ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT www.ApexYachts.com (“Site”) OR ANY INFORMATION CONTAINED WITHIN THE SITEP, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").
1. Contracting parties. When you register with the Site and/or the App, you are contracting with Forte Connection SRL, a company registered in Italy whose registered office is at Via Dell Cicala 34, 07026 Porto Rotondo, Sardinia, Italy. Forte Connection SRL is referred to in these terms and conditions as "we", "us", "our" or “Apex Yachts”.
2. Passwords. You agree: to keep your username and password secure and confidential and to not allow anyone else to use your email address, username and/or password to access the Site and/or the App; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site or the App, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or the App, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You will be responsible to Apex Yachts and to others for all activity that occurs under your registration account.
4. Content. The Site and the App are intended only for the purposes specified on the Site and the App, and your use of the Site, the App and/or all content contained within the Site and the App (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Apex Yachts, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site, the App and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site, the App or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK or local law. The Site, the App and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
5. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site and/or the App, please immediately report such material (and the specific page on which it is found) to info@ApexYachts.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
6. Use of the Services. The Site and the App provide only the services detailed on the Site and the App. From time to time other services and functionalities (including those related to promotions) may be made available via third party links or other functionality but we provide no warranties regarding the Services or any such additional services and we reserve the right to withdraw any elements or functionalities at any time without liability to you.
7. Liability. You agree that the liability of Apex Yachts to you hereunder shall be limited to the greater of: (a) the amount you have actually paid to Apex Yachts for its products or services; and (b) one hundred pounds (£100). Except as set out herein, Apex Yachts shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site, the App and/or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Apex Yachts.
8. Indemnity. You agree to indemnify Apex Yachts for any loss or damage that may be incurred by Apex Yachts, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site and/or the App. You further undertake to indemnify Apex Yachts for all loss or damage incurred by Apex Yachts in relation to any third party claim against Apex Yachts for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the App.
9. Termination of this Agreement. Apex Yachts may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
10. Trade Marks. The brands, products and service names used or appearing within the Site and the App (including without limitation, "Apex Yachts”) are the trademarks or trade names of Apex Yachts or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines except as expressly approved in writing by us.
11. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site or the App in any manner. If you in any way Interfere with the Site and/or the App, you agree to pay all damages incurred by Apex Yachts. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or the App or otherwise attempts to defraud Apex Yachts or any other parties through your use of the Site or the App or services provided via the Site or the App. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your IP address or addresses at any time, and at our sole discretion to disallow your continued use of the Site and/or the App. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
12. No Partnership. Your use of the Site, the App and the Content creates no partnership, client, fiduciary or other professional relationship.
13. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
14. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder is caused by events outside our reasonable control.
15. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
16. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
17. No Assignment. You may not assign or sub-contract any of your rights or obligations under this Agreement to any third party unless agreed upon in writing by Apex Yachts.
18. Variation. This Agreement may be varied from time to time by our posting new terms on the Site and/or the App, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site or the App. Your continued use of the Site and/or the App constitutes agreement with and acceptance of any such amendment or other changes.
19. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.
20. Contacting Us. You may contact us via info@ApexYachts.com.