Terms of Service

Last Updated: January 1, 2024

1. Acceptance of Terms

By accessing and using the website located at apex-duct-systems.com (the "Site"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these terms, please do not use this Site.

Your continued use of the Site following the posting of any changes to these terms will be deemed your acceptance of those changes. We recommend that you review these Terms of Service periodically to stay informed of any updates.

2. Description of Service

Apex Duct Systems LLC provides this Site as an informational resource for our HVAC ductwork fabrication, installation, and maintenance services. The Site offers information about our company, services, capabilities, and contact information for potential clients seeking commercial and industrial HVAC solutions.

The Site may include service descriptions, project galleries, contact forms, and other content related to our business operations. All services described on this Site are subject to separate service agreements and contracts.

3. Eligibility

This Site is primarily intended for commercial, industrial, and institutional entities seeking HVAC ductwork services. By using this Site, you represent that:

• You are at least 18 years of age
• You are accessing the Site for legitimate business purposes
• You have the authority to bind any entity on whose behalf you are accessing the Site
• Your use of the Site complies with all applicable laws and regulations

4. User Responsibilities

As a user of this Site, you agree to:

• Provide accurate and truthful information when submitting inquiries or contact forms
• Use the Site only for lawful purposes and in accordance with these Terms of Service
• Respect the intellectual property rights of Apex Duct Systems LLC and third parties
• Not interfere with or disrupt the operation of the Site or servers or networks connected to the Site
• Not attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site

5. Prohibited Uses

You may not use the Site:

• For any unlawful purpose: Including but not limited to fraud, harassment, or violation of any federal, state, or local laws
• To transmit spam or unsolicited communications: Including bulk marketing messages, chain letters, or any form of advertising without our prior written consent
• To attempt to access secure areas: You may not attempt to circumvent security features, access protected areas, or probe, scan, or test the vulnerability of the Site or any connected systems
• To interfere with site operation: You may not upload viruses, malware, or other harmful code, or take any action that imposes an unreasonable load on our servers or infrastructure
• To collect personal information: You may not harvest, collect, or gather personal information about other users without their consent
• To impersonate others: You may not misrepresent your identity or affiliation with any person or entity

6. Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Apex Duct Systems LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The Apex Duct Systems name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Apex Duct Systems LLC. You may not use such marks without the prior written permission of Apex Duct Systems LLC.

You are granted a limited, non-exclusive, non-transferable license to access and view the content on this Site for personal, non-commercial use only. You may not:

• Reproduce, modify, distribute, or create derivative works based on the Site content
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
• Delete or alter any copyright, trademark, or other proprietary rights notices
• Access or use for any commercial purposes any part of the Site or any services or materials available through the Site

7. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, APEX DUCT SYSTEMS LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, completeness, or timeliness of any content
• Warranties that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components
• Warranties regarding the correction of any defects or errors

No advice or information, whether oral or written, obtained by you from the Site or from Apex Duct Systems LLC personnel shall create any warranty not expressly stated in these Terms of Service.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX DUCT SYSTEMS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Site
• Any conduct or content of any third party on the Site
• Any content obtained from the Site
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our aggregate liability to you for all claims exceed the amount you paid, if any, to access the Site. Because some jurisdictions do not allow the exclusion or limitation of certain damages, some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Apex Duct Systems LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms of Service, or your violation of any third-party right.

9. Third-Party Services & Links

The Site may contain links to third-party websites or services that are not owned or controlled by Apex Duct Systems LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Any transactions you undertake with third parties found through our Site are solely between you and the third party. Apex Duct Systems LLC shall not be liable for any loss or damage caused by your reliance on information obtained from third-party websites or services.

10. Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to the Site, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms of Service.

Upon termination, your right to use the Site will immediately cease. Provisions of these Terms of Service which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law

These Terms of Service and any dispute arising out of or related to these terms or your use of the Site shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms of Service will be brought exclusively in the state or federal courts located in Coweta County, Georgia, and you consent to personal jurisdiction and venue therein.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

14. Severability

If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Apex Duct Systems LLC regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such use.