By using the Apex Material Technologies, LLC (“APEX”) website (“Site”), you agree to be bound by the foregoing terms and conditions and such other additional or alternate terms, conditions, rules, and policies implemented by APEX from time to time in its sole discretion.
Restriction of Use
All information contained on the Site, including copyright and other intellectual property rights in the content, shall remain the exclusive property of APEX. APEX grants the user a non-exclusive, non-transferable license to display on the user’s computer or other electronic access device the content for the user’s own internal business purposes only. Except as provided herein, you agree not to copy, reproduce, modify, upload, transmit, distribute, sell or publish any of the content obtained through the Site without the prior written consent of APEX.
Many of the names, titles, trademarks, service marks, and logos that appear on the APEX Site are registered or common law (unregistered) marks of the company, which may not be used without the express written permission of APEX.
The Site may contain links that take users to other websites as a convenience and not as an endorsement. These linked sites are not necessarily under the control of APEX. Users that elect to visit a linked site do so at their own risk, and it is the user’s responsibility to take protective measures to guard against viruses and other destructive elements. APEX is not responsible for the content of any such linked sites or any other web page that is not under the sole control of APEX.
By use of the Site, you agree to defend, indemnify, and hold harmless APEX, its affiliates, licensors, employees, agents, contractors, officers, directors, and members from an against any and all claims, actions, or demands, including without limitation reasonable attorney’s fees and costs, resulting from or related to: (a) your breach of the terms in this Notice; (b) your access to or use of the Site or contents; or (c) your reliance on information on the Site.
Disclaimer and Limitation of Liability
APEX makes no warranty or representation as to the validity, truthfulness, accuracy or legality of any content on the Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL APEX, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER APEX HAD BEEN ADVISED OR COULD HAVE FORSEEN THE
POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OR INABILITY TO USE THE SITE; (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF THE CONTENT; OR (C) ANY OTHER MATTER RELATING TO THE SITE.
Applicable Law and Jurisdiction