Terms and Conditions
[Last Updated May 21, 2021]
Welcome to Apex Page Builder, a division of Xanadu Software Inc., hereafter referred to as “Company”. By using this website and/or any Company related services, products, and/or software, you agree to be bound by these terms and conditions, hereafter referred to as “Terms”. These Terms constitute an agreement which is entered into by and between Company and any individual, corporation, association, agency, company, or other entity who accesses or uses the Company website and/or its services, hereafter referred to as “you”. If you access or use the Company website on behalf of a business, you represent and warrant to Company that you have the authority to accept these Terms on behalf of that business and that that business agrees to be bound by these Terms. You also accept these Terms when creating an account, making a purchase, and/or visiting the Company website. Additional or separate terms may apply with regard to individual products purchased through the Company website. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern as it relates to the purchased product.
- Use of Website: Company authorizes you to view and use any materials accessed through the Company website, hereafter referred to as, “Content”. solely for your personal, noncommercial use. You may not copy, distribute, modify, create derivative works of, reproduce, publish, or use, in whole or in part, any Content for any commercial or other purposes except as explicitly authorized by these Terms. You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any content from the Company website, unless expressly authorized. You may not use the Company website if you are under the age of eight-teen (18).
- Software Subscription and Use: Company offers the software featured and described on the website to you for a one time on boarding fee and monthly subscription. Subscriptions to software including all files and images contained in or generated by that particular software, and the accompanying data, all of which are deemed to be licensed to you as subscriber by Company, for the sole purpose for which the software is intended. Company does not transfer either the title or the intellectual property rights to the software, Company retains full and complete title to the software as well as all intellectual property and proprietary rights therein. You may not sell, lease, lend, redistribute, modify, copy, or reproduce the software or any part thereof, nor may you decompile, reverse engineer, disassemble, tamper with, attempt to extract source code, or otherwise convert the software, or any part thereof, without expressed written consent of Company. This license granted to you by Company is revocable, non-exclusive, non-assignable, and conditioned upon your agreement to and full compliance with these Terms and any additional terms and conditions that may accompany the software. Company may terminate your right to use any such software at any time and in such event may modify or discontinue it at Company’s sole discretion. All trademarks, service marks, and logos are owned by Company and you may not copy or use them in any manner.
- Access to Website and Software Products: Company offers to its subscribers the software, as described more fully on the website, which may be accessed on the website or through related websites. Company may change, suspend, or discontinue the website or any of the software at any time, including the availability of any website, feature, product, software, or content. You are responsible for providing all hardware, ancillary software, telephone or other communications equipment and/or service to connect to the internet and access and use the Company website and the software products offered herein. You are responsible for all internet access charges, telephone charges or other fees or charges incurred in connecting to the internet and accessing the Company website and the software products offered herein. You shall be responsible for ensuring that such equipment or ancillary software are compatible with the software.
- Right to Regulate: Company retains the right, but not the obligation, to regulate access to and use the website and/or the software in its sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or termination of access/license/account. You agree not to bypass any such regulation. User further agrees that 1st Time Home Buyers Program is not liable for regulating or not regulating, and no action and/or inaction by Company constitute a waiver of its right to regulate.
- Financial Transactions: The software is made available at various price points depending on the type of software and features available. If you subscribe to a software featured on this website, you will be required to provide and maintain an active PayPal account (“Account”) from which you will be billed monthly and acknowledge and agree that Company is authorized, but not required, to act on payment instructions received from anyone using your Account. You authorize Company to initiate debits or charges against your Account monthly for the amount then due. You also acknowledge that transactions may be facilitated by a third-party payment processor (“Processor”), and agree that Company may share your information, including information about your financial accounts, with such Processor for this purpose only. You acknowledge that Company is not responsible for the information collection, usage and the disclosure practices of any Processor.
- Passwords and Accounts: Upon subscription to software, an account may be created for you depending on the software you have purchased. If an account is created, you will be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your username and password. You may not use the account, username, and/or password of someone else at any time and you agree to notify Company immediately of any unauthorized use of your account, username, or password. You acknowledge that you are responsible for all activities or actions that occur under any username, password, or account you use to access or use the website and/or the software. Company shall not be liable for any loss that you incur as a result of someone else using your username, password, or account, either with or without your knowledge.
When choosing a username, you may not choose a username that is vulgar, distasteful, inappropriate, or otherwise offensive (as determined by Company in its sole discretion), that infringes any trademark or other proprietary rights of others or impersonates another person.
- User Generated Content: The website may allow you to post content or information (“User Content”) from time to time. You retain ownership of any intellectual property rights that you hold in the User Content that you post. By submitting, posting, displaying, performing, transmitting, or otherwise distributing User Content to the website you are granting Company a license to use such User Content. In particular, you are granting Company a worldwide license to use, host, store, copy, distribute, transmit, broadcast, publicly display, publicly perform, publish, communicate, reproduce, modify, adapt, edit, translate and reformat such User Content, in any format or media now known or later developed. The rights you grant in this license are for the limited purpose of operating, promoting, and developing the website, the software, and other Company business. The rights you grant in this license also includes a right of Company to sublicense any such rights to consultants, contractors, and other third parties in connection with such purpose. This license continues even if you cease all use of the website and/or any software. You acknowledge that you will not be compensated for any User Content. You acknowledge and agree that your ability to access the website and the software from time to time constitutes sufficient consideration for this license. You agree that Company may publish or otherwise disclose your name in connection with User Content that is posted using your account. Likewise, you further agree that Company may exercise its rights under this agreement without attribution to you or anyone. By posting User Content, you warrant and represent that you own the rights to such User Content or are otherwise authorized to post, submit, display, perform, publish, transmit, or otherwise distribute such User Content.
You agree not to submit, post, upload, display, perform, transmit, or otherwise distribute any User Content that, as Company may determine in its own discretion: (a) is libelous, defamatory, fraudulent, obscene, pornographic, indecent, hateful, abusive, threatening, vulgar, distasteful, misleading, inappropriate for public use, offensive, or otherwise in violation of any laws or rights of any person or entity, including without limitation rights of publicity, rights of privacy, intellectual property rights or other rights; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or software; (d) delivers or causes to be delivered any unsolicited or unauthorized advertising, promotional materials, surveys, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation that Company considers to be of such nature; or (e) delivers or causes to be delivered viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software. Company reserves the right to terminate you’re your account and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
- Compliance with Intellectual Property Laws: You acknowledge that the copyright and other intellectual property laws of the United States, international treaties and conventions, and other laws protect this website and the software products offered herein, and you agree to abide by relevant intellectual property laws regarding ownership and use of intellectual property as they relate to this website and the software products offered therein.
- Disclaimer: COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE, THE SOFTWARE, AND ALL CONTENT AND OTHER INFORMATION, MATERIAL, AND PRODUCTS AVAILABLE “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES, OR ERROR-FREE.
- Third Party and Affiliate Websites: Company has no control over, and no liability for any third-party websites or materials. Company works with a number of third parties and affiliates whose internet sites may be linked with the Company website or through the Software. Because Company has control over the content and performance of these third party and affiliate websites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such websites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Company website and the software products offered herein, you may have access to content items including, but not limited to websites, that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, quality, transmission, copyright compliance, legality or decency of any third-party content.
Likewise, Company has no control over, and is not responsible for, the business practices or privacy policies of any third-party websites, or for the collection, use or disclosure of any information those websites may collect, even if those websites are owned or operated by affiliates of Company. Company makes no representation, recommendation, endorsement, or warranty with regard to any third-party websites.
- Limited Liability: COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUES, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES IN ALL CASES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SOFTWARE, OR INFORMATION AND CONTENT CONTAINED THEREIN. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANT OTHER LEGAL OR EQUITABLE THEORYOR CAUSE OF ACTION.
- Indemnity: You agree to indemnify, defend, and hold Company its, subsidiaries, affiliates, officers, employees, agents, partners, and licensors harmless for your acts and omissions and from any and all third party claims, losses, liability, damages, suits, judgments, and costs (including reasonable attorney’s fees and costs) arising from your access to or use of the website and/or the software, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, suit, judgment or cost.
- Investigation and Termination: You may use the website and the software only as permitted by law. To ensure that Company provides a high-quality experience for you and for other users of the website and the software, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account and/or your access to the website and the software immediately, with or without notice to you, and without liability if Company believes that you have violated any of these Terms, furnish Company with false or misleading information, or interfered with use of the website or the software in any way.
- Prohibited Uses: You are prohibited from violating or attempting to violate any security features of the website and/or the software, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the software, the website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with software to any user, host, or network, including, without limitation, by means of submitting a virus to the website or software, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the website or software to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or software; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the software; or (f) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the website and/or the software. Any violation of system or network security may subject you to civil or criminal liability or both.
- Governing Law: These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the use of the website and/or the software. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts having jurisdiction within the County of Kent, State of Michigan, or the U.S. District Court located in said state. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Remedies: You acknowledge and agree that any breach or threatened breach of these Terms by you will cause Company irreparable damage for which recovery of money damage would be inadequate and that Company may obtain timely injunctive relief to protect their rights, without bond, other security or proof of damages, in addition to any and all other remedies available at law or in equity.
- Miscellaneous Terms: If, for any reason, a court of competent jurisdiction finds any Term or condition in these Terms to be unenforceable, all other Terms and conditions shall remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If there is a conflict between these Terms and the additional Terms, the additional Terms shall control for that conflict. These Terms control the relationship between you and Company, and do not create any third-party beneficiary rights. You agree that you are not considered, and shall not represent yourself as, an agent, employee, or partner of Company. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, injunctive relief and other remedies, governing law and other miscellaneous terms.
Apex Page Builder
956 3 Mile Road NW
Grand Rapids, MI 49544
Phone Number: 866-900-2106