Terms of Use
The terms and conditions below (the “terms”) are what govern your use of the Apex Associates Inc. website on the Internet and World Wide Web. These terms are a legal contract between you and Apex Associates Inc. (“we” or “us”.) They govern your access to, and your use of our website, which (as you know) is located at Apex Associates Inc. (the “site”). These terms also govern your use of any services and products we provide on the site. If you do not agree with any of these terms, please do not access or otherwise use this site and/or our services and products.
Your use of this site, services and/or products on this site means that you agree to abide by each of the terms below. Apex Associates Inc. may make changes to the services and products offered on this site, at any time and without notice, and Apex Associates Inc. can change these terms at any time without notice by posting updated terms of use here on the site.
If you continue to use the site after such changes have been posted, it means that you agree to the new terms, even if you have not reviewed the changes. Therefore you really should check the terms of use posted here periodically for updates and changes.
Refund Policy
All purchases from Apex Associates Inc. are subject to our companies refund policy. You can find detailed information about the product you purchased and it’s refund policy on our Refund Policy page.
General Use
Apex Associates Inc. provides content, services and products throughout this site. All information, documents, products and services, including content, trademarks, logos, graphics and images (which are grouped together under the term “Materials”) are the copyrighted work of Apex Associates Inc. licensors and/or contributors.
Apex Associates Inc. grants you a limited, personal, non-exclusive and non-transferable license to use the Materials solely for your personal use or internal business use. You agree that you will only use this site and the Materials for lawful uses.
You agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials provided by Apex Associates Inc. in any manner. Your limited license terminates automatically, without notice to you, if you breach any of these terms.
Upon termination of your limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the site or any Materials on any legal basis.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the site. Such prohibited conduct includes, but is not limited to, any efforts to: (a) log into an account with a password not assigned to you; (b) access personally identifiable information not intended for you; (c) test the security measures on the site and/or attempt to identify system vulnerabilities; (d) impersonate any other user of the site and/or the products and services, forge any of the header information in any posting, or tamper with the TCP/IP packet header; (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying software code for the site and/or the products and services; or (f) overwhelm or disable the site or the products and services or interfere with the access and use of the site and/or the services by any other user.
If Apex Associates Inc. becomes aware of any of the aforementioned activities on your part, we may investigate and take action. When appropriate, we may work with law enforcement to investigate and prosecute offenders.
Your continued use of the Site and/or the products and services is expressly conditioned on your compliance with the prohibitions, obligations and restrictions just stated. Without limiting the foregoing, you acknowledge that Apex Associates Inc. prohibits and you agree not to:
Take any action that imposes an unreasonable or disproportionately large burden on the site’s infrastructure;
Intentionally expose the site and/or any products or services provided on Apex Associates Inc. to a computer virus or any other program or code that is intended to disrupt or disable the operations of the site and/or our products or services;
Frame or link to the site or any of the content or information available from the site, unless Apex Associates Inc. expressly consents to such linking and/or framing;
Use any spider, robot or other program, code or device to copy, retrieve or index any portion of the Apex Associates Inc. site;
Harvest or otherwise collect information about other users for any purpose other than expressly permitted herein;
Post any false or inaccurate Submissions (defined below) or information on any part of the site;
Use the products and/or services and/or the site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property rights, or violate the privacy or rights of any other person;
Post any Submission or information that is discriminatory, hateful, obscene, vulgar, abusive, defamatory, sexually-orientated, threatening, or otherwise objectionable;
Include any hyperlinks or any misleading, irrelevant and/or hidden code or keywords in any Submissions posted by you;
Harass, stalk, or otherwise subject any other user of the site and/or products and services to inappropriate or unwanted contact;
Make any additions, changes, alterations and/or deletions to any Submissions posted by any user without the express written authorization of such other user;
Apex Associates Inc. reserves the right to terminate our relationship with you under these terms and prohibit your access to the site and/or products or services or to edit, remove or close any Submission or thread for any reason.
The foregoing list of prohibitions is not intended to be complete or exclusive.
You acknowledge and agree that there is the chance that you may be exposed to content that may be offensive or objectionable to you. You hereby acknowledge and agree that all submissions submitted by you or any other user express the views of the author, and Apex Associates Inc. will not be held responsible for or liable for the content in such submissions.
Your access to the site and Services is undertaken at your own risk and Apex Associates Inc. is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
In addition, the foregoing prohibitions do not impose on Apex Associates Inc. any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other user.
Submissions
Subject to the terms and conditions of the Apex Associates Inc. Privacy Policy, when you submit data and/or post communications on the site (collectively “Submissions”), you grant to Apex Associates Inc., an irrevocable, perpetual, royalty-free, worldwide right (including moral right) and license to use, reproduce, display, distribute, modify and create derivative works of Submissions, in whole or in part, and to incorporate Submissions into other works in any media and utilizing any technology now known or later developed. You warrant that you have all rights, and no third party has retained any such rights, (including moral rights) in and to Submissions you may post to the site.
Links to Third Party Sites
The Apex Associates Inc. site may be linked to other sites that are not owned, operated, or managed by Apex Associates Inc.. We provide these links to you only as a convenience, and Apex Associates Inc. is not responsible for the content or links displayed on these third party sites.
Third Party Content
Some information and content may be provided by third parties to Apex Associates Inc. (“Third Party Content”). The Third Party Content is the copyrighted work of the creator/licensor, Apex Associates Inc.
You agree that you will only display the Third Party Content on your personal computer for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), alter, edit, manipulate or enhance any of the Third Party Content in any manner.
Apex Associates Inc. disclaims all express, implied and statutory warranties and conditions with regard to third party content. This includes, but is not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Unauthorized Activities
Unauthorized use of any Materials or Third Party Content contained on this site may violate certain regulations and laws. You shall indemnify and hold Apex Associates Inc. and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all damages, costs, expenses, and liabilities, including attorneys’ fees, that Apex Associates Inc. or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party in the event that your use of the site or the use of the site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
Copyright Notice
All information, data, and screens appearing on Apex Associates Inc., including web pages, documents, site design, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of Apex Associates Inc. unless otherwise specified.
All rights not expressly granted herein are reserved worldwide. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of the copyright holder, except as otherwise required by applicable law.
Disclaimer of Warranties
Your use of this site, the Materials and/or the products and services is at your own risk. You assume all risks of using this site, the Materials and/or the products and services. Apex Associates Inc. does not warrant the accuracy or timeliness of the materials or the Third Party Content contained on this Site. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by Apex Associates Inc., and they may not be current or may include inaccuracies or typographical errors.
Apex Associates Inc. shall have no liability for Materials and/or Third Party Content that is not current or for any errors or omissions in the Materials and/or the Third Party Content, whether provided by Apex Associates Inc. or our licensors. Apex Associates Inc. does not guarantee that you will achieve any economic return or benefit from the use of the Materials.
Apex Associates Inc., for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the site, the products and services or any Materials or Third Party Content, relating to the quality, suitability, truth, accuracy, currency or completeness of any information or material contained on the site. This includes, without limitation, the Materials and the Third Party Content.
Apex Associates Inc. disclaims and excludes any and all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the site, the products and services, the Materials, Third Party Content, and any information or material contained on the site is provided to you on an “as is,” “as available” and “where is” basis with no warranty of any kind.
Limitation of Liability
In no event shall Apex Associates Inc. be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if Apex Associates Inc., have been advised of the possibility of such damage.
Apex Associates Inc.’s aggregate liability to you or any third party for any damages resulting from your displaying, copying, or downloading any material on the site or reliance on the information and/or material presented on the site shall not exceed one hundred dollars ($100.00).
Local Laws and Export Control
If you use this site outside the United States of America, you are responsible for compliance with all applicable local laws. Apex Associates Inc. controls and operates this site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations.
Consequences of Violation
If you violate these terms, Apex Associates Inc. may terminate your access to the site or Password-Restricted Areas without notice. Apex Associates Inc. prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these terms, as determined by Apex Associates Inc., will result in immediate termination of your access to the site or Password-Restricted Areas.
Apex Associates Inc. reserves the right to terminate any password-restricted account for any reason. These terms are governed by Wyoming Law and controlling U.S. Federal Law, without regard to the choice or conflicts of law provisions. Any disputes relating to these terms or the site will be heard in courts located in Wyoming. If any of these terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.
Apex Associates Inc. failure to enforce any of these terms is not a waiver of such terms. These terms are the entire agreement between you and Apex Associates Inc. and supersede any and all prior or contemporaneous agreements and understandings between you and Apex Associates Inc. These terms may not be modified except pursuant to a written amendment that is executed by an officer of Apex Associates Inc.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
European Users:
If you are a resident of the European Economic Area, you have the following data protection rights under the European Union’s General Data Protection Regulation, effective May 25, 2018:
If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us at team@apexagency.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or we may refuse to comply with your request in these circumstances.
In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information to another service provider. Again, you can exercise these rights by contacting us at team@apexagency.com.
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. If you are an unregistered user, or to opt-out of other forms of marketing (such as postal marketing or telemarketing), you may contact us at team@apexagency.com.
Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. However, if you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent.
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Notwithstanding the foregoing, we reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests as promptly as possible and wait time for response may vary. Occasionally it may take us longer, if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are an EU resident and you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
Updated 6/26/23
