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Apex Privacy Policy and Legal Information

PRIVACY POLICY

INTRODUCTION

The following Privacy Policy discloses guidelines for any information gathered at www.apexperformancesystems.com exclusively, and does not apply to the practices used on partner sites or links to outside organizations.

Apex Performance Systems is committed to protecting your privacy. We use the information we collect to service your information requests and to make improvements to our website. Please read on for more details about our Privacy Policy. If you have any additional questions, contact us at info@apexperformancesystems.com.

NOTICE AND DISCLOSURE

What information is being collected?
When you browse our website, you do so anonymously. As users go through www.apexperformancesystems.com, some information can be tracked for the purposes of analyzing general traffic and design, improving content to certain pages, and contacting consumers for marketing purposes. We collect aggregate information on what pages consumers access or visit.

We also collect information volunteered by the consumer, such as survey information and/or site registrations. When you request information or subscribe to our e-mail newsletter program, we need your name, e-mail address and contact information.

We do not collect personal or business information on our website visitors unless it is voluntarily provided.

We may use this information to occasionally notify you about updates to this website, or about new projects Apex is working on. If you wish to be removed from our mailing list, please e-mail us at info@apexperformancesystems.com.

Will the information be given to third parties?
We will not sell, trade, rent, or give individually identifying information to third parties. We may provide aggregate statistics about our visitors, database entries, web traffic patterns, and related site information to selected vendors, but these statistics will include no personally identifying information. We may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Site.

How does Apex Performance System's website protect customer information?
When you e-mail credit card information for manual credit card processing at Apex Performance Systems, the secure server software (Verisign Secure Server and PGP encryption program) encrypts all information you input before it is sent to us. When you request information, we offer the use of a secure server to protect against the loss, misuse, or alteration of information that we have collected from you at our site. Furthermore, all of the customer data we collect is protected against unauthorized access.

CHOICE AND CONSENT

What choices are available regarding the collection, distribution, and use of the information?
By using our website, you consent to the collection and use of your visitor information by Apex Performance Systems and its website. We will keep this page updated with policies related to our collection, use, and distribution of information.

Still don't want to make an on-line information request? We're happy to accept your request by mail or phone.

CONTACT INFORMATION

If you wish to contact Apex regarding any of the Privacy Policy statement issues listed, or believe www.apexperformancesystems.com has not kept in compliance with these guidelines, please contact us at:

Apex Performance Systems
3000 Cahill Main, Suite 214
Madison, WI 53711
Phone: 800.255.9853, 608.274.0400
Fax: 608.274.1400
E-mail: info@apexperformancesystems.com

TERMS AND CONDITIONS OF USE

We may change these Terms any time. By using the Site, you agree to follow and be bound by the Terms posted concurrent with your use. Please read these Terms regularly. If you do not agree to follow and be bound by these Terms, please do not use this Site.

Site Contents
You should assume everything you see, hear, or otherwise receive from or on the Site (the "Contents") is copyright, trademark, trade dress or other intellectual property owned and/or licensed by Apex Performance Systems and is protected by international copyright and trademark laws. The Contents include images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, music, the Site as a whole and any other materials at the Site.

Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Apex Performance Systems. No software (including but not limited to any images or files incorporated in or generated by the software) may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered, or disassembled. Also, you may not "mirror" any Materials contained on this Site on any other server without Apex Performance Systems' prior express written permission.

You may use or download the Contents solely for your personal, noncommercial purposes, provided you keep all copyright and other proprietary notices with them. No other type of use is permitted. Downloading or copying Content does not transfer any right, title or interest in any Content to you. The downloading or export of software or technical data from this Site to any jurisdiction in violation of United States export laws is strictly prohibited.

Article Reprints On-Line
Permission is not required for sending an occasional copy of an article to a few people. Permission is required to post Apex Performance Systems articles, or the contents of Apex Performance Systems reports, on websites, newsgroups, or mailing lists (either restricted or general). Whenever an article is posted, it must carry this notice:

Copyright ©2002 by Apex Performance Systems. Posted with permission on [name of your list or site]. This article may not be published, reposted, or redistributed without express permission from Apex Performance Systems. To obtain such permission, please send a request to sarah@apexperformancesystems.com.

If the article is posted on a website, we ask that it include a link to our home page, at http://www.apexperformancesystems.com.

Article Reprints in Print
Permission is required to reprint articles from Apex Performance Systems. Appropriate credit must be given. We generally do not charge for academic or other uses by educational and other non-profit organizations. A fee may be charged for commercial reprints. To obtain such permission, please send a message to sarah@apexperformancesystems.com; fax 608-274-1400; or mail Apex Performance Systems, 3000 Cahill Main, Suite 214, Madison WI 53711. Please include the title of our article, the author, the issue number and date the article appeared (if applicable), how you plan to use the reprint, and how many people you expect to see the article.

User Comments and Submissions
We welcome your comments regarding our Site, our products and our services. However, any idea, suggestion, or other information you transmit to the Site is, and will be treated as, nonconfidential and nonproprietary. Any comment, idea, suggestion, response or other material or information you or others transmit to us through this Site or otherwise shall become entirely Apex Performance Systems' property. This includes personal information about you and your use of the Site. Please review our Privacy Policy statement for more information.

You promise that no information or material you transmit to Apex Performance Systems (apexperformancesystems.com) will violate anyone else's right, including copyright, trademark, privacy or other rights. You may not transmit any information that is or contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane or otherwise unlawful, abusive or obscene material. You shall be solely responsible for the content of any Comments you make. Apex Performance Systems is not responsible or liable for the content of information that others post at or transmit to the Site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography or profanity contained in any such information, or for the conduct of any Site user.

Product Information
Products displayed on the Site can be delivered worldwide. Prices are valid and effective only in U.S. Dollars. We will accept international monetary transfers for payment for products. Those funds are to be received at our banking institution in advance of delivery.

We have tried to accurately display the content of our products on the Site. However, the colors you see will depend on your monitor and its settings. We cannot guarantee that your monitor's display will be accurate.

Links to Other Sites
If you have any concerns regarding any outside site linked to or from the Site, please direct them to the owner or operator of the outside site. Apex Performance Systems is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials.

Disclaimer
Your use of the Site is at your own risk. Apex Performance Systems provides this site, all contents, and all services offered through or from the site "as is" without express or implied warranty, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or noninfringement. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Apex Performance Systems also does not warrant that your use of the Site, the operation or function of the Site, or any services offered through or from the Site, will be uninterrupted or error free, that defects will be corrected, or that this Site or its server are free of viruses or other harmful elements. Apex Performance Systems does not make any representations regarding the currency, accuracy or reliability of information on this Site.

Apex Performance Systems shall not be liable for any damages related to your use of or inability to use this Site or the information contained herein (or from the use of information obtained to linked addresses), including without limitation direct, indirect, special, compensatory or consequential damages, lost profits or loss of or damage to property, even if Apex Performance Systems has been advised of the possibility of such damages.

If you are dissatisfied with the Site, any of its Contents, or any of these Terms, we would like to hear from you. You may contact us at info@apexperformancesystems.com. However, your sole and exclusive legal remedy is to stop using the Site.

Indemnification
You agree to defend, indemnify and hold Apex Performance Systems harmless from and against any claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or your violation of any of these Terms and Conditions.

Miscellaneous
Unless otherwise specified, Apex Performance Systems displays this Site and the Contents solely to market and promote Apex Performance Systems' products and services. Apex Performance Systems controls and operates this Site from its offices in Wisconsin.

These Terms shall be construed according to Wisconsin law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the Contents, the use of the Site, or products or services purchased using this Site, shall be resolved exclusively by the state and federal courts of the State of Wisconsin. Your use of the Site constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.

These Terms are the entire agreement between you and Apex Performance Systems relating to the Site or its Contents. Any other agreements between you and Apex Performance Systems are superseded and have no force or effect.

Termination
If Apex Performance Systems believes you have failed to comply with these Terms, or for any other or no reason, Apex Performance Systems may deny you access to the Site immediately without notice. The restrictions, including restrictions with respect to the Content, disclaimers and liability limitations in these Terms shall continue to apply. Upon denial of access, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of Content.

Legal Contact Information
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact Sarah McCann at sarah@apexperformancesystems.com.

 

 
 
 
 
 
 
 
 
 
 
 
 
 
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