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APICS Terms & Conditions
Effective September 18, 2015
- These Terms and Conditions form a legally binding agreement between you and any entity you are acting on behalf of (“You”) and American Production and Inventory Control Society, Inc. (“APICS”) establishing the Terms and Conditions under which You may access APICS Materials. By paying an invoice or accessing of any APICS Materials You expressly agree to these Terms and Conditions. Moreover, these Terms and Conditions supersede any terms and conditions contained in any purchase order(s).
- If You do not accept these Terms and Conditions, please do not process an invoice or access APICS Materials.
- “APICS Materials” means those materials published in APICS’ Resource Catalog, including both APICS-owned products and materials that APCIS does not own, but which APICS is authorized to resell.
- APICS Materials are produced, distributed, owned, and copyrighted by APICS. APICS Materials are for the participants’ personal, educational use only. Use for any other purpose is expressly prohibited. Neither Affiliate nor any participant may 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, Affiliate must be responsible for any and all costs and attorneys’ fees incurred by APICS in enforcing the foregoing.
- Affiliate and participants must 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 AFFILIATE OR PARTICIPANTS IN CONNECTION WITH THE PROGRAM, 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 THIS AGREEMENT, THE PROGRAM, THE STUDENT COURSE MATERIALS OR ANY APICS MATERIALS; OR (ii) ANY CLAIM ALLEGING THAT THE PROGRAM 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 THIS AGREEMENT 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 THIS AGREEMENT BY APICS, APICS' TOTAL LIABILITY TO AFFILIATE SHALL IN NO EVENT BE MORE THAN THE PROGRAM FEE SET FORTH HEREIN.THIS 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 THIRD PARTY CLAIMS FOR PERSONAL INJURY, BODILY INJURY OR PROPERTY DAMAGE.
- This Agreement must be governed by the laws of the State of Illinois. Neither party may transfer or assign its rights or obligations under this Agreement without the other party’s express written consent. In the event that any term of this Agreement 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 this Agreement and all the remaining terms of this Agreement 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 with respect to the Program. All notices required or permitted by this Agreement shall be in writing and shall be either delivered by hand, or sent by certified mail, return receipt requested, to the addresses set forth below, and to the attention of the undersigned.
- Your invoice is non-refundable. APICS has no obligation to reimburse You for any portion of this invoice for any reason.
- APICS may, from time to time, update and revise these Terms and Conditions.
- 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.