Last updated: 11/01/2020
1. INTRODUCTION AND DEFINITION OF TERMS
A. Your consent and Proper use of the site
C. Modification or Termination
D. “Contact Us” Page
If you want to send secure electronic messages to us, and receive secure electronic messages from us, please use the secure message function available on this Site.
Emails you send to us are transmitted unencrypted over the public Internet. Therefore, please do not send an email to us that includes any sensitive information that an unauthorized third party could use to harm you. Sensitive information may include your social security number, date of birth, address, and any account number for a deposit account or loan you have with a financial institution. If you send an email to us, then you agree and consent that we can reply using unencrypted emails delivered by the public Internet that contain non-public information about you that we determine in our discretion is responsive to any email message you send to us.
3.CONSENT TO ELECTRONICE SIGNATURES, RECORDS, NOTICES, AND COMMUNICATIONS
A. Your Consent
To the extent permitted by applicable law, you consent to the use of electronic signatures and to the electronic receipt of all records, notices, communications, and other items which we may otherwise be required to send or provide you in paper form (e.g., by mail) for this Site, the Services, and your other relationships with us (collectively, “Communications”). We will provide Communications to you by posting them on this Site and/or by emailing them to you at the email address you provide to us. Apex reserves the right, in its sole discretion, to communicate with you in paper form.
By providing your mobile phone number, you consent to receive direct dial calls, auto dialed and pre-recorded message calls relating to the Services and your financing relationship with us at that number. You may withdraw your consent to such calls at any time by contacting us at 770-406-8680.
Additionally, by providing your mobile phone number, you consent to receive text messages relating to the Services and your financing relationship with us at that number. You may withdraw your consent to receiving such text messages at any time by replying with “STOP” to any text message we send you. If you revoke your consent to receiving text messages as described in this paragraph, you will receive a single confirmation text confirming that we have received your revocation. Revocation of consent to receive text messages as set forth in this paragraph applies only to text messaging and DOES NOT constitute revocation of consent for direct dial calls, auto-dialed calls or pre-recorded message calls, which consent must be revoked as set forth in the preceding paragraph. Please also note that your mobile carrier’s standard text message and data charges may apply; you are responsible for any fees charged by your mobile carrier if we contact you.
B. Your Right to Withdraw Consent
Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at 770-406-8680. If you withdraw your consent to receive Communications electronically, Apex reserves the right to restrict or prohibit your use of this Site and the Services or charge you a fee for paper copies of Communications. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by Apex to you before the withdrawal of your consent becomes effective.
C. You Must Keep Your Email Address Current with Us
In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your contact information by updating your Profile on this Site or by contacting us 770-406-8680. You understand and agree that if we send you an electronic Communication but you do not receive it because your contact information is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.
D. Printing and Requesting Paper Copies
You may print paper copies of any Communication provided to you electronically. In addition, you may request a paper version of any electronic Communication by contacting us at 770-406-8680.
E. Hardware and Software Requirements
In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer (Microsoft), Edge (Microsoft), Firefox (Mozilla), Safari (Mac), or Chrome (Google). Users utilizing other (or outdated versions of) browsers may experience compatibility difficulties; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and retain records in paper form or electronic storage to retain records in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this document accordingly. You should retain a copy of all Communications that we send to you electronically.
In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Edge (Microsoft), Firefox (Mozilla), Safari (Mac), or Chrome (Google). Users utilizing other (or outdated versions of) browsers may experience compatibility difficulties; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and retain records in paper form or electronic storage to retain records in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this document accordingly. You should retain a copy of all Communications that we send to you electronically.
4.TRADEMARKS AND COPYRIGHT
This Site contains trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers and similar intellectual property (collectively, “Trademarks”) that are registered and unregistered Trademarks of Apex or one or more of our affiliates or other parties.
You are prohibited from displaying or using any Trademarks for any purpose, including, without limitation, as metatags on other pages or sites on the Internet without our prior written consent (which may be withheld in our discretion) or such third party which may own the Trademarks.
All Content and compilations thereof, including any software programs available on or through this Site, is protected by U.S. and foreign copyright laws and international conventions and may not be sold, licensed, sublicensed, used to create derivative works, reproduced, copied, edited, published, distributed, displayed, transmitted, uploaded or downloaded, modified, altered or removed in any way without our approval, which we may withhold in our discretion. Without limiting the foregoing, nothing on this Site, including, without limitation, the Content and compilations thereof, including any software programs available on or through this Site, may be reposted to another website or location external to this Site and you are prohibited from using the same for any commercial or public purposes.
5. LINKED SITE
This Site may include links to sites that we do not own or control. Such links may allow you to leave this Site to access material or information provided by others or may bring material or information provided by others into display on this Site. (In either case, we refer to such a site as a “Linked Site.”). You acknowledge that we have no discretion, including, without limitation, the power, authority, or ability, to alter, update, control or otherwise regulate the content of features on or available through a Linked Site. The fact that we provide access at any time to a Linked Site does not represent our endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners, or its providers.
There are inherent risks in relying upon, using, or retrieving any information found on the Internet and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site. Use of a Linked Site is at your sole and exclusive risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, COVENANTS, ASSURANCES, AND CONDITIONS OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY FOR, AND IN CONNECTION WITH, ALL THE CONTENT ON THIS SITE (INCLUDING THE SERVICES AND ANY SOFTWARE PROGRAMS AVAILABLE ON OR THROUGH THIS SITE)) AND ALL CONTENT, PRODUCTS, SERVICES, MATERIAL AND INFORMATION OF ANY KIND OBTAINED FROM A LINKED SITE.
WITHOUT LIMITATION, WE DO NOT ENDORSE AND WE ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON OR THROUGH THIS SITE BY ANY PARTY OTHER THAN US, (B) ANY CONTENT, PRODUCTS, SERVICES, MATERIAL, OR INFORMATION OF ANY KIND OBTAINED FROM A LINKED SITE, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY CONTENT, PRODUCT, SERVICE, MATERIAL, OR INFORMATION OF ANY KIND OBTAINED FROM A LINKED SITE.
WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE,” AND “WHEN AVAILABLE” BASIS, SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE.
7.LIMITATION OF OUR LIABILITY
In addition to and without limiting any of the foregoing, we will have no liability for any failure or delay resulting from any condition beyond our reasonable control, including, without limitation, governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, and Internet disturbances.
8.OUR RIGHT TO USE CERTAIN INFORMATION YOU TRANSMIT TO US
9.PROHIBITED USES OF SITE OR LINKED SITE
A. Prohibited Uses
You agree that you will not alter any information contained on this Site and will not use (or allow others to use) this Site or any Content or information obtained from it for any wrongful, unauthorized, illegal, or unlawful purpose. You agree to indemnify and hold us harmless from and against any loss, damage, or expense (including reasonable attorneys’ fees) arising from or related to your actions in violation of this section.
B. Our Disclosure of Content
10.PRIVACY OF CHILDREN
This Site is intended for individuals who are at least 13 years old. We do not knowingly collect information from individuals under the age of 13 and do not target this Site to children under that age. If you are under the age of 13 years old, you should not visit or use any part of this Site.