Legal

Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the Apex Gold Properties website, including ApexGoldProperties.com, and any forms, content, communications, or other features made available through the website (collectively, the “Website”). The Website is operated by Apex Gold Properties LLC (“Apex Gold Properties,” “Apex,” “we,” “us,” or “our”).

By accessing or using the Website, submitting information through the Website, or communicating with Apex through a Website feature, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Website or submit information through it.

1. Purpose of the Website

Apex Gold Properties is a direct real estate buyer. The Website allows property owners and other visitors to learn about Apex, submit property information, and request that Apex evaluate a potential purchase opportunity.

The Website is for general informational and business-intake purposes. Submitting information does not obligate you to sell property, does not obligate Apex to purchase property, and does not create an agency, brokerage, fiduciary, partnership, joint venture, employment, or other relationship except as expressly established in a separate written agreement signed by the applicable parties.

2. No offer or obligation to purchase

Information on the Website is not an offer to purchase any property and is not a guarantee that Apex will make an offer. Apex may accept, reject, or decline to evaluate any inquiry or property for any reason, subject to applicable law.

Any price, valuation, estimate, term, timeline, or other information communicated before a final written agreement is signed is preliminary, may change, and is not binding on Apex. A property transaction becomes binding only through a separate written purchase agreement or other transaction document signed by the parties with authority to do so.

If a separate purchase agreement, disclosure, title document, closing document, or other written transaction agreement conflicts with these Terms, the separate agreement controls for that transaction. These Terms continue to govern your use of the Website.

3. Property information and user submissions

You are responsible for the information you submit or otherwise provide to Apex. You represent and warrant that:

the information is accurate and not materially misleading to the best of your knowledge;
you have the right to provide the information;
you will promptly correct material inaccuracies that you discover;
you will not submit information that violates another person’s privacy, publicity, contractual, or other rights; and
you will not submit malicious code, harmful files, or information intended to disrupt, damage, or compromise the Website or our systems.

You retain ownership of information and materials that you submit, subject to the rights granted below. You grant Apex a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, copy, store, reproduce, review, transmit, format, analyze, and use your submissions as reasonably necessary to operate the Website, evaluate a property, communicate with you, administer a potential transaction, provide services through our service providers, comply with law, protect our rights, and perform the purposes described in our Privacy Policy.

You should not submit Social Security numbers, bank-account information, passwords, or other highly sensitive information through the Website or ordinary email. If sensitive information is required for a transaction, Apex may direct you to a secure process or to a title, escrow, closing, legal, or other professional service provider.

4. Property information and independent verification

Property information displayed on or obtained through the Website may come from public records, government sources, third-party databases, property-data providers, or information supplied by users. Such information may be incomplete, outdated, inaccurate, or subject to correction.

Apex does not warrant that property ownership, boundaries, acreage, zoning, taxes, liens, access, utilities, buildability, environmental conditions, title status, market value, or other property information is accurate or complete. You are responsible for independently verifying information and obtaining advice from qualified legal, tax, title, surveying, engineering, environmental, financial, or other professionals before making a property or transaction decision.

Apex may act as a potential buyer and is not acting as your real estate agent, broker, attorney, appraiser, tax adviser, financial adviser, or fiduciary unless a separate written agreement expressly states otherwise.

5. Communications, calls, texts, and recordings

If you provide contact information or request communication, Apex may contact you about your inquiry, a potential property transaction, or related administrative matters in accordance with applicable law and any consent you provide.

Communications may involve automated technology, prerecorded messages, an artificial or AI-generated voice, an automated assistant, or human representatives. Calls may be recorded, monitored, transcribed, or reviewed for quality assurance, training, documentation, security, compliance, and transaction purposes. Where required by law, Apex will provide an appropriate disclosure and obtain any required permission.

Consent to receive calls or text messages is not a condition of selling property to Apex. However, if you do not provide or later withdraw consent, Apex may be unable to communicate with you through those channels or continue certain portions of the inquiry process by telephone or text. You may withdraw consent or request that communications stop as described in our Privacy Policy.

You may choose to sign up for recurring marketing messages and offers via text message from Apex Gold Properties about Real Estate Services. By subscribing to this text messaging program, you consent to receiving text marketing messages at the mobile number you provided.

We may from time to time transition the number/message platform a text is sent from (i.e. a short code, long code, toll-free number, etc.) to another number/message platform. Each time we will promptly disclose all opt-out information and other legally required information regarding the transition.

You can stop receiving text messages at any time. Just text "STOP" to the number the text was sent from. After you text "STOP", you will receive a text to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. Opting out of one form of communication does not mean you've opted out of other forms as well. For example, if you opt out of receiving text messages, you may still receive marketing email messages if you've opted in to receiving them. If you want to join again, just sign up as you did the first time, and we will start sending text messages to you again.

If you are experiencing issues with our messaging program, you can reply with the keyword HELP for more assistance. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies.

If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Policy. For the avoidance of doubt, our Terms apply to our text messaging program, including the agreement to arbitrate, jury and class action waiver, and limitations on our liability.

6. Acceptable use

You may use the Website only for lawful purposes and in accordance with these Terms. You may not:

violate any applicable federal, state, local, or international law or regulation;
submit false, deceptive, fraudulent, or misleading information;
impersonate another person or entity or misrepresent your affiliation with anyone;
access or use another person’s information without authorization;
interfere with, burden, disable, overrun, or impair the Website or its security;
introduce malware, viruses, bots, spiders, crawlers, scraping tools, or other automated means except as expressly authorized by Apex;
attempt to gain unauthorized access to any account, system, network, data, or non-public portion of the Website;
reverse engineer, decompile, disassemble, or attempt to derive source code from the Website, except where such restriction is prohibited by law;
copy, frame, mirror, republish, distribute, sell, license, or exploit the Website or its content without written permission;
use the Website to send spam, unwanted solicitations, or unlawful communications; or
use information obtained from the Website to harass, defraud, stalk, threaten, or otherwise harm another person.

7. Intellectual property

The Website and its content, including text, design, graphics, logos, photographs, videos, software, layout, trademarks, service marks, and other materials, are owned by Apex Gold Properties or its licensors and are protected by applicable intellectual-property laws.

Subject to these Terms, Apex grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Website for your personal or legitimate property-related purposes. No license or ownership interest is granted except as expressly stated in these Terms. Apex’s names, logos, and marks may not be used without prior written permission.

If you believe material on the Website infringes your copyright or other rights, contact us at info@apexgoldproperties.com with sufficient information for us to evaluate the concern.

8. Third-party services and links

The Website may rely on or link to third-party websites, platforms, data sources, communications systems, document-signing tools, property-information services, title or closing providers, and other services. Apex does not control and is not responsible for third-party services, content, availability, security, privacy practices, terms, or performance.

Your use of a third-party service may be subject to that provider’s separate terms and privacy policy. A link or reference does not constitute an endorsement, sponsorship, recommendation, or guarantee by Apex.

9. Website availability and changes

The Website is provided on an “as available” and “as is” basis. Apex may modify, suspend, restrict, or discontinue any portion of the Website at any time, with or without notice. Apex does not guarantee that the Website will be uninterrupted, timely, secure, error-free, free of harmful components, or available at any particular time or location.

You are responsible for obtaining the equipment, internet connection, software, and services necessary to access the Website and for any related charges.

10. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT, INFORMATION, FEATURES, AND COMMUNICATIONS MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY LAW, APEX DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

APEX DOES NOT WARRANT THAT THE WEBSITE, ITS CONTENT, PROPERTY INFORMATION, ESTIMATES, COMMUNICATIONS, OR ANY LINKED OR THIRD-PARTY SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE A PARTICULAR RESULT. NOTHING ON THE WEBSITE IS LEGAL, TAX, APPRAISAL, ENGINEERING, ENVIRONMENTAL, TITLE, FINANCIAL, OR INVESTMENT ADVICE.

Nothing in these Terms excludes or limits any warranty, right, remedy, or liability that cannot lawfully be excluded or limited.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, APEX GOLD PROPERTIES LLC AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND TRANSACTION PROFESSIONALS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, DATA, GOODWILL, OR EXPECTED SAVINGS, ARISING OUT OF OR RELATED TO:

your access to or use of, or inability to access or use, the Website;
any content, property information, estimate, communication, or submission;
any transaction decision or failure to complete a potential transaction;
any third-party website, service, data, or provider; or
any unauthorized access, interruption, delay, error, omission, virus, or other harmful component.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF APEX ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO APEX, IF ANY, FOR USE OF THE WEBSITE DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply regardless of the legal theory asserted and even if Apex was advised that the damages were possible. They do not limit liability that cannot lawfully be limited, including liability for intentional misconduct or any other liability that applicable law makes non-waivable.

12. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Apex Gold Properties LLC and its owners, members, managers, officers, employees, contractors, agents, affiliates, service providers, licensors, and transaction professionals from and against any claims, demands, actions, proceedings, damages, judgments, losses, liabilities, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

your breach of these Terms;
your misuse of the Website;
your violation of applicable law or the rights of another person or entity;
information or materials you submit or provide;
your fraud, negligence, willful misconduct, or unauthorized conduct; or
your property, ownership, title, transaction, or other dispute with another person or entity.

Apex will provide reasonably prompt notice of a covered claim, but a delay in providing notice will not relieve you of your obligations except to the extent the delay materially prejudices your defense. Apex may participate in the defense with counsel of its choice. You may not settle a covered claim in a way that admits fault by, imposes an obligation on, or restricts the rights of Apex without Apex’s prior written consent.

13. Privacy

Our collection and use of personal information are described in our Privacy Policy, which is incorporated into these Terms by reference. If these Terms and the Privacy Policy conflict regarding personal-information practices, the Privacy Policy controls for those practices.

14. Electronic communications and signatures

When you use the Website, submit a form, or communicate with Apex electronically, you consent to receive electronic communications relating to your inquiry, potential transaction, account, security, or administrative matters, subject to applicable law and any communication preferences or consent requirements.

Electronic communications may include notices, disclosures, confirmations, records, and transaction-related documents. An electronic record or signature may be used where permitted by law. A separate written purchase agreement or other transaction document may impose additional requirements for signatures, notices, delivery, or recordkeeping.

15. Suspension and termination

Apex may suspend or terminate your access to the Website, refuse service, remove submissions, or block activity if Apex reasonably believes you violated these Terms, created risk, engaged in unlawful or abusive conduct, or otherwise misused the Website. Apex may take these actions with or without notice to the extent permitted by law.

Sections that by their nature should survive termination will survive, including provisions concerning submissions, intellectual property, disclaimers, limitation of liability, indemnification, governing law, venue, and general provisions.

16. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by the laws of the State of Ohio, without regard to conflict-of-law rules. Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any such separate agreement shall be resolved in the Court System of Highland County in the State of Ohio, except to the extent applicable law requires a different court or venue.

To the fullest extent permitted by law, you consent to personal jurisdiction in the applicable courts serving Highland County, Ohio, waive your right to bring an action in another venue, and forfeit your right to oppose a motion to transfer if such action is brought in another venue. If federal subject-matter jurisdiction is required, the dispute shall be brought in the federal court having jurisdiction over Highland County, Ohio, subject to applicable venue law.

17. General provisions

Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Apex regarding your use of the Website, except for separate written agreements that apply to a specific transaction or service.

Severability. If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

No waiver. Apex’s failure to enforce a provision is not a waiver of its right to enforce that provision later.

Assignment. You may not assign or transfer your rights or obligations under these Terms without Apex’s prior written consent. Apex may assign these Terms in connection with a reorganization, financing, merger, acquisition, sale of assets, or transfer of the Website or business.

Force majeure. Apex is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, utility or telecommunications failures, cyberattacks, internet failures, platform outages, or failures of third-party providers.

No third-party beneficiaries. These Terms do not create rights for any third party, except that the Apex parties protected under the indemnification and limitation-of-liability provisions may enforce those provisions as intended beneficiaries.

Headings. Headings are for convenience only and do not affect interpretation.

18. Contact

Questions about these Terms may be sent to:

Apex Gold Properties LLC
PO Box 159
Hillsboro, Ohio 45133
Email: info@apexgoldproperties.com