TERMS OF SERVICE
These terms of service (these “Terms of Service”) govern your access to and use of the website: www.elevatoroperators.com (together with all such versions of this website optimized for mobile or other use, the “Site”), and your use of the Content (as defined herein) and Services (as defined in the Privacy Policy) contained on or linked to the Site are subject to these Terms of Service. The Site is owned by Apex Arboretum Inc., Inc., a Vermont corporation (“Apex”, “we”, “us” or “our”). We reserve the right to update these Terms of Service from time to time with or without notice to you.
BEFORE ACCESSING OR USING THIS SITE, THE CONTENT OR OUR SERVICES, YOU SHOULD CAREFULLY REVIEW THESE TERMS OF SERVICE AS WELL AS OUR PRIVACY POLICY (www.elevatoroperators.com/privacy) (the “Privacy Policy”), WHICH IS INCORPORATED BY REFERENCE TO THESE TERMS OF SERVICE.
Please note: Section 17 of these Terms of Service contains an arbitration clause and jury trial waiver that requires you and Apex to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.
By accessing or using this Site, the Content or our Services in any way, you are acknowledging that you understand, accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not want to agree to these Terms of Service and our Privacy Policy, including the agreements referred to herein and therein, you must not access or use the Site, the Content or any of our Services. This Site is offered and available only to users who are 21 years of age or older. By accessing or using this Site, the Content or any of our Services, you represent and warrant that you are 21 years of age or older.
• Changes to Terms of Service: We may update the Site and these Terms of Service at any time. Your continued access or use of the Site, the Content or our Services after we update these Terms of Service constitutes your acceptance of and agreement to be bound by the terms of the amended Terms of Service. We encourage you to review these Terms of Service on a regular basis to ensure you are familiar with the current version. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages on this Site or the Services.
• Privacy: Your access or use of this Site, the Content or our Services is also subject to our Privacy Policy (www.elevatoroperators.com/privacy). We ask that you review our Privacy Policy, which informs you of our data collection and use policies and practices as we collect personally identifiable information from the users of the Site and our Services.
• Use of Site: We authorize you to access and view the materials on this Site (including the Content) and to use our Services solely for your personal, non-commercial use. In doing so, you agree you will not: (i) use the Site or any feature of the Site or our Services for any purpose which we determine in our sole and absolute discretion to be unlawful, tortious, abusive, harassing, libelous, defamatory, obscene, misleading, threatening, hateful, racist, or embarrassing, or that violates proprietary or intellectual property rights of Apex or third parties, including patents, trademarks, or copyrights, or that compromises the privacy of another party’s communications; (ii) act in a manner that may damage the image or reputation of Apex or our products or services; (iii) use the Site or any feature of the Site or our Services to transmit any advertising, promotional materials or similar materials without our express written consent; (iv) collect, store, use or disseminate Personal Information (as defined in the Privacy Policy) about other users of this Site or our Services; (v) upload, post, email, or otherwise transmit or introduce any material that contains viruses, Trojan horses, ransomware, or any other computer code, files, or programs that might alter, interrupt, limit, or interfere with the functionality of the Site, any function of the Site, our Services or any computer software or hardware or telecommunications equipment, including servers; or (vi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict improper access through the Site, or features that enforce limitations on the use of the Site or the Content.
Information provided on the Site or made available through our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representations that the products or Services made available through the Site will be available or appropriate in every jurisdiction in which the Site may be accessed or Services utilized. You access the Site and purchase our products or Services at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.
• Cannabis Acknowledgment: You acknowledge that, to the extent it pertains to cannabis, our products and Services are only available to residents of states and localities with laws authorizing and/or regulating the medical or recreational use of cannabis and only to the extent permitted by such laws. Cannabis is a Schedule I controlled substance under the federal Controlled Substances Act, and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating cannabis, and that the interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK.
• Safety Acknowledgment: Please consult your healthcare professional about potential interactions or other possible complications before using any product or Services. If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing our products or Services. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. Apex shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our products or Services.
Our products and Services are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or illness. These products and Services and any statements made regarding these products and Services have not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy. By accessing the Site and using our Services, you acknowledge the information provided on the Site, the Content, our Services, within any of our social media pages or channels, and all of the documentation and literature included with any product or Services identified on the Site, is provided for informational and educational purposes only. In no way is any of the information contained in these Terms of Service or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site. You and any other user of any product or Service described or displayed on the Site are solely responsible for the use of such product or Service, as the case may be, and the consequences of such use. Any illegal use or resale of any products or Services listed on the Site could subject you to fines, penalties and/or imprisonment under state and federal law.
• Consumption of Hemp-Derived Cannabinoids and Drug Testing: The consumption of certain hemp products may lead to a positive drug test for tetrahydrocannabinol (“THC”) or certain cannabinoid metabolites. Apex cannot guarantee that hemp-derived products available for sale on this Site or through its licensees or other third parties do not contain traceable amounts of THC nor can we guarantee that use of our hemp-derived products will not result in failed drug screening for THC, other cannabinoids, or their metabolites. Your use of our products or Services is at your own risk. Apex is not responsible for any personal adverse employment or professional action related to your use of the products or Services.
• Content: The Site and all of our Services and all of their content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text design, graphics, logos, icons, images, video, audio, downloads, interfaces, code and software, and all other intellectual property exhibited or made available on the Site or through the provision of our Services (collectively referred to as, the “Content”), are all proprietary and are owned or controlled by us, our licensors and certain other third parties. All right, title and interest in and to the Content available on the Site or through any of our Services is the exclusive property of and owned by us, our licensors or certain other third parties, and is protected to the fullest extent by applicable intellectual property laws. We do not grant you any license or right to use the Content by providing you with access to and use of the Site or any of our Services other than as explicitly set forth herein. You are strictly prohibited from reselling, decompiling, reverse engineering, disassembling, storing, reproducing, communicating, using, displaying, distributing, exploiting, exhibiting, creating derivate works from or transmitting the Content without our prior written permission. Any unauthorized use of any of the Content in violation of these Terms of Service or the Privacy Policy is prohibited and may violate applicable intellectual property laws.
• Promotions: If we conduct any sweepstakes, contests or other promotions (“Promotions”), the terms of each such Promotion shall be governed by terms and conditions set forth on a landing page designated for the corresponding Promotion, in addition to these Terms of Service and the Privacy Policy, as the case may be.
• Apex Account Security: Certain Content, products or services available on this Site or through our Services may require you to register with us or provide us with certain information (including Personal Information) before you are able to gain access to same (an “Apex Account”). Should you elect not to provide us with such information, you may not be able to access said Content, products or services or participate in certain features of the Site or our Services.
Should you create an Apex Account, it is your responsibility to maintain the completeness and accuracy of your Apex Account information and make all necessary updates thereto to ensure the currency thereof. Moreover, you may be required to provide an email account and create a password to your Apex Account and it is your sole responsibility to maintain the confidentiality of your password and we shall not be liable for any unauthorized access to your Apex Account. You will be solely responsible for any and all conduct that occurs through the use of your Apex Account and you shall immediately inform us of any unauthorized access to or use thereof. We shall not be liable for any loss that you may incur as a result of someone else using your password or Apex Account, either with or without your knowledge. We reserve the right to suspend or deactivate your Apex Account at any time in our sole and absolute discretion, with or without notice to you, and we shall not be liable to you for any damages or losses you incur in connection with such suspension or deactivation.
• Disclaimers: THE CONTENT ON THIS SITE OR OUR SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Our obligations with respect to our products and services are governed solely by the agreements under which they are provided and nothing on this Site or the Services should be construed to alter such agreements. We further do not warrant the accuracy and completeness of the Content on this Site or the Services. We may make changes to the Content on this Site or the Services, or to the products and services described therein, including the prices therefor, at any time without notice. The Content on this Site or our Services may be out of date, and we make no commitment to update the Content on this Site or our Services. Information published on this Site or our Services may refer to products, programs or services that are not available in your jurisdiction.
• Use of Credit Card: If you wish to purchase any product or service made available through the Site or our Services, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your security code, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party service providers collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
• Product Availability: In many cases, our products and our Services are provided by our licensees or other third parties in various jurisdictions and not by us directly. We will use commercially reasonable efforts to fulfill or have such third parties fulfill all customer orders; however, we cannot guarantee availability of any particular product displayed on the Site or the availability of the Services. We also are not responsible for the quality, quantity or fulfillment on a timely basis or at all of products or Services provided by our licensees or other third parties. Not all products or Services are available in all jurisdictions. We do not warrant that the product descriptions or the prices set forth on this Site or the sites of such third parties are accurate, complete, reliable, current or free of error.
• Links to Third Party Websites: Links on this Site or other Services to third party websites (including those of our licensees) are provided solely as a convenience to you and we do not endorse or make any representations or warranties about the content, completeness or accuracy of the information provided on those third party websites. Should you decide to use such links, you agree that you are doing so at your own risk as you will leave this Site or the applicable Service. We do not control and are not responsible for any of these third party websites or their content. We encourage you to be aware when you leave our Site or other Services and to read the terms of use and privacy statements of each website that you visit. The Privacy Policy referenced in these Terms of Service applies only to information collected by this Site or our other Services.
• Limitation of Liability: IN NO EVENT WILL WE, OUR LICENSEES, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE OR IN OUR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, OUR SERVICES, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT, MATERIALS, INFORMATION OR SERVICES FROM THIS SITE OR OUR OTHER SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE OR OUR OTHER SERVICES ARE ONLY OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION AND CONTENT ON THE SITE OR OUR OTHER SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE AN OFFER OR SOLICITATION.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF ALL PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE OR SERVICES. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS THAT ACCOMPANY ANY PRODUCTS.
• Accessibility: We are committed to making our Site accessible and usable by all people, including those with disabilities and special needs. We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of the Site and Services. If you have difficulty using or accessing any element of the Site or the Services or if you have any feedback regarding accessibility of the Site or the other Services, please feel free to contact us at info@upstateelevator.com.
Users may download free documentation, reference materials, and user guides at elevatoroperators.com/terms (e.g., URL/documentation). In addition, users may request product documentation and reference materials in alternate formats.
• California Users and Residents: If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
• Miscellaneous Provisions:
• Venue/Jurisdiction. This Site and our other Services are owned and operated by Apex from within the United States of America and are not meant to subject Apex to the laws of any jurisdiction of any country other than the United States of America. You understand we reserve the right to limit, in whole or in part, our Services to any person in any jurisdiction, subject to applicable laws. These Terms of Service and all other agreements referenced herein or elsewhere on our Services including, but not limited to the Privacy Policy, are subject to the laws of the state of Florida without regard to its conflicts of laws principles. By using or accessing the Site or our Services, you consent to the exclusive jurisdiction of the federal and state courts located in Burlington, Vermont, in connection with any action or proceeding brought to enforce our rights relating to our intellectual property and/or Content or a judgment awarded pursuant to Section 17(b) below, and waive any objection to the bringing of any such action or proceeding in such court based upon lack of personal or subject jurisdiction or improper venue. All other actions or proceedings related to the Site, these Terms of Service, the Privacy Policy or our Services shall be resolved exclusively in accordance with the terms of Section 17(b) below.
• Arbitration. Except as otherwise set herein, any dispute arising out of or relating to the Site, your use of the Services, these Terms of Service, our Privacy Policy or the breach thereof shall be finally resolved by private, confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration shall be conducted in the English language in Burlington, Vermont. There shall be a single arbitrator. The arbitrators shall decide the dispute in accordance with the substantive law of the state of Florida. The parties will share equally the cost of the arbitration, but will separately pay their respective attorneys and other costs of the arbitration. Any arbitral award may be enforced in any jurisdiction. The parties hereby undertake to voluntarily comply with the arbitral award issued, as soon as it becomes final.
• Waiver of Jury Trial. THE PARTIES HERETO HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS OF SERVICE OR THE VALIDITY, INTERPRETATION OR ENFORCEMENT HEREOF. THE PARTIES HERETO AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THESE TERMS OF SERVICE AND WOULD NOT AGREE TO THESE TERMS OF SERVICE IF THIS SECTION WERE NOT PART OF THESE TERMS OF SERVICE.
• Amendment. We may, in our sole and absolute discretion, modify these Terms of Service, the Content, the Services, or the Privacy Policy or any other agreement referred to herein.
• Termination. We may, in our sole discretion, terminate or suspend your use or access to the Site, the Content, our Services or your Apex Account for any reason.
• Indemnification. You agree to indemnify and hold harmless Apex, its parents, subsidiaries, officers, employees, contractors and each of their respective officers, employees and agents from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms of Service or the Privacy Policy, or any violations hereof or thereof by your employees or agents, or which arises from the use of the Site, the Services, or any Content contained herein.
• Entire Agreement. These Terms of Service, the Privacy Policy and the other agreements referred to herein constitute the entire agreement between you and Apex and will govern your use of the Site, our Services and the Content contained therein and shall supersede any prior agreements between you and Apex relating thereto.
• Severability. If any provision of these Terms of Service, the Privacy Policy or other agreements referenced herein are held to be invalid by any applicable law, rule, order or regulation of any government or by the final non-appealable determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Service, the Privacy Policy or the applicable agreement.
• Waiver. The failure of Apex to exercise or enforce any right or provision of these Terms of Service, the Privacy Policy of other agreement referenced herein shall not constitute a waiver of such right or provision.
• Section Headings. The Section headings set forth in these Terms of Service are for convenience only and have no legal or contractual effect.
• Contacting Us. If you have any questions about these Terms of Service, this Site or the Content contained herein you may contact us by email: info@upstateelevator.com
We do not guarantee that we will receive all such communications and shall not, subject to applicable laws, be required to read, act or respond to any such email or other form of contact. Please note, your email communications to us may not be secure and shall not be treated as confidential.
Effective Date: January 1, 2023
BEFORE ACCESSING OR USING THIS SITE, THE CONTENT OR OUR SERVICES, YOU SHOULD CAREFULLY REVIEW THESE TERMS OF SERVICE AS WELL AS OUR PRIVACY POLICY (www.elevatoroperators.com/privacy) (the “Privacy Policy”), WHICH IS INCORPORATED BY REFERENCE TO THESE TERMS OF SERVICE.
Please note: Section 17 of these Terms of Service contains an arbitration clause and jury trial waiver that requires you and Apex to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.
By accessing or using this Site, the Content or our Services in any way, you are acknowledging that you understand, accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not want to agree to these Terms of Service and our Privacy Policy, including the agreements referred to herein and therein, you must not access or use the Site, the Content or any of our Services. This Site is offered and available only to users who are 21 years of age or older. By accessing or using this Site, the Content or any of our Services, you represent and warrant that you are 21 years of age or older.
• Changes to Terms of Service: We may update the Site and these Terms of Service at any time. Your continued access or use of the Site, the Content or our Services after we update these Terms of Service constitutes your acceptance of and agreement to be bound by the terms of the amended Terms of Service. We encourage you to review these Terms of Service on a regular basis to ensure you are familiar with the current version. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages on this Site or the Services.
• Privacy: Your access or use of this Site, the Content or our Services is also subject to our Privacy Policy (www.elevatoroperators.com/privacy). We ask that you review our Privacy Policy, which informs you of our data collection and use policies and practices as we collect personally identifiable information from the users of the Site and our Services.
• Use of Site: We authorize you to access and view the materials on this Site (including the Content) and to use our Services solely for your personal, non-commercial use. In doing so, you agree you will not: (i) use the Site or any feature of the Site or our Services for any purpose which we determine in our sole and absolute discretion to be unlawful, tortious, abusive, harassing, libelous, defamatory, obscene, misleading, threatening, hateful, racist, or embarrassing, or that violates proprietary or intellectual property rights of Apex or third parties, including patents, trademarks, or copyrights, or that compromises the privacy of another party’s communications; (ii) act in a manner that may damage the image or reputation of Apex or our products or services; (iii) use the Site or any feature of the Site or our Services to transmit any advertising, promotional materials or similar materials without our express written consent; (iv) collect, store, use or disseminate Personal Information (as defined in the Privacy Policy) about other users of this Site or our Services; (v) upload, post, email, or otherwise transmit or introduce any material that contains viruses, Trojan horses, ransomware, or any other computer code, files, or programs that might alter, interrupt, limit, or interfere with the functionality of the Site, any function of the Site, our Services or any computer software or hardware or telecommunications equipment, including servers; or (vi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict improper access through the Site, or features that enforce limitations on the use of the Site or the Content.
Information provided on the Site or made available through our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representations that the products or Services made available through the Site will be available or appropriate in every jurisdiction in which the Site may be accessed or Services utilized. You access the Site and purchase our products or Services at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.
• Cannabis Acknowledgment: You acknowledge that, to the extent it pertains to cannabis, our products and Services are only available to residents of states and localities with laws authorizing and/or regulating the medical or recreational use of cannabis and only to the extent permitted by such laws. Cannabis is a Schedule I controlled substance under the federal Controlled Substances Act, and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating cannabis, and that the interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK.
• Safety Acknowledgment: Please consult your healthcare professional about potential interactions or other possible complications before using any product or Services. If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing our products or Services. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. Apex shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our products or Services.
Our products and Services are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or illness. These products and Services and any statements made regarding these products and Services have not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy. By accessing the Site and using our Services, you acknowledge the information provided on the Site, the Content, our Services, within any of our social media pages or channels, and all of the documentation and literature included with any product or Services identified on the Site, is provided for informational and educational purposes only. In no way is any of the information contained in these Terms of Service or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site. You and any other user of any product or Service described or displayed on the Site are solely responsible for the use of such product or Service, as the case may be, and the consequences of such use. Any illegal use or resale of any products or Services listed on the Site could subject you to fines, penalties and/or imprisonment under state and federal law.
• Consumption of Hemp-Derived Cannabinoids and Drug Testing: The consumption of certain hemp products may lead to a positive drug test for tetrahydrocannabinol (“THC”) or certain cannabinoid metabolites. Apex cannot guarantee that hemp-derived products available for sale on this Site or through its licensees or other third parties do not contain traceable amounts of THC nor can we guarantee that use of our hemp-derived products will not result in failed drug screening for THC, other cannabinoids, or their metabolites. Your use of our products or Services is at your own risk. Apex is not responsible for any personal adverse employment or professional action related to your use of the products or Services.
• Content: The Site and all of our Services and all of their content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text design, graphics, logos, icons, images, video, audio, downloads, interfaces, code and software, and all other intellectual property exhibited or made available on the Site or through the provision of our Services (collectively referred to as, the “Content”), are all proprietary and are owned or controlled by us, our licensors and certain other third parties. All right, title and interest in and to the Content available on the Site or through any of our Services is the exclusive property of and owned by us, our licensors or certain other third parties, and is protected to the fullest extent by applicable intellectual property laws. We do not grant you any license or right to use the Content by providing you with access to and use of the Site or any of our Services other than as explicitly set forth herein. You are strictly prohibited from reselling, decompiling, reverse engineering, disassembling, storing, reproducing, communicating, using, displaying, distributing, exploiting, exhibiting, creating derivate works from or transmitting the Content without our prior written permission. Any unauthorized use of any of the Content in violation of these Terms of Service or the Privacy Policy is prohibited and may violate applicable intellectual property laws.
• Promotions: If we conduct any sweepstakes, contests or other promotions (“Promotions”), the terms of each such Promotion shall be governed by terms and conditions set forth on a landing page designated for the corresponding Promotion, in addition to these Terms of Service and the Privacy Policy, as the case may be.
• Apex Account Security: Certain Content, products or services available on this Site or through our Services may require you to register with us or provide us with certain information (including Personal Information) before you are able to gain access to same (an “Apex Account”). Should you elect not to provide us with such information, you may not be able to access said Content, products or services or participate in certain features of the Site or our Services.
Should you create an Apex Account, it is your responsibility to maintain the completeness and accuracy of your Apex Account information and make all necessary updates thereto to ensure the currency thereof. Moreover, you may be required to provide an email account and create a password to your Apex Account and it is your sole responsibility to maintain the confidentiality of your password and we shall not be liable for any unauthorized access to your Apex Account. You will be solely responsible for any and all conduct that occurs through the use of your Apex Account and you shall immediately inform us of any unauthorized access to or use thereof. We shall not be liable for any loss that you may incur as a result of someone else using your password or Apex Account, either with or without your knowledge. We reserve the right to suspend or deactivate your Apex Account at any time in our sole and absolute discretion, with or without notice to you, and we shall not be liable to you for any damages or losses you incur in connection with such suspension or deactivation.
• Disclaimers: THE CONTENT ON THIS SITE OR OUR SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Our obligations with respect to our products and services are governed solely by the agreements under which they are provided and nothing on this Site or the Services should be construed to alter such agreements. We further do not warrant the accuracy and completeness of the Content on this Site or the Services. We may make changes to the Content on this Site or the Services, or to the products and services described therein, including the prices therefor, at any time without notice. The Content on this Site or our Services may be out of date, and we make no commitment to update the Content on this Site or our Services. Information published on this Site or our Services may refer to products, programs or services that are not available in your jurisdiction.
• Use of Credit Card: If you wish to purchase any product or service made available through the Site or our Services, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your security code, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party service providers collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
• Product Availability: In many cases, our products and our Services are provided by our licensees or other third parties in various jurisdictions and not by us directly. We will use commercially reasonable efforts to fulfill or have such third parties fulfill all customer orders; however, we cannot guarantee availability of any particular product displayed on the Site or the availability of the Services. We also are not responsible for the quality, quantity or fulfillment on a timely basis or at all of products or Services provided by our licensees or other third parties. Not all products or Services are available in all jurisdictions. We do not warrant that the product descriptions or the prices set forth on this Site or the sites of such third parties are accurate, complete, reliable, current or free of error.
• Links to Third Party Websites: Links on this Site or other Services to third party websites (including those of our licensees) are provided solely as a convenience to you and we do not endorse or make any representations or warranties about the content, completeness or accuracy of the information provided on those third party websites. Should you decide to use such links, you agree that you are doing so at your own risk as you will leave this Site or the applicable Service. We do not control and are not responsible for any of these third party websites or their content. We encourage you to be aware when you leave our Site or other Services and to read the terms of use and privacy statements of each website that you visit. The Privacy Policy referenced in these Terms of Service applies only to information collected by this Site or our other Services.
• Limitation of Liability: IN NO EVENT WILL WE, OUR LICENSEES, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE OR IN OUR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, OUR SERVICES, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT, MATERIALS, INFORMATION OR SERVICES FROM THIS SITE OR OUR OTHER SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE OR OUR OTHER SERVICES ARE ONLY OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION AND CONTENT ON THE SITE OR OUR OTHER SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE AN OFFER OR SOLICITATION.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF ALL PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE OR SERVICES. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS THAT ACCOMPANY ANY PRODUCTS.
• Accessibility: We are committed to making our Site accessible and usable by all people, including those with disabilities and special needs. We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of the Site and Services. If you have difficulty using or accessing any element of the Site or the Services or if you have any feedback regarding accessibility of the Site or the other Services, please feel free to contact us at info@upstateelevator.com.
Users may download free documentation, reference materials, and user guides at elevatoroperators.com/terms (e.g., URL/documentation). In addition, users may request product documentation and reference materials in alternate formats.
• California Users and Residents: If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
• Miscellaneous Provisions:
• Venue/Jurisdiction. This Site and our other Services are owned and operated by Apex from within the United States of America and are not meant to subject Apex to the laws of any jurisdiction of any country other than the United States of America. You understand we reserve the right to limit, in whole or in part, our Services to any person in any jurisdiction, subject to applicable laws. These Terms of Service and all other agreements referenced herein or elsewhere on our Services including, but not limited to the Privacy Policy, are subject to the laws of the state of Florida without regard to its conflicts of laws principles. By using or accessing the Site or our Services, you consent to the exclusive jurisdiction of the federal and state courts located in Burlington, Vermont, in connection with any action or proceeding brought to enforce our rights relating to our intellectual property and/or Content or a judgment awarded pursuant to Section 17(b) below, and waive any objection to the bringing of any such action or proceeding in such court based upon lack of personal or subject jurisdiction or improper venue. All other actions or proceedings related to the Site, these Terms of Service, the Privacy Policy or our Services shall be resolved exclusively in accordance with the terms of Section 17(b) below.
• Arbitration. Except as otherwise set herein, any dispute arising out of or relating to the Site, your use of the Services, these Terms of Service, our Privacy Policy or the breach thereof shall be finally resolved by private, confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration shall be conducted in the English language in Burlington, Vermont. There shall be a single arbitrator. The arbitrators shall decide the dispute in accordance with the substantive law of the state of Florida. The parties will share equally the cost of the arbitration, but will separately pay their respective attorneys and other costs of the arbitration. Any arbitral award may be enforced in any jurisdiction. The parties hereby undertake to voluntarily comply with the arbitral award issued, as soon as it becomes final.
• Waiver of Jury Trial. THE PARTIES HERETO HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS OF SERVICE OR THE VALIDITY, INTERPRETATION OR ENFORCEMENT HEREOF. THE PARTIES HERETO AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THESE TERMS OF SERVICE AND WOULD NOT AGREE TO THESE TERMS OF SERVICE IF THIS SECTION WERE NOT PART OF THESE TERMS OF SERVICE.
• Amendment. We may, in our sole and absolute discretion, modify these Terms of Service, the Content, the Services, or the Privacy Policy or any other agreement referred to herein.
• Termination. We may, in our sole discretion, terminate or suspend your use or access to the Site, the Content, our Services or your Apex Account for any reason.
• Indemnification. You agree to indemnify and hold harmless Apex, its parents, subsidiaries, officers, employees, contractors and each of their respective officers, employees and agents from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms of Service or the Privacy Policy, or any violations hereof or thereof by your employees or agents, or which arises from the use of the Site, the Services, or any Content contained herein.
• Entire Agreement. These Terms of Service, the Privacy Policy and the other agreements referred to herein constitute the entire agreement between you and Apex and will govern your use of the Site, our Services and the Content contained therein and shall supersede any prior agreements between you and Apex relating thereto.
• Severability. If any provision of these Terms of Service, the Privacy Policy or other agreements referenced herein are held to be invalid by any applicable law, rule, order or regulation of any government or by the final non-appealable determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Service, the Privacy Policy or the applicable agreement.
• Waiver. The failure of Apex to exercise or enforce any right or provision of these Terms of Service, the Privacy Policy of other agreement referenced herein shall not constitute a waiver of such right or provision.
• Section Headings. The Section headings set forth in these Terms of Service are for convenience only and have no legal or contractual effect.
• Contacting Us. If you have any questions about these Terms of Service, this Site or the Content contained herein you may contact us by email: info@upstateelevator.com
We do not guarantee that we will receive all such communications and shall not, subject to applicable laws, be required to read, act or respond to any such email or other form of contact. Please note, your email communications to us may not be secure and shall not be treated as confidential.
Effective Date: January 1, 2023