Effective November 12, 2018
- APICS Materials means (i) any material published in APICS’ Resource Catalog, including both APICS-owned products and materials that APICS does not own, but which APICS is authorized to resell; and (ii) any material available on APICS’ website.
- Service(s) mean and include any current or new services that APICS may introduce as a Service to which You may subscript, 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.
- If You do not accept these Terms, do not process an invoice or access APICS Materials, Service(s), or Website(s).
- 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.
- 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 their dealings.
- Your invoice is non-refundable. APICS has no obligation to reimburse You for any portion of this invoice for any reason.
- The goods that we supply to you may be subject to customs duties and taxes which are applied when they are imported into the country of import. You are responsible for all VAT & customs duty charges that are imposed on the importation of the goods into your country and will be shown as the consignee/importer of the goods. APICS will not be liable for any charges imposed on the importation of the goods and will not be liable or responsible if you do not pay such import taxes.
- 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 may, from time to time, update and revise these Terms.
The contents of all material available on www.ascm.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.