Terms And Conditions

LLC DBA Apex Marketing Agency

20551 North Pima Road Suite 200, Scottsdale, AZ 85255

Effective Date: 2/25/2025

This Terms of Use Agreement sets forth the standards of use of the ApexMarketingAgency.biz Online Service for providing marketing and sales solutions. By using the ApexMarketingAgency.biz website you (the “Customer”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at ApexMarketingAgency.biz website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Disclaimer of Warranties:

The site is provided by ApexMarketingAgency.biz on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, ApexMarketingAgency.biz makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. ApexMarketingAgency.biz shall have no liability for any interruptions in the use of this Website. ApexMarketingAgency.biz disclaims all warranties concerning the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability:

APEXMARKETINGAGENCY.BIZ SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR APEXMARKETINGAGENCY.BIZ SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF APEXMARKETINGAGENCY.BIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification:

Customer agrees to indemnify and hold ApexMarketingAgency.biz, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Customer’s use of the Service, the violation of this Agreement, or infringement by Customer, or other user of the Service using Customer’s computer, of any intellectual property or any other right of any person or entity.

Customer’s Account:

All Customers of the Service shall receive a password and an account. Customers are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Customer agrees to notify ApexMarketingAgency.biz of any unauthorized use of Customer’s account or any other breach of security known or should be known to the Customer. Customer’s right to use the Service is personal to the Customer. Customer agrees not to resell or make any commercial use of the Service without the express written consent of ApexMarketingAgency.biz.

Modifications and Interruption to Service:

ApexMarketingAgency.biz reserves the right to modify or discontinue the Service with or without notice to the Customer. ApexMarketingAgency.biz shall not be liable to Customer or any third party should ApexMarketingAgency.biz exercise its right to modify or discontinue the Service. Customer acknowledges and accepts that ApexMarketingAgency.biz does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites:

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Customers to review said privacy policies of third-parties’ sites.

Governing Jurisdiction of the Courts South Carolina:

Our website is operated and provided in the State of South Carolina. As such, we are subject to the laws of the State of South Carolina, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of South Carolina.

Compliance with Laws:

Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Other Terms:

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by ApexMarketingAgency.biz, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Customer. Customer agrees that by accepting this Terms of Use Agreement, Customer is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.