Terms and Conditions
(Effective Date: March 29, 2021)
Welcome to Apex Pergola Design!
Please read these terms of use (“terms of use,” “terms”) carefully before using www.apexpergola.com (“website,” “service”) operated by Frazee Media, LLC d/b/a Apex Pergola Design (“us,” “we,” “our,” “Company”).
Conditions of Use
Disclaimer
The Website is provided on an “as-is,” “as-available” basis. Neither our Company nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively “affiliates”) warrant that use of the Website will be uninterrupted or error-free.
Neither our Company nor its affiliates warrant the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. We only grant use and access of this website, its products, and its services to those who have accepted its terms.
We stand by the quality of our products and are confident that you will be satisfied with your purchase. If, for any reason, you are not happy with our products, we offer a 30-day, risk-free, money-back guarantee. Simply contact us with your concerns and we will process a refund for the full purchase price to the original payment method.
Privacy Policy
Before you continue using our website, we advise you to read our Privacy Policy regarding our user data collection. It will help you better understand our practices.
Age Restriction
You must be at least thirteen (13) years of age before you can use this website. By using this website, you warrant that you are at least thirteen (13) years of age and you may legally adhere to this Agreement. We assume no responsibility for liabilities related to age misrepresentation.
Intellectual Property
You agree that all materials, products, and services provided on this website are the property of Frazee Media, LLC (d/b/a Apex Pergola Design), its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the intellectual property in any way, including electronic, digital, or new trademark registrations.
You grant us a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the Company in order to come to an agreement.
Company shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
User Accounts
As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly.
Company reserves the right to monitor all Comments and to remove any Comments that can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Company a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
We reserve all rights to terminate your use of this website, edit or remove content and in our sole discretion.
Applicable Law
By visiting this website, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might come between us and you, or our business partners and associates.
Disputes
Any dispute related in any way to your visit to this website shall be arbitrated by state or federal court in the State of Illinois and you consent to exclusive jurisdiction and venue of such courts.
Indemnification
You agree to indemnify Company and its affiliates and hold us harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
Limitation on Liability
We are not liable for any damages that may occur to you as a result of your misuse of our website. We reserve the right to edit, modify, and change this Agreement any time. We shall let our registered users know of these changes through electronic mail or by updating this Agreement on the website. This Agreement is an understanding between the Company and the user, and this supersedes and replaces all prior agreements regarding the use of this website.