Effective November 12, 2018
- APICS Materials means (i) any material published in APICS’ Resource Catalog, including both
APICS-owned products and materials that APCIS does not own, but which APICS is authorized to resell; and (ii)
any material available on APICS’ website.
- Service(s) mean and include the SCOR BPM Accelerator, any new services that APICS may introduce as a Service
to which You may subscript to, and any updates, modifications, or improvements to the Service(s).
- Subscription Term means the period during which You have agreed to subscribe to the Service(s).
- User(s) means any individual(s) who has accessed APICS Materials, Service(s), or Website(s).
- Website(s) means the websites for various Service(s) or any other website that APICS operates.
- By accessing or using the Service(s) or Websites, or authorizing or permitting any User to access or use the
Service(s) or Websites, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a
company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for
that Entity and representing to APICS that You have the authority to bind such Entity and its Affiliates to these
Terms, in which case the terms, “You", “Your” or related capitalized terms used
herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree
with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.
(“APICS”) establishing the terms and conditions under which You may access APICS Materials, Service(s),
or Website(s). By paying an invoice or accessing of any APICS Materials, Service(s), or Website(s), You expressly
agree to these Terms. Moreover, these Terms supersede any terms and conditions contained in any purchase
- If You do not accept these Terms, do not process an invoice or access APICS Materials, Service(s), or
- APICS Materials are produced, distributed, owned, and copyrighted by APICS. APICS Materials are for
participants’ personal, educational use only. Use for any other purpose is expressly prohibited. You shall not
photocopy, duplicate, translate, display, upload, modify, distribute, transfer (electronically or otherwise), or
create derivative works of APICS’ Materials, or any adaptation, transcription, portion, or merged portion
thereof, except as expressly authorized in writing by APICS’ Chief Executive Officer. In the event of any
breach of this paragraph, You shall be responsible for any and all costs and attorneys’ fees incurred by APICS
in enforcing the foregoing.
- You shall not use APICS’ service marks, trademarks and logos without the APICS’ prior written
consent, and if such consent is provided, in a manner approved by APICS.
- SCOR BPM Accelerator. Subject to Your compliance with the Terms
and solely during the Subscription Term, You are hereby granted a non-exclusive, non-transferable, limited and
revocable right to use, distribute, and create derivative works of the SCOR BPM Accelerator for internal business
purposes only. You understand and agree that the SCOR BPM Accelerator is administered in collaboration with Software
AG. In order to access the SCOR BPM Accelerator, You shall expressly agree to all of Software AG’s terms and
- Termination. If You cancel or terminate Service for convenience
or APICS terminates Service for cause, You will pay APICS a termination charge equal to the sum of: (i) all unpaid
amounts for Service actually provided; (ii) any waived charges for the Service(s); (iii) 100% of the remaining
annual fees for the Subscription Term; and (iv) any termination liability payable to third parties by APICS
resulting from the termination.
- Disclaimer. APICS DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND
RELATING TO THE INFORMATION, SERVICE(S), AND MATERIALS (EDUCATIONAL OR OTHERWISE) PRESENTED, DISTRIBUTED, OR MADE
AVAILABLE BY APICS OR INSTRUCTOR TO USERS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY AND ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. IN NO EVENT SHALL EITHER APICS BE
LIABLE FOR: (i) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THESE TERMS
OR USE OF ANY APICS MATERIALS, SERVICE(S), OR WEBSITE(S); OR (ii) ANY CLAIM ALLEGING THAT THESE TERMS,APICS
MATERIALS, SERVICE(S), OR WEBSITE(S) ARE DEFICIENT OR INADEQUATE; OR (iii) ANY CLAIM ARISING OUT OF THE ACTIONS OR
OMISSIONS OF INSTRUCTOR. THE FOREGOING LIMITATIONS UPON DAMAGES AND CLAIMS SHALL APPLY WITHOUT REGARD TO WHETHER ANY
PROVISION OF THESE TERMS HAS BEEN BREACHED OR PROVEN INEFFECTIVE. IF ANY PORTION OF THE FOREGOING LIMITATION OF
LIABILITY SHALL, FOR ANY REASON WHATSOEVER, BE HELD BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE OR IS
EXPRESSLY PROHIBITED BY APPLICABLE LAW, THAT PORTION SHALL BE NULL AND VOID, AND THE REMAINING PROVISIONS SHALL
CONTINUE IN FULL FORCE AND EFFECT. IN THE EVENT OF NON-PERFORMANCE OR BREACH OF THESE TERMS BY APICS, APICS' TOTAL
LIABILITY TO YOU SHALL IN NO EVENT BE MORE THAN THE TOTAL AMOUNT YOU HAVE PAID APICS IN THE LAST TWELVE (12) MONTHS.
THIS LIMITATION APPLIES TO LOST PROFITS, LOSS OF USE, AND ALL OTHER TYPES OF ECONOMIC DAMAGES. THIS LIMITATION WILL
NOT APPLY TO CLAIMS RELATED TO A PARTY’S (i) FAILURE TO COMPLY WITH LAWS, OR (ii) BREACH OF CONFIDENTIALITY,
OR (iii) THIRD PARTY CLAIMS FOR PERSONAL INJURY, BODILY INJURY, OR PROPERTY DAMAGE.
- These Terms shall be governed by the laws of the State of Illinois. Neither party may transfer or assign its
rights or obligations under these Terms without the other party’s express written consent. In the event that
any term of these Terms is, becomes, or is declared to be invalid or void by any court or tribunal of competent
jurisdiction, such terms shall be null and void and shall be deemed severed from these Terms and all the remaining
terms of these Terms shall remain in full force and effect. Any failure by a party to insist upon strict performance
of any term, covenant, or condition contained herein shall not be deemed a waiver of that party’s right to
insist upon the strict performance of such term, condition or covenant in the future. Both parties shall comply with
all applicable federal, state, and local laws and regulations in performing their duties hereunder and in any of
of the APICS website, accessing Service(s), or payment of an APICS invoice, following these changes means that You
- Your invoice is non-refundable. APICS has no obligation to reimburse You for any portion of this invoice for any
- APICS may, from time to time, update and revise these Terms.
- In the event that You access SCORmark, You understand and agree that SCORmark is administered in collaboration
with PricewaterhouseCoopers LLP (“PwC”). In order to access SCORmark, You shall expressly agree to all
of PwC’s terms and conditions.
APICS Membership Terms and Conditions
Please review the APICS Membership Terms and Conditions.
The contents of all material available on www.apics.org is copyrighted by APICS unless otherwise indicated. Users may download pages on prior content for their own personal use or on a single computer, but no part of such content may be otherwise or subsequently reproduced, downloaded, disseminated, or transferred in any form or by any means, except with the prior written consent of APICS. APICS reserves the right to pursue any violation of its intellectual property to the fullest extent of the law.
Link Disclaimer Notice
At certain places on the site, live links to other Web sites can be accessed. Such external sites contain information created, published, maintained, or otherwise posted by institutions independent of APICS. APICS does not endorse, approve, certify, or control these external sites and does not guarantee the accuracy, completeness, efficacy, or timeliness of information located at such sites. Use of any information obtained from such sites is voluntary, and reliance on it should only be undertaken after an independent review by qualified experts. Reference therein to any specific commercial product, process, or service does not constitute or imply endorsement, recommendation, or favoring by APICS.