Website Terms of Use
1. Terms
Thank you for visiting the website of Apex Settlement Group LLC (“Apex”). By accessing this website (the “Site”), you agree to be bound by the following terms of use of the Site (“Terms of Use”) and agree that you are responsible for complying with any applicable local laws. If you disagree with any of these Terms of Use, you are prohibited from accessing the Site. Apex reserves the right to modify these Terms of Use without notice, and each use of the Site constitutes your acceptance to be bound by the terms set forth in the Terms of Use as modified at the time of such use.
2. Use License; Prohibited Uses
The information and materials displayed on the Site (“Content”) is the subject of intellectual property protection, including but not limited to trademarks, service marks, trade names, and copyrights owned by Apex or by third parties.
Apex grants you a limited, revocable, nonexclusive, and nontransferable right to temporarily download one copy of the Content for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- copy large portions of the Site (such as by bots, robots, or spiders that “harvest” the Site), interfere with the functioning of the Site or restrict or inhibit any others from using the Site;
- modify or copy the Content;
- use the Content for any commercial purpose, for any public display or post it on another website;
- decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of the Site including its software;
- violate the security of this Site or use or gain access to the identities, information, or computers of others through this Site;
- transmit any virus, worm, or similar disabling code or system interference through this Site;
- remove or obscure any copyright or other proprietary notices or legends from the Content;
- violate any law, regulation, or rule, or the intellectual property or contractual rights of others;
- link other websites to this Site; or
- transfer the Content to another person, “mirror” the Content on any other server or display this Site as “framed” within another website.
Violations of any of the foregoing use restrictions will result in the immediate termination of your account and viewing rights. Upon such termination you should destroy any downloaded Content in your possession whether it is in printed or electronic format.
Apex has the right (but not the obligation) to monitor and record activity on this Site, as Apex deems appropriate, for any reason or no reason, and to take all appropriate actions in response to any unauthorized or objectionable conduct, with or without notice to you. Apex may investigate any complaint or reported violation of its policies. Apex may report any activity it suspects may violate any law or regulation to regulators, law enforcement officials, or other persons or entities as it deems appropriate. Apex may issue warnings, suspend, or terminate use of the Site, deny access to all or part of the Site, or take any other action it deems appropriate.
3. Copyright Infringement Complaints and Notification Procedures
If you believe that any of this Site’s Content violates your or a third party’s copyright, please notify us at info@apexlifesettlements.com by providing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on this Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
4. Disclaimers
Apex, including its partners, employees, affiliates, suppliers and agents (collectively, “Related Persons”), make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability, or other characteristics of the Content presented on the Site. Such information or materials are provided “as is” and “as available” and, to the fullest extent permissible pursuant to applicable law, Apex does not warrant that the Content on this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful components. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Site or made via the Site may not be secure.
No Content should be construed or relied upon as investment, legal, accounting, tax, insurance or other professional advice. Apex will not treat users of the Site as partners, clients or customers by virtue of their accessing the Site.
The Site may contain forward-looking statements, which reflect Apex’s current views with respect to, among other things, Apex’s operations and performance. You can identify these forward-looking statements by the use of words such as “anticipate,” “approximately,” “believe,” “continue,” “estimate,” “expect,” “intend,” “may,” “outlook,” “plan,” “potential,” “predict,” “seek,” “should,” or “will,” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Apex undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments, or otherwise.
All materials on this Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures, or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
5. Limitation of Liability
APEX’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL APEX OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE), OR DISTRIBUTION OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF APEX OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.
6. Revisions and Errata
The Content may include technical, typographical, or photographic errors. Apex does not promise that any of the Content is accurate, complete, or current. Apex may change the Content at any time without notice. Apex does not make any commitment to update or correct the Content for any reason.
7. Links
Apex does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites. Accordingly, Apex cannot be held responsible for the information, materials, products, or services obtained on or from such other websites, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an affiliation with or endorsement, sponsorship, representation, or warranty by Apex with respect to any such linked websites or the content, products, or services contained or accessible through such websites or their operators. Apex disclaims responsibility for the privacy policies and customer information practices of third-party Internet websites linked to or from the Site. Your following links from or to such websites is at your sole risk.
8. Passwords
If Apex provides you with a password, you must keep your password and certain Content confidential. You are solely responsible for maintaining the confidentiality and security of your password. You accept full responsibility for any use of your password. You must notify us immediately of any actual or suspected loss, theft, or unauthorized use of your password. You may not disclose any Content that is contained within any password-protected portion of this Site to any third party, except to your financial, legal, or tax advisors, and others with whom you share investment decisions. Apex is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Apex will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
10. Your Privacy
Please read our Privacy Policy.
11. Applicable Law, Jurisdiction, and Arbitration
These Terms of Use shall be governed by the laws of the State of New York, without regard to its choice of law rules. Notwithstanding the foregoing, any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators as provided herein.
YOU AGREE TO RESOLVE BY ARBITRATION ANY CONTROVERSY ARISING BETWEEN YOU AND APEX AND/OR ANY OF OUR RESPECTIVE CONTROL PERSONS, PREDECESSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND EMPLOYEES.
With respect to the resolution of any such controversy, you further acknowledge that:
- Arbitration is final and binding on the parties.
- The parties are waiving their right to seek remedies in court, including the right to jury trial.
- Pre-arbitration discovery is generally more limited than and different from court proceedings.
- The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
Any arbitration under this Terms of Use shall be conducted in New York, NY before a panel of three (3) arbitrators pursuant to the Commercial Arbitration Rules of the American Arbitration Association, except to the extent that such rules are modified by this Terms of Use. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate.
No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated a putative class action in court or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: the class certification is denied; the class is decertified; or the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Terms of Use except to the extent stated herein.
General
Apex may assign the Terms of Use in whole or in part at any time without your consent. You may not assign the Terms of Use or delegate any of your obligations under the Terms of Use, and any purported assignment of the Terms of Use in violation of the Terms of Use is void. The Terms of Use constitute the entire understanding, and supersedes all other understandings, between you and Apex concerning the subject matter hereof.
If you have any questions about this Terms of Use, please contact info@apexlifesettlements.com.
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