APQC Online Resources Terms of Service (“Terms of Service”)
APQC’s Online Resources consist of the APQC® website, Knowledge Base, Benchmarking Portal, Open Standards Benchmarking® database, MosaiQTM, and all content, software, databases and associated services provided in connection therewith. APQC’s Online Resources are intended to support the understanding, assessment, measurement, and improvement of internal processes within an organization. Your access to and use of APQC’s Online Resources is strictly limited to this purpose.
By using any of APQC’s Online Resources, you agree to abide by these Terms of Service. If your organization is a member of APQC, your use of APQC’s Online Resources is also subject to the terms of your APQC Membership Agreement. In the event of a conflict between these Terms of Service and any other written agreement between your organization and APQC, that other agreement shall control.
All rights not expressly granted to you herein are reserved to APQC, and all uses of APQC’s Online Resources not expressly permitted hereunder are prohibited.
Generally, APQC grants you a limited, non-exclusive, terminable, non-transferable license to access and use APQC’s Online Resources, including any updates, enhancements, new features, and/or the addition of any new content as it becomes available. Some of the content available in APQC’s Online Resources is subject to specific license terms, which may vary from the foregoing and which are included with the specific content to which they apply (e.g. Process Classification Frameworks). All such content is subject to the license terms that accompany it, as well as these Terms of Service to the extent not in conflict with the specific license.
Except as may be provided by separate agreement or license between your organization and APQC, or where other license terms apply to specific content (e.g. Process Classification Frameworks), you may not publicly distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any or any part of APQC’s 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 APQC’s Online Resources, are owned and/or licensed to APQC and are protected by U.S. and international intellectual property laws.
No Unlawful or Prohibited Use
You shall not use APQC’s Online Resources for any improper purpose. For example, you shall not:
- Use APQC’s Online Resources in violation of any applicable law, rule or regulation;
- 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 APQC’s 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 services for any purpose in connection with APQC’s 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 APQC’s Online Resources;
- Harvest or otherwise collect information about other users, including e-mail addresses;
- Create a false identity;
- Reverse-engineer any software, system or process;
- Employ a bot or other automated tool to make downloads of content; or
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of APQC’s Online Resources.
Violation of any of these Terms of Service may result in the immediate suspension or termination of your access to and use of APQC’s Online Resources.
Links to Other Sites
APQC’s Online Resources may contain links to independent, third-party websites (“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.
Member Account, Password & Security
If any of APQC’s Online Resources requires registration or a specific registration profile 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 may be held responsible for losses incurred by APQC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, either with or without the permission of the account holder.
If you leave the organization under which you first registered, you must re-register under your new organization.
Termination of Service
Your access to and use of APQC’s Online Resources may be terminated in the event your organization ceases to be an APQC Member. APQC reserves the right, in its sole discretion, to terminate or restrict your access to and use of APQC’s Online Resources or any portion thereof at any time, for any reason, without prior notice.
Special Provisions Applicable to MosaiQ
MosaiQ is a cloud-based solution that simplifies business process management by enabling organizations to measure, manage, and learn about its business processes. Users of MosaiQ have the ability to create, upload and store their own content (“User Content”) online in MosaiQ and to modify, customize, and create derivative works from the APQC Process Classification Frameworks (“Modified PCFs”) preloaded in MosaiQ.
You are responsible for backing up, to your own computer, server or other device, any User Content or Modified PCFs that you upload, create, modify, store or access in MosaiQ. APQC will use reasonable skill and due care in storing User Content and Modified PCFs, but APQC does not guarantee or warrant that any User Content or Modified PCFs you upload, create, modify, store or access in MosaiQ will not be subject to inadvertent damage, corruption, theft or loss.
MosaiQ is not a HIPAA-compliant service and is not intended to be used to review, store or process Protected Health Information. As a result, you should not upload any Protected Health Information to MosaiQ.
By using MosaiQ, you grant APQC a royalty-free, irrevocable, worldwide, transferrable license to use, modify, create derivative works from, distribute, publish, publicly display, and publicly perform your Modified PCFs without attribution, and to sublicense such rights to others; provided that, except where permitted in a written agreement between APQC and you or your organization, or when required by law, APQC shall not publicly associate you or your organization with the Modified PCF.
Subject to the terms of any separate agreement between you or your organization and APQC, you have 90 days from the date your organization’s APQC Membership (or MosaiQ Subscription) expires or is terminated to request a copy of your User Content and any Modified PCFs you have created. Requests should be submitted to firstname.lastname@example.org. Thereafter, you will no longer have access to your User Content, Modified PCFs or the MosaiQ service and APQC may delete your User Content and Modified PCFs without notice.
No Uptime Guarantee
APQC will use reasonable skill and due care to maintain 24/7 availability of APQC’s Online Resources. However, APQC does not warrant and makes no guarantee that APQC’s Online Resources will be available to all users at all times. APQC’s Online Resources may become temporarily unavailable to some or all users on account of inclement weather, technical or engineering difficulties, power failures, civil disturbance, fire, flood or other causalities, and for planned and unplanned system maintenance.
APQC disclaims all liability on account of any service disruption or the unavailability of any of APQC’s Online Resources. Accordingly, MosaiQ users are strongly encouraged to maintain a local backup of their User Content and Modified PCFs.
OSB Survey Submissions
If you elect to participate in an Open Standards Benchmarking® survey, you will be required to accept the terms and conditions for that survey, which are presented at the start of the survey questions. You may refuse to accept the terms, but in such event you will not be permitted to complete the survey.
Disclaimer of Liability
OUR ONLINE RESOURCES MAY INCLUDE INACCURACIES, INCLUDING WITHOUT LIMITATION, TYPOGRAPHICAL ERRORS, MISSPELLINGS, ERRORS IN TRANSCRIPTION OR TRANSLATION, MISCALCULATIONS, TECHNICAL FAULTS AND GLITCHES, AND MAY BE INCOMPLETE. CHANGES ARE PERIODICALLY MADE TO THE CONTENT OF APQC’S ONLINE RESOURCES. APQC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE ONLINE RESOURCES AT ANY TIME WITHOUT NOTICE.
APQC AND ITS 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 MATERIALS CONTAINED WITHIN APQC’S ONLINE RESOURCES. ALL SUCH INFORMATION, PRODUCTS, AND RELATED MATERIALS 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 OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO HOLD APQC, AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF APQC’S 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. YOU AGREE THAT APQC IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN APQC’S ONLINE RESOURCES BY ANY THIRD PARTY.
IN NO EVENT SHALL APQC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL 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 APQC’S ONLINE RESOURCES, WITH THE DELAY OR INABILITY TO USE APQC’S ONLINE RESOURCES, THE PROVISION OF OR FAILURE TO PROVIDE APQC’S ONLINE RESOURCES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED MATERIALS CONTAINED IN APQC’S ONLINE RESOURCES, OR OTHERWISE ARISING OUT OF YOUR USE OF APQC’S 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 SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF APQC’S ONLINE RESOURCES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING APQC’S ONLINE RESOURCES.
We may modify these Terms of Service at any time; provided, however, that if these Terms of Service are subject to another written agreement between your organization and APQC, any modification shall apply only to the extent permitted by that other agreement.
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 your use of APQC’s Online Resources or these Terms of Service. All claims arising out of or in any way relating to your use of APQC’s Online Resources or these Terms of Service shall be brought exclusively in the federal or state courts located in Houston, Texas, USA, and you consent to personal jurisdiction in such courts.
Copyright & Trademark Notices
All contents are: Copyright © 1994 – 2016 by APQC and/or its suppliers, 123 North Post Oak Lane, Houston, Texas 77024 U.S.A. All rights reserved.
All APQC Process Classification Frameworks (“PCF”): APQC encourages the wide distribution, discussion, and use of the PCF for classifying and defining processes. APQC grants you a limited, non-exclusive, terminable, non-transferable license to use, distribute, modify and create derivative works of the PCF for internal use. For external use, APQC grants grants you a limited, non-exclusive, terminable, non-transferable license to distribute, publish, publicly display and publicly perform the PCF, provided the PCF is attributed to APQC in all such copies, displays and performances. No modifications to the look or content is permitted for external use. Please use the following text when reusing the PCF in external print or electronic content:
“THE APQC PROCESS CLASSIFICATION FRAMEWORK® (PCF) was developed by non-profit APQC, a global resource for benchmarking and best practices, and its member companies as an open standard to facilitate improvement through process management and benchmarking, regardless of industry, size, or geography. The PCF organizes operating and management processes into 12 enterprise level categories, including process groups and over 1,000 processes and associated activities. To download the full PCF or industry-specific versions of the PCF as well as associated measures and benchmarking, visit www.apqc.org/pcf.”
All APQC/IBM Industry PCFs: APQC and IBM hereby grant you (and, in the case of organizations, your members) a limited, non-exclusive, non-transferable, non-sublicensable license to use, publish, copy, disseminate, display, perform and create derivative works from the APQC/IBM Industry PCFs, provided that (a) you use such Industry PCF(s) only within your organization and do not disseminate it to any third party, and (b) you include the following copyright acknowledgement in all copies of such Industry PCF(s) and all derivatives:
“This Industry Process Classification Framework was jointly developed by APQC and IBM to facilitate improvement through process management and benchmarking. ©2016 APQC and IBM. ALL RIGHTS RESERVED.”
Under no circumstance may you (or anyone on your behalf) impose a royalty, fee or any other consideration to a third party for use of the APQC/IBM Industry PCFs.