Apex Ad Pro Terms and Conditions
Print The Terms and Conditions
Apex Ad Pro
Terms of Service:
Apex Consulting Group LLC HERETO (Apex or Apex Ad Pro) is an online marketing firm that works with clients around the Globe. Our objective is targeted demographic marketing for our clients online, we utilize all major search engines. By agreeing to partner with Apex Ad Pro, you are also agreeing to the following terms and conditions.
The portion of this website (hereafter referred to as the “Site”) is provided by, for use by businesses and/or Individuals for purposes of their business, conditional on your acceptance of the terms and conditions set forth below (the “Terms and Conditions”). By accessing, using and/or downloading Materials from this Site, you agree on your own behalf, and on behalf of each entity on whose behalf you act, to accept and abide by these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you should not use this Site, download Proprietary Software or code from this Site, or use Materials from this Site. These Terms and Conditions apply exclusively to your access to, and use of this Site, and do not alter the terms or conditions of any other agreement you may have with Apex Ad Pro
Certain sections of this Site are only accessible to customers who use Animation Products and services. Such sections will be identified as such.
Apex Ad Pro also operates other websites and/or other sections which are subject to their own terms. Please review those websites or sections for their applicable terms and conditions of use before using them.
Apex Ad Pro may terminate, change, suspend, or discontinue any aspect of this Site, including the availability of any features, at any time without notice or liability. Apex Ad Pro may similarly remove, add, modify or otherwise change any content, including that of third parties, on or from this Site. Apex Ad Pro may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.
Affiliate – An inter–company relationship characterized by common ownership or control or a person or organization officially attached to a larger body.
Animated Video – The work product resulting from utilizing animated images to tell a story or convey a message.
Animation Assets – Including but not limited to, sound files, graphics, photos, storyboards, text, logos, Software, code, drawings, and scripts.
Apex Ad Pro – The company, service, and website.
Decompile – Produce source code.
Disclaim – Deny, disavow, and refuse to acknowledge.
Individual – A natural person or any individual conducting business without any legal formation, registered or unregistered.
Materials – The items identified in Section 1 below, Including, but not limited to Software, photos, logos, graphics, Animation Assets, Animated Video, text, code, and sound files.
Modify – to alter, change, or add to in any way.
Products – Including but not limited to scripts, Animated Video, Software, photos, graphics, text, code, sound files, and Animation Assets.
Proprietary Rights – All information, material, code, photos, text, software, sound files, and graphics wholly owned by Apex Ad Pro accessed through the website.
Redistribute – Sell, convey, license, transfer, or otherwise distribute software differently or again.
Reverse Engineer – The reproduction of another manufacturer’s product following detailed examination of its construction or composition.
Site – The website.
Software – Any software program including but not limited to files, texts, graphics, Animation Assets, photos, logos, pictures, code, videos, and images.
Subscription Service – 3 MONTH COMMITMENT subscription base for the use of Animated Video.
Terminate – To end any access to, or use of Apex Ad Pro website, and all rights to use all property wholly owned Apex Ad Pro
Title – A right entitling ownership and/or usage.
You – The user or customer.
1. Proprietary Rights
Limited License and Copyright
Subject to the Terms and Conditions set forth in this Agreement, grants you a non-exclusive, non-transferable, limited right to access and use this Site for the purpose of creating an Animated Video and/or marketing the Animated Video, including, but not limited to text, graphics, animations, pictures or images thereon, as well as any Software view able on the Site, except the Software products which are licensed separately (collectively, the “Materials”), and to view and download the Materials subject to the restrictions below, only in connection with the Products and Services provided by for use internally by your business.
This authorization is not a transfer of Title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not Modify or reproduce the Materials in any way; c) you may not transfer the Materials to any other person without our written consent, which consent may be withheld in its sole discretion; and d) you may not print or copy any of the HTML or other computer programs/code that are view able on this Site. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is protected by USA and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Apex Ad Pro does not grant any express or implied right or license to you under any intellectual property right of Apex Ad Pro, including under any patent, trademark, copyright, trade secret, or confidential information of Apex Ad Pro, its Affiliates, or any of their third-party suppliers.
The product names, company names, logos of Apex Ad Pro, or any Affiliate used on this Site, may be trademarks, including registered trademarks of Apex Ad Pro, or an Affiliate. Such product names, company names, and logos of Apex Ad Pro, and its Affiliates, may not be copied, imitated, or used, in whole or in part, without the prior written consent of Apex Ad Pro or such Affiliate, which consent may be withheld in its sole discretion. Other product and company names mentioned on this Site may be the trademarks of their respective owners and no rights are granted by Apex Ad Pro with respect to them.
Reservation of Rights
Apex Ad Pro and its Affiliates’ Products, services, methods, and processes may be covered by one or more patents or other statutory or common law intellectual property rights, and are subject to trade secrets and other Proprietary Rights. Apex Ad Pro and its Affiliates reserve all such rights.
Any Software, files, code, sound files, Animated Video, text, graphics, Animation Assets, pictures, or images generated by such Software, accompanying such Software (the “Software”), used or accessible through this Site, is the copyrighted work of Apex Ad Pro, its Affiliates, and/or their suppliers. You are licensed to use the Software non-exclusively for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose and may not Redistribute, sell, Decompile, Reverse Engineer, disassemble or otherwise use the Software in any manner for which it was not intended.
Apex Ad Pro may terminate all rights and licenses contained herein, and upon such termination, you shall immediately destroy all Materials unless you have purchased the rights to own your Animated Video.
2. Disclaimer and Limitation of Damages
The Materials and information accessible through this Site may contain inaccuracies, defects and errors. Apex Ad Pro, its Affiliates, and/or their suppliers make no representations or warranties about the accuracy or completeness of the Materials or information accessible through this Site, or the reliability of any advice, opinion, statement, or other information displayed or distributed through this Site, or about the continued availability of this Site or of any of the Materials. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. Apex Ad Pro reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. Apex Ad Pro may make any other changes to this Site, Materials, Products, services, programs, or prices (if any), described on this Site at any time without notice.
This Site, Materials, information accessible through this Site, and Software, are provided “as is” without any representation or warranty, express or implied, of any kind. Apex Ad Pro, its Affiliates, and their suppliers, hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade. Apex Ad Pro does not warrant that this Site will operate without interruptions or that it will be error free.
In no event shall, Apex Ad Pro, its Affiliates, and/or their suppliers, be liable for any direct, indirect, incidental, consequential, punitive, exemplary, reliance, special or other damages (including, without limitation, damages for harm to business, lost profits, lost savings, lost revenues, business interruption, loss of information, programs, or other data on your information handling system) related to the use of, or the inability to use this Site, its contents, Materials available from this Site, or any information, Software, Products and services obtained through this Site, or functions of this Site or any linked website, whether or not any of Apex Ad Pro, its Affiliates and/or their suppliers has been advised of the possibility of such damages.
The limitations of liability and disclaimers herein contained apply regardless of the form of action, whether in contract, warranty, delict, qu-delict, strict liability, negligence, or other tort, and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
Upon request by Apex Ad Pro, and/or its Affiliates, you agree to defend, indemnify and hold harmless Apex Ad Pro and/or its Affiliates from all liabilities, claims and expenses, including attorney’s fees, arising from your use of this Site. Apex Ad Pro and/or its Affiliates reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Notwithstanding the foregoing, you are not required to indemnify Apex Ad Pro and/or its Affiliates for its own violations of applicable laws.
3. Links and Third-Party Content
As a convenience to you, Apex Ad Pro may provide, on this Site, links to websites operated by other entities. If you use these websites, you will leave this Site. If you decide to visit any linked website, you do so at your own risk. and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Apex Ad Pro makes no warranty or representation regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third-party sources. Links do not imply that Apex Ad Pro or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Apex Ad Pro, or any of its Affiliates. This Site may from time to time contain Materials, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings. You agree that Apex Ad Pro shall not have any liability whatsoever to you for any such third-party material, data, or information. All links to this Site must be approved in writing by Apex Ad Pro
4. Information Provided by You
You should not send any confidential or proprietary information to Apex Ad Pro via this Site. The security of this Site is not guaranteed, and you agree that any information or Materials that you or Individuals acting on your behalf provide to Apex Ad Pro is sent at your own risk and will not be considered confidential or proprietary. By providing any such information or Materials to Apex Ad Pro, you grant to Apex Ad Pro and its Affiliates, an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, Modify, reproduce, display or perform (including display or perform in public), communicate to the public, Modify, adapt, transmit and distribute such information and Materials in any form, with the right to grant sub-licenses, and you also agree that Apex Ad Pro and its Affiliates are free to use any ideas, concepts, know-how or techniques that you or Individuals acting on your behalf provide to Apex Ad Pro for any purpose, and you represent that you have all rights necessary to grant such rights to Apex Ad Pro You further recognize that Apex Ad Pro does not want you to, and you warrant that you will not provide any Information or Materials to Apex Ad Pro that are harassing, defamatory, libelous, tortious, offensive, threatening, obscene or otherwise unlawful, or that incorporates the proprietary or confidential material of another.
THE INFORMATION AND SERVICES THAT Apex Ad Pro PROVIDES ARE ON AN “AS IS” AND “AS AVAILABLE”, “NO REFUND” BS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PURPOSE. NO ADVICE OR INFORMATION GIVEN BY Apex Ad Pro, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY HEREUNDER.
6. Online Search Phrase
Our marketing experts perform widespread detailed research to establish the most valuable and cost-effective marketing position for each client. We place every client on Google.com to ensure they are reaching their targeted market 24/7. We research multiple marketing strategies to place our clients in the most cost-effective position, with the highest return on their investment. Apex Ad Pro may grant additional marketing on a client’s behalf to further increase their results and exposure. It is our goal to ensure that all our clients get the most out of their Apex Ad Pro online marketing. However, Apex Ad Pro cannot guarantee the exact position of a client’s campaign ad, nor the number of hits, clicks, leads, or sales as an outcome of their online marketing.
There could be events outside of Apex Ad Pro’s control that can temporarily hinder our capacity to secure Google.com placement(s). These events may include, but are not limited to, Search Engine System updates, Search Engine account reviews, and any other events out of the direct control of Apex Ad Pro
Apex Ad Pro has no power over our client’s personal website(s) and has no means of measuring the outcome of sales from our client’s online marketing campaign. Apex Ad Pro requires our clients to keep track of their individual results by asking every person that contacts their business how they had found their name and phone number. Apex Ad Pro is not an entity of, nor directly affiliated with, Google.com. Apex Ad Pro is a privately-owned marketing firm that concentrates on the construction and maintenance of targeted marketing ads for our clients on the World Wide Web’s search engines. For more information about Online Search Phrases/Placements please contact our 5-Star Customer Service Department.
Apex Ad Pro will never sell, trade, or otherwise disclose personally identifiable information to anyone. We will not share your email address with any other company. We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and actions tags (also known as single pixel gifs) to determine your advertising effectiveness. Any information that these third parties collect (via cookies and action tags) is completely anonymous.
8. Governing Law
This Contract is made and shall be construed and performed under the laws of the State of Oregon, without giving effect to Apex Ad Pro choice of law principles. The parties agree that exclusive jurisdiction and venue for any action hereunder shall lie in the Circuit Court of Oregon, Washington County.
This Agreement constitutes the entire agreement between Apex Ad Pro and you with respect to the subject matter hereof. Any cause of action you may have with respect to your use of this Site or which is the subject of this Agreement must be commenced within (30) days after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
All cancellation requests MUST be received at least 3 business days prior to your anniversary billing date, by emailing us.
If your payment is not successful for any reason, your marketing may remain Online for up to 90 days as we contact you to collect updated payment information. This in no way negates your obligation to pay all monies owed to Apex Ad Pro If your account is not updated within 90 days, we have the right to turn your account over to a collections agency and immediately turn off your advertising package.
All Apex Ad Pro clients with an outstanding or overdue balance will accrue a $25 fee on the fifth business day after their monthly anniversary billing date.
Chargeback/Dispute of Services
If a chargeback is filed, you will be immediately placed into collections for the full amount of your service plus a $50 fee for the cost of the charge-back and any other collection fees that might occur.
If you have questions on your account, please call our 5-Star Customer Service Department
This Order authenticates the arrangement that was made between you and our marketing specialist from Apex Ad Pro to partner in our service(s), as was recorded with your authorization. Unless explicitly contradicted by this Order Confirmation, the recorded agreement described above continues in full force and effect.
All our 3 MONTH COMMITMENT Agreements begin on the date that you first established participation and you will continue to be billed automatically by direct deduction on the monthly anniversary day of every month until the client cancels through Apex Ad Pro cancellation policies. If you do not cancel by following the cancellation request instructions above by the end of your 3 MONTH COMMITMENT Agreement, you will automatically be entered into another 3 month Agreement and will continue to be billed automatically by direct deduction on the monthly anniversary day until the Agreement is cancelled.
If you have questions, please contact our 5-Star Customer Service Department
Signer One: _______________________ Date: _______________________
Signer Two: _______________________ Date: _______________________