THIRD PARTY SITES
This site may provide you with links to other sites on the Internet (“Linked Sites”). The Linked Sites are not under Apex control, and Apex is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by Apex or any association with the operators of the Linked Sites.
You acknowledge and agree that the materials contained in this site are protected by copyright, trademark and other proprietary rights and laws. You may download and print or save to your disk or hard drive materials found on this website for your personal use only, provided that all copies you make of this material must include any copyright, trademark or other proprietary notice located on the site which pertains to the copied material. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. You agree not to systematically retrieve data or other content from this site for the purpose of creating a collection, compilation, database, or directory without Apex’s written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with the these Terms and Conditions of Use. You may not mirror or archive any part of this website or any material contained on this website on any server or computer without Apex’s written permission.
PRODUCTS AND SERVICES
A description to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Apex of that product, service or publication. Products and services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or service.
NO UNLAWFUL OR PROHIBITED USE
You agree not to use the website for any purpose that is unlawful or prohibited by the Terms and Conditions of Use. You may not use the website in any manner that could damage, disable, overburden, or impair this site or interfere with any other party’s use of this site or services. You may not seek by any means to obtain any materials or information through the site not intentionally made available to you through the site.
USER’S LIMITED ACCESS
The site may contain communication services such as bulletin boards, chat rooms, news groups, communities, personal web pages, group calendars, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum.
You agree that you will not:
- Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
- Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
- Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
- Improperly assume or claim the identity, characteristics, or qualifications of another person.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Use the site for commercial purposes, or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations.
- Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
- Attempt to gain access to any portion of this site, any computer, server, account, network, software, or hardware associated with this site, from which you are restricted.
- Violate any applicable laws or regulations.
Apex is not obligated to monitor the communications contained on the site. However, Apex may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof.
NO REPRESENTATIONS OR WARRANTIES
Apex makes no representations or warranties that this web site if free of defects, viruses or other harmful components. Apex shall not be responsible for any damages or loss that may result from the hacking or infiltration of this web site or Apex’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE AND YOU AGREE TO HOLD APEX HARMLESS FROM, AND YOU COVENANT NOT TO SUE APEX FOR, ANY CLAIMS BASED ON THE USE OF THIS WEB SITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEB SITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS SITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” APEX DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. APEX MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE SITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL APEX BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF APEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; APEX’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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You agree to defend, indemnify, and hold harmless Apex and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of this site, your breach of this agreement, or your infringement of the intellectual property rights of third parties.
Apex reserves the right to terminate your access to the site or to any or all of its services at any time without notice for any reason whatsoever.
Apex is pleased to hear from its customers. Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to Apex or postings on interactive portions of this website, shall be deemed and shall remain the property of Apex. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. Apex is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means, you hereby RELEASE Apex from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or Apex, you hereby grant Apex, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived
Apex’s performance of this Agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of Apex’s right to comply with governmental, court and law enforcement requests relating to your use of the site, or information collected by Apex in connection with such use.
All rights not expressly granted herein are reserved exclusively and entirely to Apex. Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Apex or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise notes, Apex is the owner of all trademarks and service marks on this website, whether registered or not.
This document was last revised on 04/2014
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