Ultrex Siding System: Composite Fiberglass Siding

Terms of Use

1. Introduction

APEX Siding Systems LLC ("APEX") operates this Web site (the "Site") to provide online access to information about APEX Siding.

By accessing and using the Site, you agree to each of these terms and conditions ("Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content or interactions may also be posted in particular areas of the Site and govern your use of those areas. Any such additional terms and conditions incorporate these Terms of Use.

APEX reserves the right to modify the Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date the Terms of Use were revised is set forth below.

2. INTELLECTUAL PROPERTY

The Service, the Site, and all information and/or content that you see, hear or otherwise experience on or download from the Site, including without limitation all design drawings and product specifications, (collectively, the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to APEX or its parent, affiliates, licensors, contributors or third parties. Product specifications are the exclusive property of APEX.

You may use the Site, the Service and the Content solely for your personal or internal, non-commercial use. You may download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own personal or internal, non-commercial use; (2) except as provided in this Agreement, do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media or modify or create derivative works of any Content; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. APEX reserves complete title and full intellectual property rights in all Content.

"Screen scraping" or "database scraping" to obtain lists of users or other information is prohibited. You may not mirror or frame any page of this Site on any other Web site or Web page. You may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

3. DISCLAIMER OF WARRANTIES

APEX MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. APEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT. APEX DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. APEX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

4. ADDITIONAL DISCLAIMERS

1. Third Party Links. Links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by APEX of the third party, the third-party Web site, or the information contained therein, unless expressly stated on the Site. APEX is not responsible for the availability of any such Web sites. APEX does not endorse or warrant, and is not responsible or liable for, any such Web site or the content thereon.
2. Downloading Files. APEX cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with the user.
3. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. APEX therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. APEX does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

5. LIMITATION OF LIABILITY

IN NO EVENT WILL APEX, ITS PARENT, OR THEIR AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF APEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, APEX', ITS PARENT'S AND THEIR AFFILIATES' LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED FIFTY DOLLARS ($50.00).

6. INDEMNIFICATION

You understand and agree that you are personally responsible for your interactions with the Site. You agree to indemnify, defend and hold harmless APEX, its parent company, their affiliates, and their respective distributors, dealers, business partners, licensors, employees, and agents from and against any and all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, the Content, or any violation by you of this Agreement.

7. USER CONDUCT

You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.

8. USER SUPPLIED INFORMATION

If you supply or post any information or material via the Site, you guarantee to us that you have the legal right to supply post such material, and that it will not violate any law or the rights of any person or entity. By supplying or posting material via the Site, you give APEX the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

9. PRIVACY STATEMENT

Click to see APEX's Privacy Statement.

10. GENERAL PROVISIONS

A. Entire Agreement/No Waiver. The Terms of Use (including any additional terms or conditions applicable to specific areas, content, or interactions) constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by APEX of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
B. Enforcement/ Choice of Law/ Choice of Forum. Every part of this Agreement shall be construed as valid and enforceable. If any part of this Agreement, so construed, is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Terms of Use, APEX's Privacy Statement, your use of the Site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the state of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued exclusively in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
C. Claims of Copyright Infringement. You agree to immediately notify APEX of any claimed copyright infringement. You further agree to provide APEX's copyright agent with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512. APEX's Copyright Agent for notice of claims of copyright infringement on or relating to the Site can be reached either by:

1. Sending an e-mail request to APEX Siding Systems
2. Sending a letter via the U.S. Mail to:

APEX Siding System
Attn: Customer Service
P.O. Box 2712
Fargo, ND 58102

DATE OF LAST MODIFICATION
Feb 13, 2015