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PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Apex Engineering MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
(1)
Copyright, Licenses and Idea Submissions. The entire contents of
the Site are protected by international copyright and trademark laws.
The owner of the copyrights and trademarks are Apex Engineering, its
affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Apex Engineering a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Apex Engineering by all means and in any media now known or hereafter developed. You also grant to Apex Engineering the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Apex Engineering for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Apex Engineering.
(2)
Trademarks
LIST TRADEMARKS LOGOS HERE Products and company trademarks,
servicemarks, and names mentioned in the Site may be the trademarks of
their respective owners.
(3)
Use of the Site
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. Apex Engineering PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
Apex Engineering SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Apex Engineering DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
(4)
Limitation of Liability
IN NO EVENT WILL Apex Engineering BE LIABLE FOR (1) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF Apex Engineering OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Apex
Engineerings LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW. Apex Engineering makes no representations whatsoever about any
other web site which you may access through this one or which may link
to this Site. When you access a non-Apex Engineering Web site, please
understand that it is independent from Apex Engineering, and that Apex
Engineering has no control over the content on that Web site. In
addition, a link to an Apex Engineering Web site does not mean that
Apex Engineering endorses or accepts any responsibility for the
content, or the use, of such Web site.
(5)
Indemnification
You agree to indemnify, defend and hold harmless Apex Engineering, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the
Service.
(6)
Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Apex Engineering and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
(7)
Term; Termination
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
(8)
Privacy
The security of your information is very important to us. We never sell
or rent your personal information to any third parties under any
circumstances. We value your trust very highly, and will work to
protect the security and privacy of any personal information you
provide to us. We want you to feel completely secure when ordering from
apexengineering.com. We use a technology called Secure Socket Layer
(SSL), which encrypts (or encodes) sensitive information before it is
sent over the Internet.
(a) Notice:
This notice applies to all information collected or submitted on the
Apex Engineering website. On some pages, you can order products, make
requests, and register to receive materials. The types of personal
information collected at these pages are: Name, address, email address,
phone number, credit/debit card information, commercial or residential
shipping address and shipping method. On some pages, you can submit
information about other people. For example, if you order a gift online
and want it sent directly to the recipient, you will need to submit the
recipient s address. In this circumstance, the types of personal
information collected are name, address, phone number and commercial or
residential. If you are having your order shipped to a different
address other than your billing address, the shipping address
information must be added to your billing information with your credit
card bank and be verified by ORW before shipping.
(b) Choice:
We use the information you provide about someone
else when placing an order only to ship the product and to confirm
delivery. We do not share this information with outside parties except
to the extent necessary to complete that order. We offer gift
certificates by which you can personalize a product you order for
another person. Information you provide to us to create a gift
certificate is only used for that purpose, and it is only disclosed to
the person receiving the gift. We use return email addresses to answer
the email we receive. Such addresses are not used for any other purpose
and are not shared with outside parties. You can register with our
website if you would like to receive our catalog as well as updates on
our new products and services. Information you submit on our website
will not be used for this purpose unless you fill out the registration
form. We use non-identifying and aggregate information to better design
our website and to share with advertisers. Finally, we never use or
share the personally identifiable information provided to us online in
ways unrelated to the ones described above without also providing you
an opportunity to opt-out or otherwise prohibit such unrelated uses.
(c) Access:
You can access all your personally identifiable information that we
collect online and maintain by phone at 858.751.0710, or by email at
info@apexengineering.com. We use this procedure to better safeguard
your information. You can correct factual errors in your personally
identifiable information by sending us a request that credibly shows
error. To protect your privacy and security, we will also take
reasonable steps to verify your identity before granting access or
making corrections.
(9)
Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of the State of California applicable to agreements made and
to be performed in California. You agree that any legal action or
proceeding between Apex Engineering and you for any purpose concerning
this Agreement or the parties obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in California. Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is
barred. Apex Engineering s failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of this Agreement. Apex Engineering may assign its rights and
duties under this Agreement to any party at any time without notice to
you. Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE. Copyright 2004 Apex Engineering, 7950 Ronson Rd, San Diego, California, 92111. All rights reserved.
