LEGAL TERMS AND CONDITIONS Terms and Conditions of Use
We may change these Terms any time. By using the Site, you agree to follow and be bound by the Terms posted concurrent with your use. Please read these Terms regularly. If you do not agree to follow and be bound by these Terms, please do not use this Site. Site Contents
You should assume everything you see or hear on the Site and everything you receive from the Site (collectively, the "Contents") is owned by Apex and protected by appropriate copyright, trademark, trade dress or other international intellectual property laws. The Contents include images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, music, the Site as a whole and any other materials at the Site. As a customer of the MAX-ATM products, you have the right to use the materials you lawfully access or download from the Site for your own personal use. Duplication for, or distribution to others (in any format) is not permitted. Specifically, except as stated herein, none of the Content from the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Apex. No software (including but not limited to any images or files incorporated in or generated by the software) may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered, or disassembled. Also, you may not "mirror" any Materials contained on this Site on any other server without Apex's prior, express written permission. You may use or download the Contents solely for your personal, noncommercial purposes, provided you keep all copyright and other proprietary notices with them. No other type of use is permitted. Downloading or copying Content does not transfer any right, title or interest in any Content to you. The downloading or export of software or technical data from this Site to any jurisdiction in violation of United States export laws is strictly prohibited. User Comments and Submissions
We welcome your comments regarding our Site, our products and our services. However, any idea, suggestion, or other information you transmit to the Site is, and will be treated as, nonconfidential and nonproprietary. Any comment, idea, suggestion, response or other material or information you or others transmit to us through this Site or otherwise shall become entirely Apex's property. This includes personal information about you and your use of the Site. Please review our entire Privacy Policy statement for more information. You promise that no information or material you transmit to Apex Performance Systems (apexperformancesystems.com) will violate anyone else's right, including copyright, trademark, privacy or other rights. You may not transmit any information that is or contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane or otherwise unlawful, abusive or obscene material. You shall be solely responsible for the content of any Comments you make. Apex Performance Systems is not responsible or liable for the content of information that others post at or transmit to the Site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography or profanity contained in any such information, or for the conduct of any Site user. Product Information
Products displayed on the Site can be delivered worldwide. Prices are valid and effective only in U.S. Dollars. We will accept international monetary transfers for payment for products. Those funds are to be received at our banking institution in advance of delivery. Links to Other Sites
If you have any concerns regarding any outside site linked to or from the Site, please direct those concerns to the owner or operator of the outside site. Apex is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials. Disclaimer
YOUR USE OF THE SITE IS AT YOUR OWN RISK. APEX PROVIDES THIS SITE, ALL CONTENTS, AND ALL SERVICES OFFERED THROUGH OR FROM THE SITE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. APEX ALSO DOES NOT WARRANT THAT YOUR USE OF THE SITE, THE OPERATION OR FUNCTION OF THE SITE, OR ANY SERVICES OFFERED THROUGH OR FROM THE SITE, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. APEX DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE CURRENCY, ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. APEX SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE INFORMATION CONTAINED HEREIN (OR FROM THE USE OF INFORMATION OBTAINED TO LINKED ADDRESSES), INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF APEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are dissatisfied with the Site, any of its Contents, or any of these Terms, we would like to hear from you. You may contact us at info@apexperformancesystems.com. However, your sole and exclusive legal remedy is to stop using the Site. Indemnification
You agree to defend, indemnify and hold Apex harmless from and against any claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or your violation of any of these Terms and Conditions. Miscellaneous
Unless otherwise specified, Apex displays this Site and the Contents solely to market and promote Apex's products and services. Apex controls and operates this Site from its offices in Wisconsin. These Terms shall be construed according to Wisconsin law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the Contents, the use of the Site, or products or services purchased using this Site, shall be resolved exclusively by the state and federal courts of the State of Wisconsin. Your use of the Site constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute. These Terms are the entire agreement between you and Apex relating to the Site or its Contents. Any other agreements between you and Apex are superseded and have no force or effect. Termination
If Apex believes you have failed to comply with these Terms, or for any other or no reason, Apex may deny you access to the Site immediately without notice. The restrictions, including restrictions with respect to the Content, disclaimers and liability limitations in these Terms shall continue to apply. Upon denial of access, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of Content. Legal Contact Information
If you have any questions about these Terms, or if you would like to request special permissions regarding Site Contents, please contact Sarah McCann at sarah@apexperformancesystems.com. |
