Welcome to Apex Academy! These Terms and Conditions ("Terms") govern your use of the Apex Academy website (apexacademy.com) and its associated services, including all online courses, learning materials, and community forums (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
Apex Academy is operated by Zenith Education Group, located at 45 Innovation Drive, Suite 200, San Jose, CA 95134. Our contact email is [email protected], and our phone number is (408) 555-0100. These Terms are effective as of January 1, 2025.
We may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Apex Academy website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates. We will make reasonable efforts to notify you of significant changes, such as by email or through a prominent notice on our website.
To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify Apex Academy immediately of any unauthorized use of your account or any other breach of security.
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the Services by any other person. Prohibited behavior includes, but is not limited to:
All content included on the Services, such as text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Apex Academy or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Services is the exclusive property of Apex Academy and protected by U.S. copyright laws.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, without the prior written consent of Apex Academy.
Enrollment in courses offered by Apex Academy grants you a limited, non-exclusive, non-transferable license to access and view the course content for your personal, non-commercial use. This license is subject to your compliance with these Terms and any additional terms specified for a particular course. You acknowledge that the courses are intended for individual use and are not to be shared or redistributed without explicit permission from Apex Academy.
Apex Academy reserves the right to modify, suspend, or terminate access to any course, or the entire learning platform, at any time and for any reason. We will provide reasonable notice whenever possible, but circumstances may arise where immediate action is necessary.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APEX ACADEMY, ZENITH EDUCATION GROUP, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APEX ACADEMY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES EXCEED THE AMOUNT YOU PAID TO APEX ACADEMY FOR ACCESS TO THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The services are provided on an "as is" and "as available" basis. Apex Academy makes no warranties, expressed or implied, regarding the services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the services will be uninterrupted, secure, or free of errors. You acknowledge and agree that your use of the services is at your sole risk.
You agree to defend, indemnify, and hold harmless Apex Academy, Zenith Education Group, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California to resolve any dispute arising out of or relating to these Terms or the Services.
These Terms constitute the entire agreement between you and Apex Academy concerning the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Apex Academy with respect to the Services.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Apex Academy's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
You may not assign these Terms without the prior written consent of Apex Academy, and any unauthorized assignment shall be null and void. Apex Academy may assign these Terms, in whole or in part, at any time without notice to you.