Effective August 23, 2017
- 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.
- Corporate Member means any entity that has registered with APICS as an official APICS Corporate Member.
- You means any individual who has accessed APICS Materials.
- If Users do not accept these Terms, do not process an invoice or access APICS Materials.
- APICS Materials are produced, distributed, owned, and copyrighted by APICS. APICS Materials are for Your personal, educational use only. Use for any other purpose is expressly prohibited. Users 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, Users shall be responsible for any and all costs and attorneys’ fees incurred by APICS in enforcing the foregoing.
- Users 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.
- Disclaimer. APICS DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND RELATING TO THE INFORMATION 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 PARTY 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; OR (ii) ANY CLAIM ALLEGING THAT THESE TERMS OR APICS MATERIALS 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 USERS SHALL IN NO EVENT BE MORE THAN THE TOTAL AMOUNT USERS 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 their dealings.
- Your invoice is non-refundable. APICS has no obligation to reimburse any User for any portion of this invoice for any reason.
- APICS may, from time to time, update and revise these Terms.
- In the event that Users access SCORmark, Users understand and agree that SCORmark is administered in collaboration with PricewaterhouseCoopers LLP (“PwC”). In order to access SCORmark, Users shall expressly agree to all of PwC’s 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.