1. AGREEMENT TO TERMS
The Information Provided On The Site Is Not Intended For Distribution To Or Use By Any Person Or Entity In Any Jurisdiction Or Country Where Such Distribution Or Use Would Be Contrary To Law Or Regulation Or Which Would Subject Us To Any Registration Requirement Within Such Jurisdiction Or Country. Accordingly, Those Persons Who Choose To Access The Site From Other Locations Do So On Their Own Initiative And Are Solely Responsible For Compliance With Local Laws, If And To The Extent Local Laws Are Applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Provided That You Are Eligible To Use The Site, You Are Granted A Limited License To Access And Use The Site And To Download Or Print A Copy Of Any Portion Of The Content To Which You Have Properly Gained Access Solely For Your Personal, Non-Commercial Use. We Reserve All Rights Not Expressly Granted To You In And To The Site, The Content And The Marks.
3. PLACING AN ORDER & ACCEPTANCE
Once You Place An Order, You’ll Get An Email From Us Acknowledging That It Has Been Received By Us, However Please Be Aware That This Doesn’t Imply Your Order Was Approved. The Contract Will Link To Those Goods And Services. If Your Purchase Can Not Be Accepted By Us. We’ll Notify You If We’re Not Able To Supply All The Products For Any Reason To You And We Won’t Process Your Purchase. We’ll Refund You The Complete Amount Including Any Delivery Costs In Case You’ve Already Paid For Your Products. Setting Your Purchase. You Can Submit An Arrangement With The Procedure. Each Purchase Is An Offer By You To Get The Merchandise (Goods) Or The Professional Services ( Services) (Jointly, Products) Given In The Order Subject To These Terms. Our Order Process Permits You To Assess And Fix Any Mistakes Before Submitting Your Purchase. Before Confirming It, Please Check The Sequence. You’re Responsible For Making Sure That Your Purchase Is True And Complete.
4. USER REPRESENTATIONS
By Using The Site, You Represent And Warrant That:
(1) All Registration Information You Submit Will Be True, Accurate, Current, And Complete;
(2) You Will Maintain The Accuracy Of Such Information And Promptly Update Such Registration Information As Necessary;
(4) You Are Not Under The Age Of 13;
(5) You Are Not A Minor In The Jurisdiction In Which You Reside, Or If A Minor, You Have Received Parental Permission To Use The Site;
(6) You Will Not Access The Site Through Automated Or Non-Human Means, Whether Through A Bot, Script, Or Otherwise;
(7) You Will Not Use The Site For Any Illegal Or Unauthorized Purpose; And
(8) Your Use Of The Site Will Not Violate Any Applicable Law Or Regulation.
If You Provide Any Information That Is Untrue, Inaccurate, Not Current, Or Incomplete, We Have The Right To Suspend Or Terminate Your Account And Refuse Any And All Current Or Future Use Of The Site (Or Any Portion Thereof).
5. OUR PRODUCTS
You Admit That, If Used, The Products Can Be Harmful. You Acknowledge That You Analyze And Must Get The Setup And Operation Guides And Additional Information To Ensure The Safe Functioning Of The Products. Specifically, We Don’t Warrant Using Those Services Will Be Error-Free Or Uninterrupted. The Products May Differ From Their Images On Our Website. The Packaging Of Your Products Can Differ From That Displayed On Pictures On Our Site. Subject To Our Right To Correct The Specification We’ll Provide You With The Products In Compliance With The Specification For Your Products Looking Respects. We Reserve The Right To Amend The Requirements Of These Products When The Amendment Won’t Materially Alter The Character Or Quality Of The Merchandise Or If Demanded With Any Regulatory Or Legal Requirement, And You Will Be Notified By Us Ahead Of Any Occasion.
6. OUR PRODUCTS WARRANTY
We Provide A Guarantee That On Delivery And For A Period Of 12 Months From Shipping, The Merchandise Will: Conform With Their Description; Be Free From Material Defects In Design, Workmanship And Material In All Material Respects; And Be Of Decent Quality. We’ll Only Be Liable To You For The Products’ Failure. These Conditions Apply To Any Replacement Or Repaired Products Provided By Us. We Will, At Our Option, Repair Or Replace The Products, Or Refund The Purchase Price Of The Products That Are Defective In Full.
7. USER REGISTRATION
You May Be Required To Register With The Site. You Agree To Keep Your Password Confidential And Will Be Responsible For All Use Of Your Account And Password. We Reserve The Right To Remove, Reclaim, Or Change A Username You Select If We Determine, In Our Sole Discretion, That Such Username Is Inappropriate, Obscene, Or Otherwise Objectionable.
8. LIMITATION OF LIABILITIES
NOTWITHSTANDING ANYTHING IN THE END USER AGREEMENT TO THE CONTRARY, THE COMPLETE LIABILITY OF APEXTO TO END USER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY EXCLUSIVE DISTRIBUTOR TO APEXTO WITH RESPECT TO THE SERVICES PROVIDED TO SUCH END USER DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE FIRST CLAIM AROSE. APEXTO SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, SYSTEM DOWNTIME, GOODWILL REGARDLESS OF LEGAL THEORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THE END USER AGREEMENT SHALL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
9. ACTS OF GOD/ FORCE – MAJEURE EVENT
When An Act Of God Or Force Majeure Event Happens Which Affects The Operation Of Our Duties Under The Contract, We’ll Contact You When Reasonably Possible To Inform You Personally; And Our Duties Under The Contract Will Be Frozen And The Time For Performance Of Our Duties Will Be Extended For The Duration Of The Force Majeure Event. After The Force Majeure Event Is Finished, Where Our Shipping Products Influences For You, We’ll Arrange A Delivery Date. You Can Cancel The Contract Influenced By A Force Majeure Event. In The Event You Choose To Cancel, You’ll Need To Return (At Our Cost) Any Applicable Products That You Have Received And We’ll Refund The Purchase Price You’ve Paid, Including Any Shipping Fees.
10. PROHIBITED ACTIVITIES
You May Not Access Or Use The Site For Any Purpose Other Than That For Which We Make The Site Available. The Site May Not Be Used In Connection With Any Commercial Endeavors Except Those That Are Specifically Endorsed Or Approved By Us.
11. AS A USER OF THE SITE, YOU AGREE NOT TO:
1. Use The Site To Advertise Or Offer To Sell Goods And Services.
2. Use Any Information Obtained From The Site In Order To Harass, Abuse, Or Harm Another Person.
3. Decipher, Decompile, Disassemble, Or Reverse Engineer Any Of The Software Comprising Or In Any Way Making Up A Part Of The Site.
4. Attempt To Bypass Any Measures Of The Site Designed To Prevent Or Restrict Access To The Site, Or Any Portion Of The Site.
5. Harass, Annoy, Intimidate, Or Threaten Any Of Our Employees Or Agents Engaged In Providing Any Portion Of The Site To You.
6. Delete The Copyright Or Other Proprietary Rights Notice From Any Content.
8. Upload Or Transmit (Or Attempt To Upload Or To Transmit) Viruses, Trojan Horses, Or Other Material, Including Excessive Use Of Capital Letters And Spamming (Continuous Posting Of Repetitive Text), That Interferes With Any Party’s Uninterrupted Use And Enjoyment Of The Site Or Modifies, Impairs, Disrupts, Alters, Or Interferes With The Use, Features, Functions, Operation, Or Maintenance Of The Site.
9. Upload Or Transmit (Or Attempt To Upload Or To Transmit) Any Material That Acts As A Passive Or Active Information Collection Or Transmission Mechanism, Including Without Limitation, Clear Graphics Interchange Formats (“Gifs”), 1×1 Pixels, Web Bugs, Cookies, Or Other Similar Devices (Sometimes Referred To As “Spyware” Or “Passive Collection Mechanisms” Or “Pcms”).
10. Except As May Be The Result Of Standard Search Engine Or Internet Browser Usage, Use, Launch, Develop, Or Distribute Any Automated System, Including Without Limitation, Any Spider, Robot, Cheat Utility, Scraper, Or Offline Reader That Accesses The Site, Or Using Or Launching Any Unauthorized Script Or Other Software.
11. Use The Site In A Manner Inconsistent With Any Applicable Laws Or Regulations.
12. Disparage, Tarnish, Or Otherwise Harm, In Our Opinion, Us And/Or The Site.
13. Sell Or Otherwise Transfer Your Profile.
14. Use The Site As Part Of Any Effort To Compete With Us Or Otherwise Use The Site And/Or The Content For Any Revenue-Generating Endeavor Or Commercial Enterprise.
15. Attempt To Impersonate Another User Or Person Or Use The Username Of Another User.
16. Interfere With, Disrupt, Or Create An Undue Burden On The Site Or The Networks Or Services Connected To The Site.
17. Make Improper Use Of Our Support Services Or Submit False Reports Of Abuse Or Misconduct.
18. Trick, Defraud, Or Mislead Us And Other Users, Especially In Any Attempt To Learn Sensitive Account Information Such As User Passwords.
19. Engage In Unauthorized Framing Of Or Linking To The Site.
20. Engage In Any Automated Use Of The System, Such As Using Scripts To Send Comments Or Messages, Or Using Any Data Mining, Robots, Or Similar Data Gathering And Extraction Tools.
21. Circumvent, Disable, Or Otherwise Interfere With Security-Related Features Of The Site, Including Features That Prevent Or Restrict The Use Or Copying Of Any Content Or Enforce Limitations On The Use Of The Site And/Or The Content Contained Therein.
22. Use A Buying Agent Or Purchasing Agent To Make Purchases On The Site.
23. Make Any Unauthorized Use Of The Site, Including Collecting Usernames And/Or Email Addresses Of Users By Electronic Or Other Means For The Purpose Of Sending Unsolicited Email, Or Creating User Accounts By Automated Means Or Under False Pretenses.
24. Systematically Retrieve Data Or Other Content From The Site To Create Or Compile, Directly Or Indirectly, A Collection, Compilation, Database, Or Directory Without Written Permission From Us.
12. USER GENERATED CONTRIBUTIONS
The Site May Invite You To Chat, Contribute To, Or Participate In Blogs, Message Boards, Online Forums, And Other Functionality, And May Provide You With The Opportunity To Create, Submit, Post, Display, Transmit, Perform, Publish, Distribute, Or Broadcast Content And Materials To Us Or On The Site, Including But Not Limited To Text, Writings, Video, Audio, Photographs, Graphics, Comments, Suggestions, Or Personal Information Or Other Material (Collectively, “Contributions”). Contributions May Be Viewable By Other Users Of The Site And Through Third-Party Websites. As Such, Any Contributions You Transmit May Be Treated As Non-Confidential And Non-Proprietary. When You Create Or Make Available Any Contributions, You Thereby
Represent And Warrant That:
1. The Creation, Distribution, Transmission, Public Display, Or Performance, And The Accessing, Downloading, Or Copying Of Your Contributions Do Not And Will Not Infringe The Proprietary Rights, Including But Not Limited To The Copyright, Patent, Trademark, Trade Secret, Or Moral Rights Of Any Third Party.
4. Your Contributions Are Not False, Inaccurate, Or Misleading.
5. Your Contributions Are Not Unsolicited Or Unauthorized Advertising, Promotional Materials, Pyramid Schemes, Chain Letters, Spam, Mass Mailings, Or Other Forms Of Solicitation.
6. Your Contributions Are Not Obscene, Lewd, Lascivious, Filthy, Violent, Harassing, Libelous, Slanderous, Or Otherwise Objectionable (As Determined By Us).
7. Your Contributions Do Not Ridicule, Mock, Disparage, Intimidate, Or Abuse Anyone.
8. Your Contributions Do Not Advocate The Violent Overthrow Of Any Government Or Incite, Encourage, Or Threaten Physical Harm Against Another.
9. Your Contributions Do Not Violate Any Applicable Law, Regulation, Or Rule.
10. Your Contributions Do Not Violate The Privacy Or Publicity Rights Of Any Third Party.
11. Your Contributions Do Not Contain Any Material That Solicits Personal Information From Anyone Under The Age Of 18 Or Exploits People Under The Age Of 18 In A Sexual Or Violent Manner.
12. Your Contributions Do Not Violate Any Federal Or State Law Concerning Child Pornography, Or Otherwise Intended To Protect The Health Or Well-Being Of Minors;
13. Your Contributions Do Not Include Any Offensive Comments That Are Connected To Race, National Origin, Gender, Sexual Preference, Or Physical Handicap.
13. CONTRIBUTION LICENSE
By Posting Your Contributions To Any Part Of The Site, You Automatically Grant, And You Represent And Warrant That You Have The Right To Grant, To Us An Unrestricted, Unlimited, Irrevocable, Perpetual, Non-Exclusive, Transferable, Royalty-Free, Fully-Paid, Worldwide Right, And License To Host, Use, Copy, Reproduce, Disclose, Sell, Resell, Publish, Broadcast, Retitle, Archive, Store, Cache, Publicly Perform, Publicly Display, Reformat, Translate, Transmit, Excerpt (In Whole Or In Part), And Distribute Such Contributions (Including, Without Limitation, Your Image And Voice) For Any Purpose, Commercial, Advertising, Or Otherwise, And To Prepare Derivative Works Of, Or Incorporate Into Other Works, Such Contributions, And Grant And Authorize Sublicenses Of The Foregoing. The Use And Distribution May Occur In Any Media Formats And Through Any Media Channels.
This License Will Apply To Any Form, Media, Or Technology Now Known Or Hereafter Developed, And Includes Our Use Of Your Name, Company Name, And Franchise Name, As Applicable, And Any Of The Trademarks, Service Marks, Trade Names, Logos, And Personal And Commercial Images You Provide. You Waive All Moral Rights In Your Contributions, And You Warrant That Moral Rights Have Not Otherwise Been Asserted In Your Contributions.
We Do Not Assert Any Ownership Over Your Contributions. You Retain Full Ownership Of All Of Your Contributions And Any Intellectual Property Rights Or Other Proprietary Rights Associated With Your Contributions. We Are Not Liable For Any Statements Or Representations In Your Contributions Provided By You In Any Area On The Site. You Are Solely Responsible For Your Contributions To The Site And You Expressly Agree To Exonerate Us From Any And All Responsibility And To Refrain From Any Legal Action Against Us Regarding Your Contributions.
We Have The Right, In Our Sole And Absolute Discretion,
(1) To Edit, Redact, Or Otherwise Change Any Contributions;
(2) To Re-Categorize Any Contributions To Place Them In More Appropriate Locations On The Site; And
(3) To Pre-Screen Or Delete Any Contributions At Any Time And For Any Reason, Without Notice. We Have No Obligation To Monitor Your Contributions.
14. GUIDELINES FOR REVIEWS
We May Provide You Areas On The Site To Leave Reviews Or Ratings. When Posting A Review, You Must Comply With The Following Criteria:
(1) You Should Have Firsthand Experience With The Person/Entity Being Reviewed;
(2) Your Reviews Should Not Contain Offensive Profanity, Or Abusive, Racist, Offensive, Or Hate Language;
(3) Your Reviews Should Not Contain Discriminatory References Based On Religion, Race, Gender, National Origin, Age, Marital Status, Sexual Orientation, Or Disability;
(4) Your Reviews Should Not Contain References To Illegal Activity;
(5) You Should Not Be Affiliated With Competitors If Posting Negative Reviews;
(6) You Should Not Make Any Conclusions As To The Legality Of Conduct;
(7) You May Not Post Any False Or Misleading Statements; And
(8) You May Not Organize A Campaign Encouraging Others To Post Reviews, Whether Positive Or Negative.
We May Accept, Reject, Or Remove Reviews In Our Sole Discretion. We Have Absolutely No Obligation To Screen Reviews Or To Delete Reviews, Even If Anyone Considers Reviews Objectionable Or Inaccurate. Reviews Are Not Endorsed By Us, And Do Not Necessarily Represent Our Opinions Or The Views Of Any Of Our Affiliates Or Partners. We Do Not Assume Liability For Any Review Or For Any Claims, Liabilities, Or Losses Resulting From Any Review. By Posting A Review, You Hereby Grant To Us A Perpetual, Non-Exclusive, Worldwide, Royalty-Free, Fully-Paid, Assignable, And Sublicensable Right And License To Reproduce, Modify, Translate, Transmit By Any Means, Display, Perform, And/Or Distribute All Content Relating To Reviews.
15. USE LICENSE
(1) Decompile, Reverse Engineer, Disassemble, Attempt To Derive The Source Code Of, Or Decrypt The Application;
(2) Make Any Modification, Adaptation, Improvement, Enhancement, Translation, Or Derivative Work From The Application;
(3) Violate Any Applicable Laws, Rules, Or Regulations In Connection With Your Access Or Use Of The Application;
(4) Remove, Alter, Or Obscure Any Proprietary Notice (Including Any Notice Of Copyright Or Trademark) Posted By Us Or The Licensors Of The Application;
(5) Use The Application For Any Revenue Generating Endeavor, Commercial Enterprise, Or Other Purpose For Which It Is Not Designed Or Intended;
(6) Make The Application Available Over A Network Or Other Environment Permitting Access Or Use By Multiple Devices Or Users At The Same Time;
(7) Use The Application For Creating A Product, Service, Or Software That Is, Directly Or Indirectly, Competitive With Or In Any Way A Substitute For The Application;
(8) Use The Application To Send Automated Queries To Any Website Or To Send Any Unsolicited Commercial E-Mail; Or
(9) Use Any Proprietary Information Or Any Of Our Interfaces Or Our Other Intellectual Property In The Design, Development, Manufacture, Licensing, Or Distribution Of Any Applications, Accessories, Or Devices For Use With The Application.
16. APPLE AND ANDROID DEVICES
The Following Terms Apply When You Use A Mobile Application Obtained From Either The Apple Store Or Google Play (Each An “App Distributor”) To Access The Site:
(1) The License Granted To You For Our Mobile Application Is Limited To A Non-Transferable License To Use The Application On A Device That Utilizes The Apple Ios Or Android Operating Systems, As Applicable, And In Accordance With The Usage Rules Set Forth In The Applicable App Distributor’s Terms Of Service;
(3) In The Event Of Any Failure Of The Mobile Application To Conform To Any Applicable Warranty, You May Notify The Applicable App Distributor, And The App Distributor, In Accordance With Its Terms And Policies, May Refund The Purchase Price, If Any, Paid For The Mobile Application, And To The Maximum Extent Permitted By Applicable Law, The App Distributor Will Have No Other Warranty Obligation Whatsoever With Respect To The Mobile Application;
(4) You Represent And Warrant That (I) You Are Not Located In A Country That Is Subject To A U.S. Government Embargo, Or That Has Been Designated By The U.S. Government As A “Terrorist Supporting” Country And (Ii) You Are Not Listed On Any U.S. Government List Of Prohibited Or Restricted Parties;
(5) You Must Comply With Applicable Third-Party Terms Of Agreement When Using The Mobile Application, E.G., If You Have A Voip Application, Then You Must Not Be In Violation Of Their Wireless Data Service Agreement When Using The Mobile Application; And
You Acknowledge And Agree That Any Questions, Comments, Suggestions, Ideas, Feedback, Or Other Information Regarding The Site (“Submissions”) Provided By You To Us Are Non-Confidential And Shall Become Our Sole Property. We Shall Own Exclusive Rights, Including All Intellectual Property Rights, And Shall Be Entitled To The Unrestricted Use And Dissemination Of These Submissions For Any Lawful Purpose, Commercial Or Otherwise, Without Acknowledgment Or Compensation To You. You Hereby Waive All Moral Rights To Any Such Submissions, And You Hereby Warrant That Any Such Submissions Are Original With You Or That You Have The Right To Submit Such Submissions. You Agree There Shall Be No Recourse Against Us For Any Alleged Or Actual Infringement Or Misappropriation Of Any Proprietary Right In Your Submissions.
18. THIRD-PARTY WEBSITES AND CONTENT
19. SITE MANAGEMENT
21. COPYRIGHT INFRINGEMENTS
We Respect The Intellectual Property Rights Of Others. If You Believe That Any Material Available On Or Through The Site Infringes Upon Any Copyright You Own Or Control, Please Immediately Notify Us Using The Contact Information Provided Below (A “Notification”). A Copy Of Your Notification Will Be Sent To The Person Who Posted Or Stored The Material Addressed In The Notification. Please Be Advised That Pursuant To Federal Law You May Be Held Liable For Damages If You Make Material Misrepresentations In A Notification. Thus, If You Are Not Sure That Material Located On Or Linked To By The Site Infringes Your Copyright, You Should Consider First Contacting An Attorney.
22. TERM AND TERMINATION
If We Terminate Or Suspend Your Account For Any Reason, You Are Prohibited From Registering And Creating A New Account Under Your Name, A Fake Or Borrowed Name, Or The Name Of Any Third Party, Even If You May Be Acting On Behalf Of The Third Party. In Addition To Terminating Or Suspending Your Account, We Reserve The Right To Take Appropriate Legal Action, Including Without Limitation Pursuing Civil, Criminal, And Injunctive Redress.
23. MODIFICATIONS AND INTERRUPTIONS
We Reserve The Right To Change, Modify, Or Remove The Contents Of The Site At Any Time Or For Any Reason At Our Sole Discretion Without Notice. However, We Have No Obligation To Update Any Information On Our Site. We Also Reserve The Right To Modify Or Discontinue All Or Part Of The Site Without Notice At Any Time. We Will Not Be Liable To You Or Any Third Party For Any Modification, Price Change, Suspension, Or Discontinuance Of The Site.
24. GOVERNING LAW
25. BINDING ARBITRATION
If the parties are unable to resolve the dispute through informal negotiations, such dispute (except for those expressly excluded below) will be finally and exclusively resolved by binding arbitration. Any dispute arising from or in connection with the performance of the Contract shall be submitted to the Shenzhen Court of International Arbitration (the SCIA) for arbitration, according to its order and the Law of its activity.
The Parties Agree That Any Arbitration Shall Be Limited To The Dispute Between The Parties Individually. To The Full Extent Permitted By Law,
(A) No Arbitration Shall Be Joined With Any Other Proceeding;
(B) There Is No Right Or Authority For Any Dispute To Be Arbitrated On A Class-Action Basis Or To Utilize Class Action Procedures; And
(C) There Is No Right Or Authority For Any Dispute To Be Brought In A Purported Representative Capacity On Behalf Of The General Public Or Any Other Persons.
27. EXCEPTIONS TO ARBITRATION
The Parties Agree That The Following Disputes Are Not Subject To The Above Provisions Concerning Binding Arbitration:
(A) Any Disputes Seeking To Enforce Or Protect, Or Concerning The Validity Of, Any Of The Intellectual Property Rights Of A Party;
(B) Any Dispute Related To, Or Arising From, Allegations Of Theft, Piracy, Invasion Of Privacy, Or Unauthorized Use; And
(C) Any Claim For Injunctive Relief.
If This Provision Is Found To Be Illegal Or Unenforceable, Then Neither Party Will Elect To Arbitrate Any Dispute Falling Within That Portion Of This Provision Found To Be Illegal Or Unenforceable And Such Dispute Shall Be Decided By A Court Of Competent Jurisdiction Within The Courts Listed For Jurisdiction Above, And The Parties Agree To Submit To The Personal Jurisdiction Of That Court.
There May Be Information On The Site That Contains Typographical Errors, Inaccuracies, Or Omissions, Including Descriptions, Pricing, Availability, And Various Other Information. We Reserve The Right To Correct Any Errors, Inaccuracies, Or Omissions And To Change Or Update The Information On The Site At Any Time, Without Prior Notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You Agree To Defend, Indemnify, And Hold Us Harmless, Including Our Subsidiaries, Affiliates, And All Of Our Respective Officers, Agents, Partners, And Employees, From And Against Any Loss, Damage, Liability, Claim, Or Demand, Including Reasonable Attorneys’ Fees And Expenses, Made By Any Third Party Due To Or Arising Out Of:
(1) Your Contributions;
(2) Use Of The Site;
(5) Your Violation Of The Rights Of A Third Party, Including But Not Limited To Intellectual Property Rights; Or
(6) Any Overt Harmful Act Toward Any Other User Of The Site With Whom You Connected Via The Site.
Notwithstanding The Foregoing, We Reserve The Right, At Your Expense, To Assume The Exclusive Defense And Control Of Any Matter For Which You Are Required To Indemnify Us, And You Agree To Cooperate, At Your Expense, With Our Defense Of Such Claims. We Will Use Reasonable Efforts To Notify You Of Any Such Claim, Action, Or Proceeding Which Is Subject To This Indemnification Upon Becoming Aware Of It.
31. USER DATA
We Will Maintain Certain Data That You Transmit To The Site For The Purpose Of Managing The Performance Of The Site, As Well As Data Relating To Your Use Of The Site. Although We Perform Regular Routine Backups Of Data, You Are Solely Responsible For All Data That You Transmit Or That Relates To Any Activity You Have Undertaken Using The Site. You Agree That We Shall Have No Liability To You For Any Loss Or Corruption Of Any Such Data, And You Hereby Waive Any Right Of Action Against Us Arising From Any Such Loss Or Corruption Of Such Data.
32. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting The Site, Sending Us Emails, And Completing Online Forms Constitute Electronic Communications. You Consent To Receive Electronic Communications, And You Agree That All Agreements, Notices, Disclosures, And Other Communications We Provide To You Electronically, Via Email And On The Site, Satisfy Any Legal Requirement That Such Communication Be In Writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You Hereby Waive Any Rights Or Requirements Under Any Statutes, Regulations, Rules, Ordinances, Or Other Laws In Any Jurisdiction Which Require An Original Signature Or Delivery Or Retention Of Non-Electronic Records, Or To Payments Or The Granting Of Credits By Any Means Other Than Electronic Means.
34. SOLICITATION OF CRYPTOCURRENCIES
APEXTO does not engage in any exchange or sale of cryptocurrencies, NFTs, initial coin offerings, DeFi tokens, trading consultation and services, or digital financial assets. All refunds to customers who paid in cryptocurrency for goods and services will be performed in USDT stablecoin exclusively through Binance or NOWPayments accounts. APEXTO does not promote or have any vested interest in any particular cryptocurrency or cryptocurrency related financial vehicle or project.