BY ACCESSING ANY PAGE CONTAINED WITHIN THIS WEBSITE, THE PARTY ACCESSING SUCH PAGE (“YOU”) ACCEPT THESE TERMS AND CONDITIONS. APEX OIL COMPANY, INC. (INCLUDING ITS AFFILIATES, “APEX”) RESERVES THE RIGHT TO PURSUE ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY AGAINST ANY USER OF THIS WEBSITE WHO VIOLATES THESE TERMS AND CONDITIONS. APEX RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.
ACCESS AND USAGE
Apex reserves the right to deny access to any user or group of users to the website, at Apex’s sole discretion, at any time, and for any reason or no reason.
You agree not to (a) use any automated means, including spiders, robots, crawlers or the like to download data from this website; (b) enter into this website by any means any data that is libelous, defamatory or unlawful, or that violates or infringes any trademark, copyright or similar rights of others; or (c) enter into this website by any means any data which is false or misleading.
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner that could damage, disable, overburden, or impair any Apex server, or the network(s) connected to any Apex server, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to the website, other accounts, computer systems or networks connected to any Apex server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST APEX FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
COPYRIGHT AND TRADEMARKS
The trademarks, logos, and service marks, including but not limited to “Apex Oil Company, Inc.” and other names, logos, and icons identifying products and services (collectively, “Trademarks”) displayed on the website, are registered and unregistered Trademarks of Apex. The Trademarks and all other materials contained in this website may not be distributed, modified, or reproduced in whole or in part without the prior written permission of Apex in each instance.
USER WARRANTS THAT IT UNDERSTANDS AND ACKNOWLEDGES BY ITS USE OF THE WEBSITE THAT ALL MATERIALS AND INFORMATION CONTAINED IN THE WEBSITE ARE PROVIDED WITH NO WARRANTY, REPRESENTATION, COVENANT OR OTHER ASSURANCE AS TO THEIR ACCURACY OR COMPLETENESS. USER TAKES ALL MATERIALS AND INFORMATION ON AN “AS-IS” AND “AS AVAILABLE BASIS,” AND APEX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (UNLESS SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW), AND RELATED REPRESENTATIONS, COVENANTS, OR OTHER ASSURANCES, IF ANY, AS TO THE MATERIALS AND INFORMATION INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, CONDITION, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PATENT OR COPYRIGHT INFRINGEMENT OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FURTHERMORE, NO ADVICE OR INFORMATION GIVEN BY APEX IN OR THROUGH THIS WEBSITE SHALL CREATE A WARRANTY OF ANY KIND.
APEX DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION OR MATERIALS PROVIDED WILL BE ERROR FREE OR THAT ANY INFORMATION OR MATERIAL ACCESSIBLE THROUGH APEX’S WEBSITE IS FREE OF VIRUSES, CANCELBOTS, WORMS, LOGIC BOMBS, TROJAN HORSES OR OTHER HARMFUL CONTENTS OR COMPONENTS. USER AGREES TO ASSUME ANY AND ALL LIABILITY FOR USE OF THE MATERIALS AND INFORMATION. IN NO EVENT SHALL APEX, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE WEBSITE.
Apex Oil Company, Inc.
8235 Forsyth Boulevard Suite 400
St. Louis, MO 63105