and European Individuals
As described in this privacy statement, we will not process your information without a lawful basis to do so. We will process your user information with your legal consent (when you voluntarily provide information or opt in) or on the basis of contract law (when you enter into a transaction with us), or when we have a legal obligation to do so. As described herein, we may also process certain user information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: delivering content, and further developments and improvements to the Site, learning from analyzing traffic to better serve all Site users, to analyze the likes and dislikes of our users, and to help us to provide a more stable, consistent, and secure user experience. If you have any questions regarding this please contact us.
- California Consumer Privacy Act (CCPA)
California residents have the right to:
(a) a specific list of exactly what categories of information you are collecting, how you are using it and what the purpose of this information is;
(b) Links on the Website to opt-out of data collection or have their data removed;
(c) Access to a link on your account profile management that selects:
“Do Not Sell My Personal Information” and link to custom page
(d) Information explaining at least two methods of contacting you in order to update, change, remove or transfer personal information;
(f) equal treatment for Californian residents by the owner and operator of this Website, despite the additional protections afforded to California residents under the CCPA; and
(g) this list of your rights as California residents.
- Changes to our Policy; Miscellaneous. We reserve the right to change this Policy, our Terms of Service, and our other Policies at any time. We will notify you about changes to this Policy by placing the updated Policy on the Services. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to our Policy. This Policy is and any disputes in connection with this Policy are subject to our Terms of Service and our other Policies which are each hereby incorporated herein by reference. In the event of any conflict between the provisions of this Policy and our Terms of Service, our Terms of Service shall control.
- Questions or Comments Regarding this Policy. We value your comments and opinions. If you have questions, comments or a complaint about compliance with this Policy, you may send a written notice to us at: email@example.com or to APPA, P.O. Box 166, Monroe, NY 10949-0166