Web Site
Terms
Apexor Inc.,
Company, Web Site Agreement and Terms of
Service
The Apexor Inc.,
Web Site (the "Site") is an online information
service provided by Apexor Inc., ("Apexor Inc., "),
subject to your compliance with the terms and
conditions set forth below.
PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
Apexor Inc., MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright,
Licenses and Idea
Submissions.
The entire
contents of the Site are protected by international
copyright and trademark laws. The owner of the
copyrights and trademarks are Apexor Inc.,, its
affiliates or other third party
licensors.
YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE.
You may print and
download portions of material from the different
areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete
any copyright or proprietary notices from the
materials. You agree to grant to Apexor Inc., a
non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of,
publicly display and publicly perform any materials
and other information (including, without limitation,
ideas contained therein for new or improved products
and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups)
or by e-mail to Apexor Inc., by all means and in any
media now known or hereafter developed. You also
grant to Apexor Inc., the right to use your name in
connection with the submitted materials and other
information as well as in connection with all
advertising, marketing and promotional material
related thereto. You agree that you shall have no
recourse against Apexor Inc., for any alleged or
actual infringement or misappropriation of any
proprietary right in your communications to Apexor
Inc.,.
TRADEMARKS.
Publications,
products, content or services referenced herein or on
the Site are the exclusive trademarks or
servicemarks of Apexor Inc.,.
Other product and company names mentioned in the Site
may be the trademarks of their respective
owners.
2. Use of
Site
You
understand that, except for information, products or
services clearly identified as being supplied by Apexor
Inc.,, Apexor
Inc.,does not operate, control
or endorse any information, products or services on the
Internet in any way. Except for Apexor Inc., - identified
information, products or services, all information,
products and services offered through the Site or on the
Internet generally are offered by third parties, that are
not affiliated with Apexor Inc., a. You also understand
that Apexor Inc., cannot and does not guarantee or
warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or
destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to
the Site for the reconstruction of any lost
data.
Your use of Apexor Inc., site indicates your
acceptance of all of these terms and conditions. Your
placement of an order indicates your acceptance of these
terms and conditions. These terms and conditions shall
supercede any subsequent terms or conditions included
with any purchase order, whether or not such terms or
conditions are signed by Apexor Inc.,. Apexor Inc.,
reserves the right to make changes to these terms and
conditions at any time, including and not limited to the
content and web links available from this
site.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. Apexor Inc., PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND Apexor Inc., SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. THE INFORMATION FROM OR
THROUGH THIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,”
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFOMRATION MAY
CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE
AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE
INFORMATION, FOR ANY REASON, AND USER’S SOLE AND
EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE
LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE
INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT
SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR
GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY,
ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS,
SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A
PARTICULAR SITUATION.
IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. Apexor Inc., DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH MAY BE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO
SUCH MATERIALS IS AT YOUR RISK. Apexor Inc., HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
THE INFORMATION, HYPERTEXT
LINKS, DOWNLOADS OR ANY OTHER INFORMATION CONTAINED ON
OUR WEB SITE IS INTENDED TO OUTLINE OUR GENERAL SERVICES
OFFERED AND PRODUCT DIRECTION. IT IS INTENDED FOR
INFORMATION PURPOSES ONLY, AND MAY NOT BE INCORPORATED
INTO ANY CONTRACT. IT IS NOT A COMMITMENT TO DELIVER ANY
PROGRAMMING SOLUTIONS, SOFTWARE CODE, FUNCTIONAL OR
TECHNICAL MATERIAL AND ANY SUCH TYPES OF DELIVERABLES.
THE INFORMTION WE PROVIDE HERE SHOULD NOT BE RELIED UPON
IN MAKING PURCHASE DECISIONS. THE DEVELOPMENT, RELEASE
AND TIMING OF ANY FEATURES OR FUNCTIONALITY DESCRIBED
FOR OUR SERVICES OR PRODUCTS REMAINS AT THE SOLE
DISCRETION OF APEXOR INC.
All
responsibility and liability for any damages caused by viruses
contained within the electronic files of this site are
disclaimed.
LIMITATION OF
LIABILITY
IN NO EVENT WILL
Apexor Inc., its employees, trading partners,
directors, management team, affiliate partners or
anyone associated with the business management of
Apexor Inc., BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF Apexor Inc., OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
Apexor Inc., LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Apexor Inc., makes
no representations whatsoever about any other web
site which you may access through this one or which
may link to this Site. When you access a non-Apexor
Inc., web site, please understand that it is
independent from Apexor Inc.,, and that Apexor Inc.,
has no control over the content on that web site. In
addition, a link to a Apexor Inc., web site does not
mean that Apexor Inc., endorses or accepts any
responsibility for the content, or the use, of such
web site.
3.
Indemnification.
You agree to
indemnify, defend and hold harmless Apexor Inc.,, its
officers, directors, employees, agents, licensors,
suppliers and any third party information providers
to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or
any other person accessing the
Service.
4. Third Party
Rights
The provisions of
paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Apexor Inc.,
and its officers, directors, employees, agents,
licensors, suppliers, and any third party information
providers to the Service. Each of these individuals
or entities shall have the right to assert and
enforce those provisions directly against you on its
own behalf.
5.Term
;
Termination.
This Agreement may
be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
WEB SITE
OPERATIONS
6. Apexor Inc., web site is
engaged in providing services as provider of IT cosulting,
strategic partnering services. Part of the Apexor Inc., service
may have links to products or services to other web sites
hosted by our affiliates, partners, suppliers, vendors or
advertisers. To enhance or improve our services we offer social
media, collaboration, forums, e-commerce and other types of
online web related activities that may include but not limited
to the following business activities:
- Hosting of the e-stores on our main web
servers ("Hardware")
- Content and Catalog management of ALL of
merchant products.
- Order Acceptance and Order
Processing.
- Customer Care and Customer
Support.
- Coupons, Promotions, Marketing and Sales
efforts..
- Forums, WikiPedia, Collaboration, Social
Media type of services.
- Online Connection enablers that connects
people with one another.
Links originating from our site and/or
from our partnering sites:
Apexor Inc., web site may contain links to
other sites, on the Internet, that are owned and operated by
third parties. By using our site, you acknowledge that Apexor
Inc., is not responsible for the operation of nor the content
and links located on or through any such third party
sites.
Apexor Inc., provides many links to other
e-Commers sites or suppliers hosted by our value added
partners. From time to time, these stores and any links
available on these stores may not be available nor function
accordingly as cataloging, merchandizing, order processing and
order fulfillment is managed by the partnering site. By
ordering products via Apexor Inc., you also agree that the
products that you orders may not be shipped as promised due to
constraints in customizing, building, packaging, shipping or
any fulfillment related constraints by us and our partner
sites. You also agree that if any such order related issues
arise, you are willing and agreeing to contact us, and allow us
to resolve such order fulfillment issues, by following the
links on our customer support pages or by going to the Help
area on our Site.
Links to products
displayed on our site, and partnering sites, do not constitute
an endorsement by Apexor Inc.,.co, of the partnering site. You
acknowledge that Apexor Inc., is providing these links to you
only as a convenience, and agree that Apexor Inc., is not
responsible for the content of the e-store Merchant sites nor
Advertisements.
E-commerce site hosting and Order
Processing and Customer Support related to Customer
Orders:
7. The Apexor Inc., web sites, partnering web
sites and its affiliate web sites may be hosted and operated by
other merchants or suppliers of Apexor Inc., or their affiliate
sites. As the order information may be available on the main
servers of Merchant sites, we do not have control nor access to
this information. Our Partnering, Affiliate or Merchant sites
may have set forth the policies regarding - Order Acceptance,
Order Processing, Order fulfillment, Customer Support and other
related activities ("e-commerce"). Please refer to individual
terms and policies on any of the merchant sites originating
from the Apexor Inc., web site.
You acknowledge that Apexor Inc., is not
responsible for conducting nor ensuring the access to any of
the above mentioned e-commerce activities nor has any control
on these activities that are governed by our partnering
merchants sites.
Order Acceptance Policy:
8. Your receipt of an electronic or other
form of order confirmation does not signify the acceptance of
your order by Apexor Inc., nor our Merchant Sites. In addition,
this does not constitute confirmation of our offer to sell.
Apexor Inc., reserves the right at any time after receipt of
your order to accept or decline your order for any reason.
Apexor Inc., reserves the right at any time after receipt of
your order, without prior notice to you, to supply less than
the quantity you ordered of any item.
Links originating from our site pointing
to Charities or any charitable Organizations:
9. Apexor Inc., web site may contain links to
other Charities or charitable organization sites on the
Internet that are owned and operated by those individual
organizations. You acknowledge that Apexor Inc., is not
responsible for the operation of or the content and links
located on or through any such site.
Apexor Inc., does not endorse nor warranty
the activities of any charities or charitable organizations
featured on our site. From time to time, Apexor Inc., may
provide information about our participation in the causes of
those charities either by indicating, on Apexor Inc., site, any
monetary and all contributions to those charities. Apexor Inc.,
is a for profit venture and does not require our customers nor
entice them to buy products via our site which in anyway may
indicate that our web site is fully affiliated and contributes
to the charitable organizations.
DISCLAIMER AND LIMITED LIABILITY of Products
or Services sold on our Site or sold via links originating from
our Site:
10. The merchandize and products linked and
available via Apexor Inc., web site, partnering sites and
affiliate sites may be sold and supplied by independent
merchants. Except as expressly stated herein, Apexor Inc.,
makes no representations or warranties, either express or
implied, of any kind with respect to products sold via the
Apexor Inc., and our respective partnering, merchant,
affiliates or advertisers web sites. Except as expressly stated
herein, Apexor Inc., expressly disclaims all warranties,
express or implied, of any kind with respect to products sold
on this site, the partnering sites, thea advertising sites and
its affiliate sites, including but not limited to,
merchantability and fitness for a particular purpose. You agree
that the sole and exclusive maximum liability to Apexor Inc.,
arising from any product sold on the Apexor Inc., sites shall
be the price of the product ordered minus any administrative,
product creation, marketing, sales, packaging or other costs.
In no event shall Apexor Inc.,,, its directors, officers,
employees or other representatives be liable for special,
indirect, consequential, or punitive damages related to
products or services sold.
DISCLAIMER AND LIMITED LIABILITY of our web
site, our affiliate web sites and BY OUR PARENT COMPANY OR
COMPANIES
11. The Apexor Inc., web sites and the
materials therein are provided “as is”. Apexor Inc., makes no
representations or warranties, either express or implied, of
any kind with respect to the Apexor Inc., sites, their
operations, contents, information, materials or year 2000
compliance. Apexor Inc., expressly disclaims all warranties,
express or implied, of any kind with respect to the sites or
their use, including but not limited to merchantability and
fitness for a particular purpose. You agree that Apexor Inc.,,
its directors, officers, employees or other representatives
shall not be liable for damages arising from the operation,
content or use of the Apexor Inc., sites. You agree that this
limitation of liability is comprehensive and applies to all
damages of any kind, including without limitation direct,
indirect, compensatory, special, incidental, punitive and
consequential damages.
IN NO EVENT SHALL Apexor Inc.,,
ITS PARENT COMPANIES OR ITS ASSOCIATED GROUP OF
COMPANIES, ANY OF ITS
EMPLOYEES, SHAREHOLDERS, DIRECTORS OR MANAGEMENT, ANY OF
ITS E-STORES, MERCHANTS, PARTNERS, AFFILIATE SITES,
CONTENT PROVIDERS OR ANY RELATED ORGANIZATIONS BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO
ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS,
DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED
TO THE USE, INABILITY TO USE, UNAUTHORIZED USE,
PERFORMANCE OR NON-PERFORMANCE OF THIS WEB SITE, ANY
OTHER WEB SITE LINKED THRU OUR SITE OR FROM THE PRODUCTS
OR SERVICES OFFERED BY OUR SITE, EVEN IF Apexor Inc., HAS
BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH
DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT,
NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR
OTHERWISE.
Disclaimer of
Warranties
12. The Website Services is a free,
promotional or paid service offered by Apexor Inc., and its
affiliated companies.
The Web changes constantly and no searching
or indexing techniques can possibly index all pages accessible
on the Web. As a result, Apexor Inc., does not and cannot
guarantee that your search results will be complete or accurate
or that the links associated with the indexed sites will be
accurate at the time of your search.
The Web sites included in the Apexor Inc.,
index are developed by persons over whom Apexor Inc., exercises
no control. The process of including sites in the index is
largely automatic. Apexor Inc., cannot and does not screen the
sites included in the index. For these reasons, Apexor Inc.,
assumes no responsibility for the content of any site included
in the index, and shall not be responsible for any errors or
omissions contained in this Web site or any other site, or any
offensive or otherwise objectionable content contained in this
Web site or any other site.
THE SERVICES AND ALL INFORMATION, PRODUCTS
AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS
AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE AND
THE AFFILIATED SITES, ARE PROVIDED "AS IS" AND ARE SUBJECT
TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW,
Apexor Inc., DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES
(EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE
SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT
(INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT)
INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE AND THE Apexor
Inc., PARENT COMPANY, GROUP OF COMPANIES OR AFFILIATED WEB
SITES.
13.
Miscellaneous.
This Agreement shall
all be governed and construed in accordance with the
laws of The United States of America applicable to
agreements made and to be performed in The United States
of America. You agree that any legal action or
proceeding between Apexor Inc., and you for any purpose
concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in The
United States of America
. Any cause of action
or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action
is barred. Apexor
Inc.,'s failure to insist
upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct
between the parties nor trade practice shall act to
modify any provision of this Agreement. Apexor Inc., may
assign its rights and duties under this Agreement to any
party at any time without notice to
you.
Parent Company:
Apexor Inc., is owned by its parent company
OCP World Inc., ("Parent Company") and is a web initiative of
our Parent Company. By using the Apexor Inc., web Site you are
also accepting to the terms and conditions and privacy policy
of our Parent Company which may be available on the Parent
Company's web site at: http://www.ocpworld.com
Any rights not
expressly granted herein are
reserved.
Copyright (c)
2008. Apexor Inc., - All Rights
Reserved.
www.apexor.com
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