In using and requesting services from this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions of Use, Privacy Statement and Disclaimer Notice and any or all Agreements: ”Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “Our”, “We” and “Us”, refers to our Company, Apex BDC LLC (hereinafter “Apex BDC”). “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Florida and Federal law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
DISCLAIMER OF WARRANTIES
Our website and the services provided through it are provided on an “AS IS” and “AS AVAILABLE” basis. Your use of this Site shall be at your sole risk. Apex BDC disclaims to the fullest extent permissible by law, and you waive, all warranties of any kind, whether expressed, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement, in connection to the website and your use thereof. Apex BDC makes no warranties or representations about the accuracy or completeness of this website’s content and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) any unauthorized access to or use of our Site or your information, (iii) any interruption or cessation of transmission to or from our website. (iv) any bugs, viruses, Trojan horses, or similar which may be transmitted to or through our website by any third party, (v) any errors or omissions in any content and/or (vi) any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available through the website. You assume the entire risk of loss and damage due to your use of the website, including but not limited to the cost of repairs or corrections to your hardware or software.
LIMITATION OF LIABILITIES
Your use of our website is entirely at Your sole risk. Apex BDC shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses, including without limitation loss of use, data, profits, goodwill, or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of our Site.
INDEMNIFICATION
You agree to indemnify and hold harmless Apex BDC from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising out of your acts or omissions, including claims resulting from your use of the Website.
CHOICE OF LAW
The terms of this User Agreement and use of this Site is governed by the laws of the State of Florida.
COPYRIGHTS AND TRADEMARKS
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Apex BDC and protected by U.S. and international copyright laws. Any software used on this Site is the property of Apex BDC or its software suppliers and protected by U.S. and international copyright laws.
Our site (and any logos thereon) is a trademark of Apex BDC and may not be used in connection with any product or service that does not belong to Apex BDC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Apex BDC.
INTELLECTUAL PROPERTY RIGHTS
Unless stated otherwise, Apex BDC, and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the limited licenses below, all intellectual property rights are reserved.
Users may view (and where applicable, download) materials from the website, subject to the restrictions set forth below and elsewhere in these terms and conditions. All intellectual property rights in all content, materials, and/or service offerings and other deliverables and developments made, conceived, created, discovered, invented or reduced in the performance of the Services hereunder are and shall remain the sole and absolute property of Apex BDC, subject to an exclusive license to User for its strict internal use as intended under this Agreement, and Apex BDC retains all moral rights therein. This Agreement does not grant User any license to any of Apex BDC’s products, which products must be separately licensed.
User MAY NOT:
Republish material from this web website and/or service offerings site (including republication on another website);
Sell, rent or sub-license material from the website and/or service offerings;
Show any material downloaded from the website in public;
Reproduce, duplicate, copy or otherwise exploit the materials on this website and/or service offerings for any commercial purpose or otherwise unauthorized purpose;
Edit or otherwise modify any material on the website and/or service offerings;
Redistribute material from this website and/or service offerings, except for content specifically and expressly stated as made available for redistribution;
Upload or otherwise transmit any harmful, threatening, abusive, defamatory, violent, hateful, or otherwise objectionable content or materials;
Attempt to decipher, hack, decode or otherwise attempt to discover the source code of any software or any proprietary coding used on this Website or its materials; or
Assist or encourage the violation of any terms set forth herein.
THE VIOLATION OF ANY PROHIBITED USES SET FORTH HEREIN MAY BE WARRANT CRIMINAL OR CIVIL LAW ACTION AND WILL BE PURSUED TO THE FULLEST EXTENT OF THE LAW.
ACCEPTABLE USE
User must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
User must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
User must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Apex BDC’s express written consent. User must not use this website to transmit or send unsolicited commercial communications. User must not use this website for any purposes related to marketing without Apex BDC’s express written consent.
This website, and all materials/service offerings provided by Apex BDC, may be accessible to individuals under the age of eighteen (18). Apex BDC is not responsible or liable for any legal claims or causes of action related to a minor’s use of this website, materials, or service offerings.
RESTRICTED ACCESS
Access to certain areas of this website is restricted. Apex BDC reserves the right to restrict access to areas of this website, or indeed this entire website, at Apex BDC’s discretion.
Service speed may vary depending on Your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond our control. You acknowledge and agree that You must provide for Your own access to the Internet and pay any service fees associated with such access, and that You must provide all equipment necessary for You to make such connection to the Internet, including a computer and modem. You may not have full access to the website if the Internet connection for Your Internet service provider is down or inaccessible, or if You provide incorrect information. If Your Internet service provider terminates Your service, Your access to the website may be limited or denied. Apex BDC is not responsible for any such limitation or denial, or for any long-distance, toll, or other charges or fees you incur while you use the website.
WARRANTY OF USER INFORMATION
User represents and warrants that any and all personal or company information provided by User belongs solely to User and is true and correct. User shall not impersonate or imitate another individual when utilizing this website and/or the serving offerings. User further warrants that User has not, and will not, knowingly submit, include or use any false or inaccurate information to User’s account.
MANDATORY ARBITRATION
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
ENTIRE AGREEMENT
This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
ASSIGNMENT OF RIGHTS
Your rights under this Agreement are personal to you and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the Company.
PRIVACY STATEMENT
Apex BDC does not collect personally identifiable information about individuals who visit our Site except when the information is specifically provided on a voluntary basis. Personally identifiable information on Users will not be sold or otherwise transferred without the approval of the User. Apex BDC reserves the right to contact a User regarding account status, changes to the Agreement and other matters relevant to the use of the Site. Apex BDC reserves the right to change this policy at any time. Any such change will be posted on the Site.
Our Site may use cookies to facilitate easier navigation within the Site and provide a higher level of convenience for the visitor. A cookie is a small piece of information about an Internet session that may be created when a visitor accesses a website. Any use of cookies used by our Site will not be written to the visitor’s hard drive, exist only until the browser is shut down, do not contain any personal information regarding the visitor, and do not retrieve any information from the visitor’s personal computer.
Credit Card Purchases: Information provided for any purchase (including billing name, billing address, telephone number, and fax number) will not be shared or sold to anyone outside of Apex BDC nor to any third party. Payment information (such as credit card numbers and expiration dates) is treated confidentially and will not be shared with anyone except the financial institutions used to process payments. To process purchases, Apex BDC may require your name, address, phone number, email address and credit card information. Such information is used primarily to process your order or as otherwise described in this Policy and is not stored. Credit card transactions are processed in accordance with industry standards, and Apex BDC only uses your credit card information for that purpose.
Apex BDC uses software to protect your billing information. The software, which may change from time to time, encrypts information and keeps the data private and confidential between your computer and Apex BDC. This technology makes it safe to transmit your credit card number over the Internet.
Personally Identifiable Information. Our site may require an e-mail address from you when you register for our services, subscribe, or make a purchase on our Site. Apex BDC uses your e-mail for both transactional and promotional reasons. For example, transactional would be such things as order confirmation, refund and renewal processing, and notifications. Promotional would include newsletters, new product offerings, special discounts, event notifications, and special third-party offers. E-mail messages sent may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. Apex BDC reserves the right to send you certain communications relating to products and services, such as service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. Apex BDC may also contact you by telephone solely in connection with our services.
Disclosure of Information to Third Parties.
By Law. You agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Owner’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
Sale of Business. Apex BDC may buy or sell assets and, depending on the transaction, your personally identifiable information may be one of the transferred assets (excluding any credit card information which is not stored or sold). In the event that Apex BDC is acquired by another company, your personally identifiable information may be part of the assets transferred to the acquiring party. If this occurs, you will be notified if there are any material changes to the way your information is collected or used.
Security. Our Website has security measures in place to protect the loss, misuse and alteration of the information stored in our database. Apex BDC will exercise reasonable care in providing secure transmission of information between your computer and our servers. Apex BDC cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accepts no liability for any unintentional disclosure. Apex BDC is not responsible for the privacy practices or the content of other websites that may be linked to this site or of any third-party advertisers.
MOBILE DATA
Apex BDC does not collect or share personal mobile data with third parties for marketing purposes. Any mobile information that is collected will be used solely to improve the services offered by Apex BDC and will not be sold or transferred to third parties under any circumstances. We are committed to protecting the privacy and security of all mobile data in compliance with applicable laws and regulations.
ACCEPTANCE OF PRIVACY POLICY
Your use of Our Website, including any dispute concerning privacy, is subject to this privacy statement and the applicable Terms and Conditions of Use. BY USING THIS WEBSITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY STATEMENT AND THE APPLICABLE TERMS AND CONDITIONS OF USE.
Apex BDC reserves the right to modify this Privacy Statement and Terms and Conditions of Use at any time. Your continued use of any portion of the website following posting of the updates shall constitute your acceptance of the changes.
REFUND POLICY
Except as otherwise set forth herein, all purchases made through the Website and/or Company are final. User understands and acknowledges that no refunds will be granted for any purchases. Satisfaction is the Company’s top priority. Any issues with a purchase should be brought to the Company’s attention immediately and the Company should be provided the opportunity to cure any issues presented for the User.
TERMINATION
This Agreement is effective until terminated by Apex BDC at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in this Agreement shall survive.
This privacy statement was last revised on July 5th, 2022.
Any questions regarding this Privacy Statement and the Terms and Conditions of Use may be sent to managers@apexbdc.com. A