Revisions to this Agreement may be made at any time by Apex Energetics, Inc. (“Apex Energetics”, “we”, or “us”) and shall take effect on the date they are published to this Site, so you should review this Agreement each time you use this Site. The last revision to this Agreement was in January 2023.
1. USE OF THE SITE
The Site is made available for informational purposes only without representation or warranty of any kind and is not a substitute for legal advice, medical advice, or your professional judgment. Your reliance upon the content obtained by you on the Site is solely at your own risk. Changes may be made at any time to the information, names, text, software, images, pictures, logos, trademarks, functionalities, products and services, and any other material displayed on, offered through, or contained on this Site.
- Personal Use Only: The Site is for your own personal use. You agree you will not change in any way our copyright, proprietary or other notices on the content.
- DMCA Compliance: You agree to abide by the terms of the Digital Millennium Copyright Act (DMCA) and refrain from the following: (a) circumventing our access control measures to copyrighted works; (b) posting or otherwise offering circumvention technology through our Site; (c) posting links or references to an online location that contains circumvention technology; or (d) engaging in other activities in violation of the DMCA.
- Your Termination Right: You may terminate this Agreement by providing us with written notice of your termination and/or ceasing to use or access the Site. Termination is your sole right and exclusive remedy if you are not satisfied with the Site. Upon the effective date of any such termination, Your right to access and use the Site shall immediately cease.
2. ACCESS TO THE SITE
- Registration: Certain portions of this Site require registration. By providing us with the registration data requested, you agree to the following: (a) you are 18 years or older and can enter into a binding contract; (b) the information you provide is true, accurate, current, and complete; and (c) you will maintain and promptly update your registration data to keep it accurate. If we believe you have not complied with the above, we may, in our sole discretion, suspend or terminate your access to the Site.
- IDs/Passwords: You agree that you will not share your ID or password with anyone else. You are solely responsible for maintaining the strict confidentiality of your User ID and password, and for any charges, damages, liabilities, or losses incurred or suffered as a result of your failure to do so. You should immediately notify us at email@example.com if you become aware of any unauthorized use of your User ID/password or other need to deactivate a User ID/password due to security concerns.
- Control of the Site: Apex Energetics, Inc. owns apexenergetics.com.
- Intellectual Property: Intellectual property includes all material you can see, hear, or type/post on this Site as well as the underlying codes, layouts, and data for the Site. As between you and us, we own or have licensed all intellectual property we post on this Site (we may have third party content which we use with permission on this Site). You have no rights to the Site’s intellectual property that you did not create and agree that you will not copy, retransmit, reproduce, publish, or otherwise create derivative works of such intellectual property without express prior written permission from us. All rights not expressly granted in this Agreement are reserved to us.
4. THIRD PARTY CONTENT
- Your Content: Should you type/post anything to this Site, you agree:
- That you are either the original author or licensee and have provided us with a non-exclusive, worldwide, irrevocable, royalty-free, unlimited (in every way possible) license to such content (including the right to edit it or create derivative works). You further agree that your typing/posting is solely for lawful purposes and in compliance with all applicable laws.
- That you are solely responsible for the consequences of your submission and that you are not infringing or violating any third parties’ rights, including intellectual property, tortious, or contractual rights.
- Posting Rules: Should you choose to type/post anything to this Site, you agree to abide by the following rules:
- You will not make any content available that violates any laws or regulations or contractual arrangements.
- You will act professionally and avoid posting inflammatory or damaging content.
- You will not make any content available that violates any laws or regulations or contractual arrangements.
- You will disclose any business relationship you have in the nutrition field, whether with us or with third parties.
- You will not use this Site for commercial or charitable solicitations.
- You will not collect or store personal data about other users.
- Third Party Content: We may, from time to time, provide access to third party content posted by other users or by us, including links to third-party web sites; however, such access does not act as an endorsement of such material, products, services, or information. Any information, data, opinions, recommendations, products, or services provided by such third parties through links to other websites or otherwise made available through their web sites are solely those of such third parties, and not of Apex Energetics. Your use of such third party web sites is subject to the terms and conditions and privacy polices of such web sites. We do not represent, warrant, or guarantee the truthfulness, accuracy, quality, or reliability of any third party content on our Site. You agree that you must evaluate and bear all risks associated with third party content, and you will not hold us responsible (including seeking damages, money, or other legal relief) in any way for third party content.
- Right to Remove: Apex Energetics may, in its sole discretion, change or remove any user content for any reason. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities.
5. OUR RIGHT TO TERMINATE OR BLOCK ACCESS
We reserve the right to terminate, block or restrict your access to or use of the Site for any reason, including without limitation suspected breach or violation of any term(s) of this Agreement, in our sole discretion without notice or liability to you. Our actions regarding limiting your access rights will not limit any other rights or remedies which are available to us.
6. DMCA NOTICE-AND-TAKEDOWN PROVISIONS
- Copyright Compliance: Just as we ask that you respect our rights, we respect others’ rights. If you believe that any of your work has been used on this Site in a way that may infringe your intellectual property rights, contact our copyright agent (Armen Simonian) who can be reached at DMCANotice@apexenergetics.com with the following information: (a) the owner's name, address, telephone number, email address and an electronic or physical signature; (b) a description and a copy of the work that is allegedly being infringed, or a website where the work may be found; (c) identification of the location of the infringing material on the Site; (d) a statement that the owner has a good faith belief that the use of the copyrighted material was not authorized by the owner or his/her authorized agent; and (e) a statement, under penalty of perjury, that the information in the notification is accurate and made by the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf. Upon receiving the proper notification, we will remove, or disable access to, the allegedly infringed material from the Site.
- Ramifications: In our sole discretion, we may also prevent you, temporarily or permanently, from typing/posting content to our Site should your use of our Site result in any DMCA notice being sent to us.
7. CAN-SPAM ACT COMPLIANCE
You agree to abide by the CAN-SPAM Act (15 U.S.C. §§7701-13) when utilizing the Site or contacting other users by email. We will not be liable for damages of any kind resulting from your failure to adhere to the CAN-SPAM Act or any other applicable laws. Further, you agree to indemnify us pursuant to this Agreement’s indemnification provision in the event an action arises under the CAN-SPAM Act.
8. LINKING TO OUR SITE
If you would like to link to our Site, please contact us at firstname.lastname@example.org for permission. For a more speedy response, please type “Linking Request” as your subject and be sure to provide us with the exact URL and title of content you wish to link to as well as where you wish to post the link.
9. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANYTHING ON THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS ON THE SITE, OR ANY KIND OF LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF SITE REGARDLESS OF HOW USED. WE DO NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY WEBSITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Apex Energetics and its respective directors, officers, employees, agents, or other representatives from and against all claims, liability, losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees and other costs) related to any claim or action based upon (a) your breach of this Agreement; or (b) your use, or another’s use with your ID, of this Site. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, upon notice to you, to mount our own defense, and seek full compensation for such defense under this indemnification provision.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION , NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBITY OF SUCH DAMAGES.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND, OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
12. GOVERNING LAW/JURISDICTION/TIME BAR
- Governing Law/Jurisdiction: The parties consent to the jurisdiction of the courts in Orange County, California and waive any jurisdictional or venue defenses otherwise available. All disputes shall be governed by California law, without reference to any conflicts of law principles, and shall be resolved in the Orange County, California courts. The parties expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, replaced or re-enacted from time to time.
- Time Bar/Statute of Limitations: You agree that regardless of any applicable law providing for a statute of limitations to the contrary, any claim/cause of action arising out of or related to this Site or Agreement must be filed within one (1) year after the claim/cause of action arose or will be forever barred.
13. ADDITIONAL LEGAL PROVISIONS
- No Unintentional Waiver: No failure on the part of Apex Energetics to enforce any part of this Agreement shall constitute a waiver of any of Apex Energetics’ rights under this Agreement. All waivers by Apex Energetics must be in writing and signed. No waiver of any default shall be deemed as a waiver of prior or subsequent default of any provision of this Agreement.
- Severability: If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of the rest of the Agreement and such invalid provision shall be deemed to be severed from the Agreement. This Agreement constitutes the entire agreement between you and Apex Energetics with respect to your use of this Site and supersedes all previous agreements, understandings and representations relating thereto.
- Survivability: Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights, and licensing provisions set forth in this Agreement.
- Assignability: You may not assign this Agreement, in whole or in part, without the prior written consent of Apex Energetics. Any such purported assignment or delegation by you without the prior written consent of Apex Energetics will be null and void and of no force and effect. Apex Energetics may assign this Agreement or any rights hereunder without your consent and without notice.