Terms & Conditions
The American Pie Council ("APC") makes the materials on this website including all information, documents, communications, files, text, graphics, and products included on this Website (collectively "Materials"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made by the APC from time to time (collectively, "Terms and Conditions"). By downloading, or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access or download the Materials.
Ownership; Restrictions
The copyright and ownership interests in all Materials is held by the APC and its suppliers and protected by U.S. laws and international treaty provisions. You agree not to use, copy, republish, frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Materials, except as expressly allowed herein. Unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.
Term; Termination
These Terms and Conditions are effective until terminated by the APC. The APC may terminate these Terms and Conditions with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms and Conditions shall immediately cease to exist and you must promptly discontinue all use of the Materials and this Website and destroy all copies of the Materials downloaded by you. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms and Conditions, we reserve the right to terminate access to this Website and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these Terms and Conditions will survive.
Disclaimer
You acknowledge and agree that the Materials are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, are expressly disclaimed to the fullest extent permitted by law.
No warranty or representation is given that the functions contained in the Materials will meet your requirements, that the operation of the Materials will be uninterrupted or error-free, or that any defects in the Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Trademarks
The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of the APC and others. All other registered and unregistered trademarks used in the Materials are the property of their respective owners. You are not granted any license or right to use any APC trademark, service mark or logo used or displayed in the Materials without the prior express written permission of the APC. When used with the APC's permission, all trademarks must be identified as trademarks of the APC using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any printed or electronic communications, including advertising, promotions, packaging, sales and marketing collateral and product labels.
Personal Information
Information submitted to the APC through the Website is governed by APC's Privacy Policy.
User Submissions
Except as provided in the Privacy Policy, no ideas, material, computer code, information or other communication you submit or post to the Website will be considered confidential or proprietary. All such material becomes the exclusive property of the APC, which is entitled to use such material for any purpose without restriction or compensation. You are prohibited from posting or transmitting to or from the Website any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law.
Links to Other Websites
The APC makes no representations or warranties about any other Website or material that you may access through links or other references on this Website You do so at your own risk. The presence of links to non-APC websites or materials does not imply that the APC endorses or accepts responsibility for the content or use of such websites or materials.
Access to Password-Protected Areas
The APC may restrict some areas of the Website to authorized users ("Members") only. Access to and use of areas of the Website that are password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties.
Third Party Products and Services
This Website mentions third party products and services for informational purposes. The APC makes no recommendations or endorsements about any third party products or services.
LIMITATION OF LIABILITY
UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL THE APC OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THIS WEBSITE, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREWITH, EVEN IF THE APC OR AN APC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.
General
This Website is controlled by the APC from its offices within the State of Illinois, United States of America. The APC makes no representation that the Materials are appropriate for use in other locations. Any claim relating to the Materials will be governed by the laws of the State of Illinois, notwithstanding any conflicts of law principles, and the United States of America. Any part of these Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms and Conditions without the prior written consent of the APC. Any attempted assignment or transfer without such prior written consent from the APC shall be null and void. The headings of sections of these Terms and Conditions are for convenience only and are not to be used in interpreting these Terms and Conditions. In the event the APC is required to initiate legal proceedings to enforce any provision of these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be entitled to recover all reasonable attorneys' fees from the other party. These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms and Conditions may only be modified by the APC in a writing.
Contact Information
All requests for further information or for permission to reproduce any portions of the Materials should be directed to: American Pie Council, P.O. Box 368, Lake Forest, IL 60045.