December 2024
Apex Club Terms and Conditions of Use
Welcome to our website! Apex Club and its associates provide their services to you subject to the following conditions. If you visit this website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Apex Club or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Apex Club or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Apex Club, with copyright authorship for this collection by Apex Club and protected by international copyright laws.
TRADEMARKS
Apex Club’s trademarks and trade dress may not be used in connection with any product or service that is not Apex Club’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Apex Club All other trademarks not owned by Apex Club or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Apex Club or its BRANCHES.
LICENCE AND SITE ACCESS
Apex Club grants you a limited License to access and make personal use of this site and not to download (other than page caching or documents provided for download) or modify it, or any portion of it, except with express written consent of Apex Club This License does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Apex Club
December 2024
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Apex Club INC. and our associates without express written consent. You may not use any metatags or any other “hidden text” utilizing Apex Club’s name or trademarks without the express written consent of Apex Club Any unauthorized use terminates the permission or License granted by Apex Club You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Apex Club so long as the link does not portray Apex Club, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Apex Club logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Apex Club and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from Apex Club are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Apex Club and its associates attempt to be as accurate as possible. However, Apex Club does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Apex Club itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Apex Club ON AN “AS IS” AND “AS AVAILABLE” BASIS. Apex Club
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, ORPRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THISSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Apex Club DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE. Apex Club DOES NOT WARRANT THAT THIS SITE,ITS SERVERS, OR E-MAIL SENT FROM Apex Club ARE FREE OF VIRUSES OROTHER HARMFUL COMPONENTS. Apex Club WILL NOT BE LIABLE FOR ANY December 2024
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOTLIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIALDAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESELAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, ORLIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Apex Club, you agree that the laws of the state of NEW SOUTHWALES, AUSTRALIA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Apex Club or its associates.
DISPUTES
Any dispute relating in any way to your visit to Apex Club or to products you purchase through Apex Club shall be submitted to confidential arbitration in NEW SOUTH WALES, AUSTRALIA, except that, to the extent you have in any manner violated or threatened to violate Apex Club’s intellectual property rights, Apex Club may seek injunctive or other appropriate relief in any state or federal court in the state of NEW SOUTH WALES, AUSTRALIA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Institute of Arbitrators & Mediators Australia. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Apex Club We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Questions
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be sent by email to: [email protected]