The Apex Home Solutions Terms and Conditions (“Terms”) is a legal agreement between you and Apex Home Solutions (referred to herein as “Apex Home Solutions”, “Apex” or “Company”), governing your use of the Service.
By accessing any website operated by Apex Home Solutions (each a "Website," and together with all other websites and services offered by Apex Home Solutions, the "Site" or "Sites"), and using the Service, you are agreeing to comply with and be bound by these Terms. Additionally, when using the Website and the Service, you agree to abide by any applicable posted guidelines for all of Company’s services, which may change from time to time, and to comply with all applicable laws and regulations.
If you object to any of the terms or conditions of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Company or the Website in any way, you should immediately discontinue use of the Website. These Terms (as may be modified by Apex Home Solutions from time to time) will remain in full force and effect as long as you are a user of the Website, and in the event of termination of any membership, service, or feature, you will still be bound by your obligations under these Terms, including any indemnifications, waivers, warranties, and limitations of liability.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
It is your responsibility to periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Services by you after Company’s publication of any such changes will constitute your acceptance of these Terms, as modified. You agree that Company is permitted to access and use any other information provided by you to perform the Service and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Service provided to you by the Company.
Apex Home Solutions provides users with a wide selection of pricing quotes for various goods and services. Users may also participate in advertising campaigns, take quizzes and surveys, use various services and products, and use information (“Services”) provided by Apex Home Solutions.
Apex Home Solutions may terminate a participant’s use of the Services and destroy any data within the Services if Apex Home Solutions deems that the participant has not observed these Terms and Conditions or for any other reasons. The participant agrees that Apex Home Solutions may delete registration data and all related information as well as any data used by Third-Party Services. Apex Home Solutions may also prohibit the user’s further access to the Services, with or without prior notice.
The Service contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. Apex Home Solutions is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, product, or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. Apex Home Solutions' Privacy Policy, is applicable only when you are on our Site. Once you link to another website, its privacy policy applies to any personal information you supply.
Your transactions and other dealings with third party merchants or advertisers found on or through the Service, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods and services, are solely between you and such merchant or advertiser.
When participants use the Services, they agree that Apex Home Solutions may contact them with future communications, including without limitation, email marketing, telephone marketing, and other forms of direct marketing, as well as online and offline advertising. Apex Home Solutions may share participants’ information with third parties for marketing purposes, unless participants opt out, as described in the Apex Home Solutions Privacy Policy. Such communications from Apex Home Solutions may be transmitted to participants by (automatic) telephone calls, email offers, or any other method of communication. Please see the Apex Home Solutions Privacy Policy for information regarding Apex Home Solutions' collection, use, and disclosure of this information. By using the Services, the participant accepts and agrees to the Apex Home Solutions Privacy Policy, which is incorporated herein by reference. Participant further acknowledges and agrees that any costs associated with receiving future marketing communications are the sole responsibility of participant.
Apex Home Solutions does not guarantee that communications transmitted electronically are secure, accurate or complete as information could be intercepted, tampered with, corrupted, lost, destroyed, or delayed or could contain malicious content. Although messages and any attachments are believed to be free of any malicious content or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is free of malicious content. By messaging with Apex Home Solutions, you understand and accept all risks associated with electronic communications.
Apex Home Solutions does not accept any responsibility for the contents of any electronic communication or for any delays, inaccuracies, or omissions in the transmission of information to Apex Home Solutions and disclaims all liability to the fullest extent permitted by applicable law for any loss, damage, or delay arising from any reliance on or use of this message in any way.
Any electronic communication conducted within or through Apex Home Solutions' systems is subject to monitoring, review, retention and external production in order to comply with relevant laws, regulations and regulatory requests, for risk management or operational purposes; may be stored or otherwise processed in countries other than the country in which you are located; and will be treated in accordance with Apex Home Solutions' policies and applicable laws and regulations.
Pixel tags (which are typically one-pixel, transparent images located in an email or other message), or similar technologies may be used in some of our digital communications. These are principally used to help us measure engagement. Please notify the sender or if available, use the unsubscribe function if you do not wish to receive further emails from us.
Participants attest that any personal information collected from the participants through the Services is correct and complete. The participant further represents that registered information is correct, up-to-date, and complete at the time of participation. If Apex Home Solutions determines in its sole discretion that the registered information is not accurate or complete, then Apex Home Solutions is entitled to delete the participant’s data and prohibit the participant’s further use of the Services.
By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have not violated and will not violate these Terms; (c) you have not previously been suspended or removed from the Service; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of Company and are not using the Services for reasons that are in competition with Company or other than for the Services’ intended purpose.
Apex Home Solutions is for personal use only. Organizations and businesses may not become participants and should not use the Services or Apex Home Solutions for any purpose. You hereby agree not to reproduce, copy, sell, resell, or use the Services (or any part of it) or access to the Services for commercial purposes.
Company grants each user a limited, revocable, non-exclusive license to access the Site and Services in order to, as applicable, view or make legitimate inquiries to us regarding our Services, all in accordance with these Terms. Any other use of the Site is expressly prohibited. This limited license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
All service marks, trademarks, logos, trade names, slogans, and domain names that appear on or in connection with the Services are the property of Apex Home Solutions or its affiliates, licensors, or licensees. You may not copy, sell, re-sell, reproduce, display, or use any of these trademarks without the prior written consent of Apex Home Solutions.
The data, data feeds, content, organization, graphics, designs, and other material featured on Apex Home Solutions or provided through the Services (the “Copyrighted Material”) are protected under applicable U.S. and international copyright, trademark, and other intellectual property laws. The Copyrighted Material is either owned by or licensed to Apex Home Solutions. It is forbidden to copy, sell, re-sell, reproduce, display, or use the Copyrighted Material without the prior written consent of Apex Home Solutions. All rights are reserved.
THE SERVICES ARE PROVIDED “AS IS” AND UNDER THESE TERMS AND CONDITIONS, APEX HOME SOLUTIONS IS NOT SUBJECT TO WARRANTIES, EITHER IMPLIED OR EXPRESSLY STATED (OF ANY KIND), INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES WITH REGARD TO SUITABILITY, MERCHANTABILITY, FOR A SPECIFIC PURPOSE AND/OR VIOLATION.
PARTICIPANTS AGREE TO USE THE SERVICES AT THEIR OWN RISK. APEX HOME SOLUTIONS MAKES NO WARRANTIES OR GUARANTEES THAT THE SERVICES OR APEX HOME SOLUTIONS WILL BE WITHOUT ERROR OR NOT BE INTERRUPTED. PARTICIPANTS AGREE THAT THEY BEAR RESPONSIBILITY FOR ANY DAMAGES INCURRED AS A RESULT OF DOWNLOADING OR ANY USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, APEX HOME SOLUTIONS, AND CONTENT ARE PROVIDED TO PARTICIPANTS ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS.
ANY COMMUNICATIONS, TRANSACTIONS, OR DEALINGS WITH THIRD-PARTY SERVICES ARE NOT THE RESPONSIBILITY OF APEX HOME SOLUTIONS (INCLUDING, BUT NOT LIMITED, TO ANY SERVICES USED BY SPONSORS, AFFILIATES, CO-REGISTRATION, AND INTEGRATED CONTENT). PARTICIPANT AGREES THAT APEX HOME SOLUTIONS IS NOT LIABLE IN ANY WAY FOR DAMAGES OR COSTS AS A RESULT OF ANY USAGE OF THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, FEES ASSOCIATED WITH TELECOMMUNICATIONS, SURCHARGES, REGISTRATION FEES, AND SUBSCRIPTION CHARGES, AS WELL AS ATTORNEYS’ FEES AND COURT EXPENSES INCURRED AS A RESULT OF LITIGATION.
APEX HOME SOLUTIONS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES TO COMPUTER HARDWARE, SOFTWARE FAILURES, DATA FAILURES, LOSS OF PROFITS, DAMAGE TO GOODWILL, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, DAMAGE AS A RESULT OF ACTS OF GOD, OR OTHER LOSSES.
THE MAXIMUM TOTAL LIABILITY OF APEX HOME SOLUTIONS TO YOU FOR ANY AND ALL CLAIMS UNDER THESE TERMS AND CONDITIONS (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS ONE HUNDRED UNITED STATES DOLLARS ($100 USD).
UNDER THESE TERMS AND CONDITIONS, PARTICIPANTS AGREE TO THE STATED PROVISIONS AND ASSUME THE RISK FOR USE OF THE SERVICES. THE LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, AND OTHER CLAUSES DISCLAIM ANY RESPONSIBILITY OF APEX HOME SOLUTIONS FOR DAMAGES INCURRED. ALL PROVISIONS STATED IN THESE TERMS AND CONDITIONS ARE INDEPENDENT OF OTHER PROVISIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners, and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney’s fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any content you provide or transmit through the Services, (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules, or regulations.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in New York, New York.
Arbitration proceedings shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA by a single arbitrator. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM.
The company is committed to full compliance with the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), at all times and maintain a repeat offender policy which may result in the termination of your right to use the Services if you violate such policy. If you believe that your work has been copied, posted or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA:
DMCA Copyright Agent Contact:
Apex Home Solutions
9820 Northcross Center Court Suite 7
Huntersville, NC 28078
Attn: Copyright Agent
Email: support@apex-home.com
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you believe that your material has been mistakenly removed or disabled, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable except with Company’s prior written consent.
This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Company in any respect whatsoever.
TO THE EXTENT NOT SUBJECT TO ARBITRATION, ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW YORK, NEW YORK, USA, AND YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
