APQC Online Resources Terms of Service ("Terms of Service")

Thank you for accessing APQC's Online Resources, which include the APQC Website, APQC Knowledge Base, APQC Benchmarking Portal, and APQC Open Standards Benchmarking Database (“OSB Database”). By using any of our Online Resources, you agree to abide by these Terms of Service. If you or Your Organization is a member of APQC, your use of our Online Resources is also subject to the terms of your APQC Membership Agreement.

Definitions

In these Terms of Service:

“You” means you individually and Your Organization;
“Your Organization” means your employer;
“Source Organization” means an organization other than Your Organization on whose behalf you are submitting, uploading or sharing any data; and
“Your submission” means any data provided by you about Your Organization or a Source Organization.

Content

Our Online Resources are intended to support the understanding, assessment, measurement, and improvement of internal processes within an organization. You may only use these resources in furtherance of this purpose. Except as may be provided by special agreement or license between you (or your organization) and APQC, may not distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any or any part of our Online Resources.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, and “look and feel” of our Online Resources are owned and/or licensed by or to APQC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property laws.

No Unlawful or Prohibited Use

You shall not use our Online Resources for any improper purpose. For example, you shall not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
  • Use any material or information, including images or photographs, which are made available through the Online Resources in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  • Advertise or offer to sell or buy any goods or Online Resources for any purpose in connection with our Online Resources;
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Violate APQC's Benchmarking Code of Conduct (www.apqc.org/bmkcode)
  • Restrict or inhibit any other user from using and enjoying our Online Resources;
  • Harvest or otherwise collect information about others, including e-mail addresses;
  • Violate any applicable laws or regulations;
  • Create a false identity; or
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Online Resources.

Links to Other Sites

Our Online Resources may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under APQC's control, and APQC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. APQC shall not be responsible or liable for the content, or your use or access, of any Linked Sites.

Information provided by You to APQC

Your use of our Online Resources may include you providing data to APQC in the form of an online survey or other data submission about you, Your Organization, or a Source Organization. These Terms of Service govern any such submission by you. All data disclosed to APQC will be used in accordance with APQC's Benchmarking Code of Conduct.

By accepting these Terms of Service and providing your submission, you represent and warrant that (i) you are authorized by Your Organization or a Source Organization to provide your submission, (ii) you have the authority to bind Your Organization or the Source Organization to these Terms of Service and to license your submission to APQC, and (iii) your submission is accurate. If the source of the survey information is a Source Organization, then you represent and warrant that you have received assurances from the Source Organization that such survey information is accurate.

You may only submit data about you, Your Organization or a Source Organization, provided that if you are acting on behalf of a Source Organization, you have written permission to such effect from the Source Organization. Further, if you are acting on behalf of a Source Organization, you agree to provide APQC during the data submission process the name, address and telephone number or email address of a representative of the Source Organization.

A submission made with respect to a Source Organization will result in one or more output documents including a participant report from APQC. If you are submitting on behalf of a Source Organization, you acknowledge and agree that such output documents may only be used to complete the single engagement with the original Source Organization and for no other purpose. In addition, under no circumstance may you charge for the data produced and reflected in the output documents. You acknowledge that violation of this provision would cause irreparable harm to APQC not adequately compensable by monetary damages and, in addition to any other relief, you agree that APQC may seek injunctive relief in any court of competent jurisdiction without necessity of posting bond to prevent any actual or threatened violation of this term.

By posting, uploading, inputting, or otherwise providing your submission, you grant APQC the right to copy, sell, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; to publish your blinded data in connection with your submission; and to sublicense such rights to others. APQC will not pay you any compensation with respect to the use of your submission. APQC is under no obligation to post or use your submission and may remove your submission from its databases at any time in its sole discretion.

Unless provided otherwise in an agreement between APQC and Your Organization, you agree that APQC may identify Your Organization by name in promotional materials used by APQC and provided to its customers and prospective customers. With respect to a Source Organization, you covenant that you have authority to authorize, and you hereby authorize, APQC to identify the Source Organization by name in promotional materials used by APQC and provided to its customers and prospective customers. In no event shall APQC publicly associate you, Your Organization or any Source Organization with any specific response or submission.

APQC reserves the right at all times to disclose your submission to any third party as APQC deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Member Account, Password & Security

If any of our Online Resources requires registration or a specific registration profile (Registered Member or Registered Non-Member), you must complete the registration process by providing current, complete, and accurate information as prompted by the applicable registration form.

You are responsible for maintaining the confidentiality of your password and account access privileges. Furthermore, you are responsible for all activities that occur under your account. You agree to notify APQC immediately of any unauthorized use of your account. APQC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by APQC or another party due to someone else using your account or password. You may not use any one else's account at any time, either with or without the permission of the account holder. If you leave the organization under whose name you first registered, you must re-register under your new organization's name.

Termination of Service

APQC reserves the right, in its sole discretion, to terminate or restrict your access to our Online Resources or any portion thereof at any time, for any reason, without notice.

Disclaimer of Liability

OUR ONLINE RESOURCES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT OF OUR ONLINE RESOURCES. APQC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE ONLINE RESOURCES AT ANY TIME.

APQC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN OUR ONLINE RESOURCES. ALL SUCH INFORMATION, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. APQC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. YOU AGREE TO HOLD APQC, AND ITS OFFICERS, DIRECTORS, AND PARTICIPANTS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR SUBMISSION TO THE ONLINE RESOURCES.

YOU AGREE THAT APQC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSION, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR ONLINE RESOURCES. YOU AGREE THAT APQC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT APQC IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN OUR ONLINE RESOURCES BY ANY THIRD PARTY.

IN NO EVENT SHALL APQC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR ONLINE RESOURCES, WITH THE DELAY OR INABILITY TO USE OUR ONLINE RESOURCES, THE PROVISION OF OR FAILURE TO PROVIDE OUR ONLINE RESOURCES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH OUR ONLINE RESOURCES, OR OTHERWISE ARISING OUT OF THE USE OF OUR ONLINE RESOURCES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF APQC OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR ONLINE RESOURCES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR ONLINE RESOURCES.

Additional Terms

We may modify these Terms of Service at any time. If there is a conflict between these Terms of Service and any other agreement between you (or Your Organization) and APQC, that other agreement shall control.

The invalidity of any term or condition herein shall not invalidate any other term or condition.

The laws of the State of Texas, excluding its conflict of laws rules, shall govern any dispute arising out of or in any way relating to our Online Resources or these Terms of Service. All claims arising out of or in any way relating to our Online Resources or these Terms of Service shall be litigated exclusively in the federal or state courts of Harris County, Texas, USA, and you consent to personal jurisdiction in such courts.

Copyright & Trademark Notices

All contents are: Copyright © 1994 - 2014 by APQC and/or its suppliers, 123 North Post Oak Lane, Houston, Texas 77024 U.S.A. All rights reserved.

 

 

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