ApexChat GENERAL TERMS OF SERVICE
Welcome to the ApexChat.com, owned and produced by VendorMax, Inc. and
its subsidiary and affiliate corporations, successors, and assigns (collectively
referred to as "ApexChat"). By registering to be a member of ApexChat and to use
any ApexChat Service, you are agreeing to the following Terms of Service. In addition,
there are a variety of special Products and Services offered through ApexChat that
have separate registration procedures and separate terms and conditions, terms of
service, user agreements, or similar legal agreement. When you are using any ApexChat
service or product that does not have a separate legal agreement, the Terms of Service
set forth here will apply. Additionally, even if another ApexChat service
or product has separate terms and conditions, terms of service, user agreement,
or similar legal agreement, these Terms and conditions will also apply to the use
of that service or product. ApexChat also may supplement the Terms of Service with
additional posted guidelines or rules. These Terms of Service may be amended from
time to time without any notice to yourself. You can view the most current version
of the Terms of Service at any time by visiting:
http://www.ApexChat.com/PrivacyPolicy.aspx
Please review these Terms of Service from time to time so you will be apprised of
any changes.
ApexChat may also use a third party service to monitor users' individual browsing
sessions.
ApexChat may also offer other services from time to time that may be governed by
the terms of service of the respective service partners.
Because the Terms of Service contain legal obligations, please read them carefully.
Failure to comply will result in account termination and will subject you to further
legal liability.
- Description of the Products and Services.
ApexChat entitles users to access to a variety of on-line resources, including personal
web page hosting services and interactive on-line services (the "Products and Services").
Some of the Products and Services are supported by advertising, enabling ApexChat
to provide them to you at no cost. When you use these free services, you agree to
allow ApexChat to display advertising, including third party advertising, through
the Products and Services. ApexChat reserves the right to modify the Products and
Services from time to time, for any reason, and without notice, including the right
to terminate the Products and Services or to change the nature, style, or form of
advertisements displayed through the Products and Services. Unless explicitly stated
otherwise, any new Products and Services, including changes, updates and new versions
of the Products and Services, shall be subject to the Terms of Service.
- Acceptance.
By using the Products and Services, you agree, without limitation or qualification,
to be bound by, and to comply with, these Terms of Service as they may be amended
from time to time, together with any other posted guidelines or rules applicable
to any specific Product or Service.
- Your Registration Obligations.
Certain of the Products and Services will require the user to register and provide
certain data. In consideration of use of the Products and Services, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted
by the relevant registration form (the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete,
or ApexChat has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, ApexChat has the right to suspend or terminate your account
and refuse any and all current or future use of the Products and Services (or any
portion thereof).
- Responsibility For Minors.
In cases where you have authorized a minor to use the Products and Services, you
recognize that you are fully responsible for: (i) the online conduct of such minor;
(ii) controlling the minor's access to and use of the Products and Services; and
(iii) the consequences of any misuse by the minor.
- Responsibility for Username and Password.
Upon registering, you will receive a password and username. You are responsible
for maintaining the confidentiality of the password and username, and are fully
responsible for all activities that occur under your password or username. You agree
to (a) immediately notify ApexChat of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. ApexChat cannot and will not be liable for any loss
or damage arising from your failure to comply with this requirement.
- Responsibility for Content.
You acknowledge and agree that all information, code, data, text, software, music,
sound, photographs, pictures, graphics, video, chat, messages, files, or other materials
("Content"), whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you, and not ApexChat,
are entirely responsible for all Content that you upload, post, email or otherwise
transmit via the Products and Services. ApexChat does not control user or third
party Content posted via the Products and Services, and, as such, does not guarantee
the accuracy, integrity or quality of such user or third party Content. Under no
circumstances will ApexChat be liable in any way for any user or third party Content,
including, but not limited to, for any errors or omissions in any such Content,
or for any loss or damage of any kind incurred as a result of the use of any such
Content posted, emailed or otherwise transmitted via the Products and Services.
ApexChat does not, as a general practice, pre-screen user or third party Content
posted on the Products and Services, although ApexChat reserves the right to do
so.
- Disclaimer of Warranty.
ApexChat Web Services Inc. disclaims all warranties or representations, express
or implied, oral or written, including, without limitation, warranties of merchantability,
fitness for a particular purpose, title or non-infringement. ApexChat Web Services
Inc. does not warrant that its services are error-free or that they will operate
without interruption nor does ApexChat Web Services Inc. make any warranty with
respect to the quality, reliability, timeliness or security of the Products and
Services (including the existence or non-existence of any viruses or other destructive
elements within the Products and Services). ApexChat makes no guarantee as to the
availability of Products and Services and is not responsible for any loss of information
resulting from deletion of Products and Services, network or system outages, file
corruption, or any other reasons.
- News Service.
In addition to any other provisions contained in these terms of service, the following
limitations and conditions shall apply to your use of our News Service and any portion,
element, file, article or other data from the News Service (collectively referred
to as the "News Service"). ApexChat has entered into agreements with one or more
third party news providers ("News Provider(s)") to provide the News Service. Your
use of the News Service must comply with the requirements of the News Providers
as detailed below:
(a) You may use the News Service for news, editorial, and informational purposes
only, as such you shall only have the right to display the News Service on your
website, and in no other medium whatsoever,. You may not edit, abridge, rewrite,
or in any way alter the content of the News Service except with the prior written
consent of ApexChat and News Provider. If ApexChat or News Provider alters or revises
the content of the News Service in any way, you shall remove the earlier version
of the Product from your system, and use the revised version, as soon as you receive
the revised version or as soon as you are instructed by ApexChat or News Provider
to remove the earlier version, whichever is earlier.
(b) You shall neither use, nor permit the use of the News Service, in any
way that compromises the integrity thereof or which infringes any copyrights, trademark
rights, or proprietary interests. You shall not remove News Provider copyright and
credit lines from the News Service, nor take any action that would compromise any
of ApexChat's or News Provider's rights in the News Service.
(c) You acknowledge that all intellectual property rights, trademarks, logos,
copyrights and trade secret rights, tangible and intangible, in the News Service,
other than data in the public domain, belong to ApexChat and/or News Provider. You
agree to cooperate with ApexChat and/or News Provider in protecting their copyright
in the News Service.
(d) You shall not distribute or in any way make available the News Service
to newspapers, radio, or television stations, wire services, periodicals, news agencies,
on-line services, or any party whose intent is to resell, redistribute, or republish
all or any elements of the News Service. You shall stop any distributions to the
unauthorized entities, mentioned above in this sub-section, immediately after such
unauthorized use becomes reasonably known. You shall make a reasonable effort to
know whether the above-mentioned entities are using the News Service without authorization.
(e) You shall not separate any portion of the News Service from the original
edition in which it was published, in order to republish product separately or in
connection with a work other than the work in which it was first published.
(f) You are prohibited from undertaking any of the following actions: (i)
licensing or selling any part of the News Service to any third party, (ii) making
and retaining file copies of the News Service, other than for internal business
use, (iii) editing, rewriting, or altering any part of the News Service in any way
whatsoever, and (iv) assigning your agreement with ApexChat for any reason, to anyone,
including but not limited to any parent, affiliated, or subsidiary organization,
except with prior written permission from ApexChat and News Provider.
(g) You agree to comply and cooperate with any request by ApexChat or News
Provider to remove or cease use of the News service, or any portion thereof, from
the Distributor's database, software and/or host system.
- Account Termination.
Use of the Products and Services is subject to compliance with these Terms of Service.
You acknowledge and agree that ApexChat may terminate your account and your access
to any of the Products and Services, and may remove and discard any Content, without
prior notice, should you fail to comply with the Terms of Service or any other guidelines
and rules published by ApexChat. Any such termination shall be in ApexChat's sole
discretion and may occur without any notice. ApexChat further reserves the right
to terminate any user's account or access to the Products and Services for any conduct
that ApexChat, in its sole discretion, believes is or may be directly or indirectly
harmful to other users, to ApexChat or its subsidiaries, affiliates, or business
contractors, or to other third parties, or for any conduct that violates any local,
state, federal, or foreign laws or regulations. ApexChat further reserves the right
to terminate any user's account if there is no evident activity for a period of
90 days. ApexChat further reserves the right to terminate any user's account and
access to the Products and Services, and to remove and discard any Content, for
any reason or for no reason at all, in ApexChat's sole discretion, without prior
notice, or any notice.
In the event ApexChat terminates a user's account for violating the Terms of Service,
or for inactivity, and that user is a paid member of ApexChat, that user's payment
is not refundable.
- Service and Member Account Upkeep.
As the Registered Owners of our services, ApexChat members are required to maintain
their Registered Services and keep them within the guidelines set forth here in
the Terms of Service. Failure to do so will result in Account Termination, at ApexChat's
sole discretion.
- Member Email lists.
(a) Members Update and Special Offers mailing lists
By registering a ApexChat account, you agree to subscribe to our Members Update
and Special Offers mailing lists. You may unsubscribe from these lists by contacting
us http://www.apexchat.com/ContactUs.aspx
- Cookies.
Use of the Products and Services requires that you accept all cookies in order to
activate special Web features and security mechanisms, and to enhance Web site performance.
While your browser may allow you to "reject" cookies, the Products and Services
may require that you accept all cookies in order for its features and security mechanisms
to function fully. Deleting, removing or preventing ApexChat cookies from being
properly written to your computer may result in adverse affects on your use of the
Products and Services. A "cookie" is an electronic note created by a web site and
stored on your computer. By using the Products and Services, you authorize
ApexChat's use of cookies.
- Limitation of Warranty.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE
FULLEST EXTENT PERMITTED BY LAW, ApexChat DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST
EXTENT PERMITTED BY LAW, ApexChat DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION
OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED
IN THE PRODUCTS AND SERVICES. ApexChat SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT
PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH
THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ApexChat DISCLAIMS ANY AND ALL RESPONSIBILITY
OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR
OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES.
ApexChat DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY,
OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. ApexChat DISCLAIMS ANY RESPONSIBILITY
OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION
OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR
HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. ApexChat
MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY PRODUCTS AND
SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions,
the foregoing disclaimers may not apply to you insofar as they relate to implied
warranties.
- Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL ApexChat OR
ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE
PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ApexChat OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL
APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS
AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE DELETION OF CONTENT
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS
AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL
APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES
OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY
WAY TO the PRODUCTS AND SERVICES OR TO ApexChat. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS
TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB
PAGES OR OTHER CONTENT. WITH RESPECT TO PAID ApexChat MEMBERS, ApexChat'S ENTIRE
LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT
FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL ApexChat OR ITS LICENSORS BE HELD LIABLE
FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS
OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES,
OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS,
INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS,
STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR
FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS
IN HEAT, LIGHT, OR AIR CONDITIONING.
UNDER NO CIRCUMSTANCES WILL ApexChat BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF
CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR
PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC
PAYMENTS IN A TIMELY FASHION.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions,
the foregoing limitation may not apply to you.
- Indemnification.
By using the Products and Services you agree to indemnify ApexChat and its officers,
employees, and licensors and hold them harmless from any and all claims and expenses,
including attorney's fees, arising from your use of the Products and Services, or
from any person's use of any account or password you maintain with any of the Products
and Services, regardless of whether such use is authorized by you. By using the
Products and Services, you are hereby agreeing to release ApexChat and its officers,
employees, and licensors from any and all claims, demands, debts, obligations, damages
(actual or consequential), costs, and expenses of any kind or nature whatsoever,
whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that
you may have against them arising out of or in any way related to such disputes
and/or to the Products and Services. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT
MAY LIMIT THE EFFICACY OF SUCH RELEASES.
- Governing Law.
This agreement shall be deemed to have been made in the Alameda County, State of
California, USA and the validity, construction, interpretation and enforcement hereof and
the rights of the parties hereto shall be determined under, governed by, and construed
in accordance with the internal laws of the State of California without
regard to the principles of conflicts of laws. Each party is specifically prohibited
from bringing any action arising from or related to this agreement other than in
the State of California unless the said action is for the purpose of enforcing
a Judgment already obtained in the State of California.
- ApexChat Network Security
Violations of system or network security are prohibited and may result in criminal
and civil liability. Examples include but are not limited to the following: unauthorized
access, use, probing, or scanning of systems security or authentication measures,
data, or traffic; interference with service to any user, host, or network including,
without limitation, mail bombing, flooding, deliberate attempts to overload a system,
broadcast attacks; forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting.
- Purchase Policy.
10 Day Trial Period:If you are purchasing one of our various Web Tools we will accept VISA and Mastercard
payments and payments made through the PayPal service. Your service(s) will be automatically
activated within your account when purchasing using these methods.
We also accept International Money Orders and Checks made out to ApexChat Web Services,
in US Dollars only. Services purchased through these 2 methods will be activated
in your member account once payment has been received and successfully processed.
Please Note: The category above does NOT include Web Hosting payments.
Hosting and Domains Payments:
If you are purchasing one of our Web Site Hosting or Domain services, we will accept
VISA and Mastercard payments and payments made through the PayPal service. Your
service(s) will be automatically activated within your account when purchasing using
these methods.
IMPORTANT NOTE: All prices quoted on the ApexChat
web site are in US dollars.
- Refund Policies
Refund during Trial Period:
We do not provide refunds for Domain Registrations, since Domains cannot be unregistered.
Domain transfer fees are non-refundable.
Website Templates Gallery:
The Templates contained in the Website Templates Gallery service are deemed to be
commercial software, thus no refunds can be made to those purchasing this service,
since the product is digital in nature and cannot be physically returned to ApexChat.
All purchases of this service are final and non-refundable.
Partial refunds may result in an administration fee.
UNDER NO CIRCUMSTANCES WILL ApexChat BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF
CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR
PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC
PAYMENTS IN A TIMELY FASHION.
ApexChat reserves the right to amend or change these Rules and Regulations at any
time and without prior notice.
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