Member2Member (M2M) Forum Terms of Use

Date of Last Revision: December 1, 2020

The contents of the Member2Member Forum (“Forum”) are owned by the Awards and Personalization Association (“APA”). By using the Forum, you signify that you have read, understood and agree to be bound by these Terms of Use (“Terms”). APA reserves the right to change these Terms at any time without notice. Changes will be posted on this page. Your continued use of the Forum indicates your acceptance of the new Terms.

By participating in the Forum, you agree to the Terms outlined below.

Use of the Forum

• Use of this site is subject to APA’s Privacy Policy.
• You may not modify, reproduce, display, publicly perform or otherwise use content posted on the Forum in any way not expressly authorized under these Terms.
• You may not use the content posted on the Forum on any other website or in any other networked computer environment for any purpose.
• You agree not to use any obscene or offensive language or to place on the Forum any materials or photos that are libelous, abusive, or hateful; constitutes junk mail, advertising, or commercial solicitation; invades anyone's privacy; gives rise to civil liability; or violates or encourages the violation of any copyright or local, state, national, or international law/regulation. You agree to use the Forum only for lawful purposes.
• You agree that any post or communication provided by you on the Forum is accurate to the best of your knowledge. You agree that your post or communication will not infringe on any personal or property rights of any other person or organization and that you have obtained all necessary permissions to reproduce or use any materials for which you are not the author or copyright holder. Do not post any information or other material protected by copyright without the permission of the copyright owner.
• You agree that any information provided by you on the Forum is non-confidential and becomes the sole property of the APA. The APA reserves the right to unrestricted use of these submissions for any purpose without acknowledgment or compensation to you.

Anti-trust

The APA is an association of suppliers and customers. Most supplier members compete with each other, as do many of their wholesale and retail customer members. As an association of competitors on the three levels of distribution in the awards and recognition products industry, the Awards and Personalization Association must act cautiously to ensure against violation of federal and state anti-trust laws. Topics prohibited from discussion include those that could be construed as tending to (a) raise, lower, or stabilize prices or fees, including credit terms; (b) regulate production or the availability of products or services; (c) allocate markets or customers; (d) encourage boycotts; or (e) foster uncompetitive practices. Content may not be posted if it encourages or facilitates an agreement that either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct intended to restrict competition.
Use of the Forum for the promotion of products and services will be limited to those members who hold a Supplier membership. While Retail members may offer products and services on a wholesale level, they are not to use the Forum for the promotion of such products and services. Posts violating this term will be removed by the Association.

Disclaimer

The postings on the Forum are not and may not be interpreted as an endorsement by or as stating a position of APA; APA accepts no responsibility for the opinions and information posted on the Forum by others. The APA is not responsible for and makes no warranties as to information contained in user profiles ("User Content") or the accuracy or reliability of the User Content. APA disclaims all warranties with regard to information posted on the Forum, whether posted by APA or any third party. In no event shall APA be liable for any damages whatsoever, including without limitation special, indirect, or consequential damages, arising out of or in connection with the use or performance of any information posted on the Forum.

Indemnification

You agree to defend, indemnify and hold APA harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of these Terms, (b) your use of the Forum and/or (c) the use of the Forum by any other person using your Member Login IDs. APA may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. APA reserves the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

Termination

The APA may terminate your Forum access, delete your profile and/or remove any content that you have posted (without notice) that in the sole judgment of the APA violates these Terms or that might violate the rights, harm, or threaten others, or for any reason, which need not be disclosed.

Governing Law

Participants agree that the law of the State of Illinois in the United States of America will apply to all matters relating to these Terms. In addition, participants agree and consent that, if there is ever any legal action against APA arising out of use of the Forum, the state and federal courts located in the State of Illinois, USA, will have exclusive jurisdiction and be the exclusive venue for any such legal action. Each Forum participant agrees that the courts in that jurisdiction will have the right to exercise personal jurisdiction over such participant in connection with any claim involving one of such participant’s postings to the Forum.

Entire Agreement

These Terms are the entire understanding between each Forum participant and APA regarding such participant’s relationship to the Forum. If APA fails to notify any participant of any violations of these Terms, this will not mean that APA cannot notify such participant of future violations of any part of these Terms.

Acknowledgment and Acceptance

I have read and understand the foregoing Terms and agree to use the Forum only in compliance with these Terms.