The Apex Credit Partners LLC (“Apex” “we,” or “us”) website at www.apexcreditpartners.com (the “Website”) is designed for your own use in reviewing information about Apex. This User Agreement is a binding agreement between you and Apex, and governs your access and use of the Website, which includes any text, graphics, user interfaces, information, data, tools, products, services and other content (together, “Content”) available on or through the Website. By accessing the Website, you agree to the terms and conditions outlined herein. If you do not agree to be bound by and comply with these terms, do not use the Website.
Limitations on Use
Apex grants you a limited right to use the Website. Your right to use the Website is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason we may revoke your right to use all or any portion of the Website. You may not violate or attempt to violate the security of the Website.
The Website is owned by Apex, its affiliates and/or third parties. The Website Content is protected by one or more copyrights, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Apex, its affiliates and/or third parties. You may not remove any copyright, trademark, or other proprietary notice or legend contained on (or printed from) the Website. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Website except as explicitly permitted in this User Agreement. You may discuss information you learn from the Website with your financial, legal or tax advisors, and others with whom you share investment decision. The contents herein may not be reprinted, sold or redistributed without the written consent of Apex.
This material is provided for informational purposes only and is not an offer or solicitation of any investments or investment services. Nothing on the Website is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. This material is not intended to provide specific financial, investment, tax, legal or accounting advice for you, and should not be relied upon in that regard. You should not act or rely on the information without seeking the advice of a professional. We do not give any advice or make any representations through the Website as to whether any security or investment is suitable to you or will be profitable. The past performance of any investment, investment strategy or investment style is not indicative of nor a guarantee of future performance.
The website content has been prepared by Apex employing appropriate expertise, and in the belief that it is clear, fair and not misleading. Except for any obligation under applicable rules, we do not guarantee its accuracy.
Apex disclaims all warranties with respect to the Website that the law allows it to disclaim. The information, products and services on the Website are provided on an “AS IS,” “WHERE IS” and “WHERE AVAILABLE” basis. Apex makes no warranty, express or implied, concerning the information or services provided herein, including warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and proprietary rights. Without limiting our general disclaimer, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery of the Website or any part of the content.
Limitation of Apex’s Liability
Apex’s liability with respect to the Website is limited to the maximum extent permitted by law. In no event will Apex or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages, however caused, arising out of this User Agreement, the Website, the Content or the inability to use the Website. Our liability is limited even if we have been advised of the possibility of the damages you suffer or if any remedy you have fails in its essential purpose. You agree we are not liable for any action you take or decision you make in reliance on any Content. Under all circumstances, the maximum liability of Apex, its agents and employees to any user of the Website with respect to the Website is $100. This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alternation of or use of any asset, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Neither Apex, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility for any loss or damage that you incur in the event of any failure or interruption of the Website, or resulting from the act or omission of any other party involved in making the Website, the data contained herein or the products or services offered on the Website available to you, or from any other cause relating to your access to, inability to access, or use of the website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Apex or of any vendor providing software or services.
Although the information provided to you on the Website is obtained or compiled from sources we believe to be reliable, Apex cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Apex nor any of its third party providers shall have any responsibility to maintain the data and services made available on the Website or to supply any corrections, updates, or releases even if we are aware the Content is inaccurate, outdated, or otherwise inappropriate. Dated Content speaks only as of the date indicated. Availability of data and services are subject to change without notice.
Apex cannot and does not guarantee continuous, uninterrupted or secure access to the Website. We make reasonable efforts to avoid technological problems, but at any time, the Website may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any loss or damage that could result from interception by third parties of any information or services made available to you via the Website. We make reasonable efforts to ensure that the Website is secure, but we do not guarantee the security the Website. We are not liable for any defects delays or errors in or resulting from your use of the Website. All or any portion of the Website may not be available and may not function properly at any time.
User’s Liability to Apex
You will be responsible for any liability to Apex that arises out of your breach of this User Agreement or your use of the Website. You agree to indemnify, defend and hold harmless Apex and its affiliates, agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to (i) your use of the Website; (ii) your breach of this User Agreement or any representation, warranty, or covenant made by you in this User Agreement, (iii) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or (iv) claims asserted by third parties that, if proven, would place you in breach of representations, warranties, covenants, or other provisions contained in this User Agreement.
User’s Representations and Warranties
You make certain representations and warranties regarding your use of the Website. You represent and warrant that (i) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement; (ii) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; and (iii) you will not delete any Content.
Information Obtained from Third Parties
The Website may contain information obtained from third parties. Apex is not responsible for information on any third party web site that is referenced in, or is accessible or connected by hyperlink to, the Website. We do not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party. If you access any third party web site through the Website or otherwise, you do so at your own risk. Hyperlinks to or from the Website do not constitute third party endorsement of, sponsorship by or affiliation with us.
Reproduction and distribution of third party content in any form is prohibited except with the prior written permission of the related third party. Third party content providers do not guarantee the accuracy, completeness, timeliness or availability of any information, and are not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such content. Third party content providers give no express or implied warranties, including, but not limited to, any warranties of merchantability or fitness for a particular purpose or use. Third party content providers shall not be liable for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including lost income or profits and opportunity costs) in connection with any use of their content. They do not address the suitability of securities or the suitability of securities for investment purposes, and should not be relied on as investment advice.
At Apex, we understand that our relationship with you is based on trust. This is reflected in everything we do; including the way we handle our clients’ nonpublic personal information. Subject to legal, regulatory or other governmental requirements, it is our policy not to disclose any of your nonpublic personal information to third parties without your consent, unless those parties are providing services or support to us and have agreed to keep your nonpublic personal information confidential. Examples of these parties include, but are not limited to, the Fund administrator, attorneys and accountants and affiliates thereof. Even if you cease to transact business with us, we will continue to apply the same protections to your nonpublic personal information as we did when you were an active client.
Apex protects your nonpublic information from access by third parties by maintaining physical, electronic and procedural safeguards. We limit access to your information to those employees who are trained in the proper handling of nonpublic client information and who need access to the information to perform their job functions.
Apex has the right, but not the obligation, to monitor and record activity on the Website and respond as it deems appropriate. We may monitor and record activity on the Website for any reason or for no reason. We may investigate any complaint or reported violation of our policies and may report any activity we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities we deem appropriate. We may issue warnings, suspend or terminate use of the Website, deny access to all or part of the Website or take any other action we deem appropriate.
Enforceability and Governing Law
You will be bound by revised versions of this User Agreement that Apex posts on the Website. Modifications will be effective immediately upon posting unless we indicate otherwise. Your use of the Website indicates your full acceptance of the User Agreement in its then-current form each time you use the Website.
In the event any of the terms or provisions of this disclaimer shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. We may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under the User Agreement. Any purported assignment of the User Agreement in violation of its terms is void. This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and Apex concerning the subject matter hereof.
Your access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of New York. Any action against Apex arising from or relating to your access to and use of the Website must be brought by you in state or federal court located in the State of New York, County of New York. You consent to the jurisdiction and venue of the state and federal courts located within the State of New York, County of New York, for the adjudication of all claims by Apex against you arising from or relating to your access to and use of the Website and the provisions of this disclaimer.