Updated: June 2019
Apex 4 Kids, LLC ("Apex4Kids") provides service to users through its website, www.Apex4Kids.com, subject to the following Terms of Service, which may be updated or modified by Apex4Kids at any time without notice to you. Whenever you access Apex4Kids’s website, you do so subject to the Terms of Service and all policies or procedures specifically incorporated herein by reference.
Acceptance of Service
Your use of Apex4Kids’s website constitutes your acceptance of and your agreement to abide by these Terms of Service. Do not use the website if you do not agree to the Terms of Service.
Description of Service
Apex4Kids’s website offers a comprehensive personal development program filled with online learning activities, lessons, resources for parents and their children. Apex4Kids is not a school or an alternative to school. The Service is provided “as-is” with no fitness implied for any use and no guarantee of reliability or durability. As a online-based service with ongoing updates based on user feedback, there may be problems of implementation or performance, commonly known as “bugs”. Apex4Kids strives to test, update, maintain, and optimize its system regularly so that the Service is delivered to users safely and effectively, but Apex4Kids makes no guarantees as to the quality, reliability or fitness for any particular purpose of its Service.
Membership Payment & Activation. To access the Service, you must create an account with Apex4Kids and activate a Membership. A Membership is activated once Apex4Kids receives payment of the Membership Fee, which is set at registration and is based on the number of children the parent registers,. Apex4Kids accepts payments online using Visa, MasterCard, Discover, American Express. For credit card payments, the date of payment will be the Activation Date.
Membership Term & Renewal. A typical Membership begins on the Activation Date and extends for one (1) month (the “Term”). For users paying for a Membership by credit card, the Membership automatically renews for an additional one (1) month at the end of the Term, and Apex4Kids will bill the same Membership Fee to the credit card the user selected at registration in order to renew the Membership. Each month thereafter, the Membership will automatically renew at the same Membership Fee, unless the user makes a change, such as, placing the Membership on Hold or cancelling the Membership, prior to the last date of the month as provided below. If payment is not received by Apex4Kids for any reason, including charge back, Apex4Kids reserves the right to suspend or terminate a user’s Membership. In addition, all users understand that once a Membership is terminated all information relating to the user (including student data and assignments) may be terminated or deleted.
Membership Discounts and Extra Education. From time to time, Apex4Kids offers discounts and offers to its Members. For purposes of this section, members is defined as any users who have an active Membership with Apex4Kids. The extras are typically for a period of consecutive months in length and can be acquired by Members by paying a one-time fee indicated at registration. Members have 30-days from the purchase date to cancel and receive a full refund. After this time, Members will not be entitled to a refund or credit relating to the purchase. Since these additional options are only available to Members, if a Member registers and pays for an extra promotional item that is located in the Apex4Kids Member Dashboard and then cancels or otherwise fails to keep their Membership in good standing (such as by non-payment of the Monthly Membership Fee) during the term of the purchase, the Member will lose access and no refund or credit will be given, unless it is within the 30-day trial period. After the 30-day trial period and/or prior to the end of the term of the extra promotional item purchased, Members may have the option to renew or purchase another extra at the then current rate (as long as it is available).
By purchasing the following Discounts and Extra Offers, you give your consent to Apex4Kids and its affiliates including but not limited to, to release, request, and/or share information concerning you, or children you enroll, for the extremely limited purpose of redeeming the extra items or discount, completing your purchase, servicing your account(s), or responding to requests for refunds.
Cancellations. Users may cancel their membership at any time by sending a cancel request to support@Apex4Kids.com. All cancellations are processed immediately followed by an email confirmation that gets sent within 24 business hours. The cancellation will become effective at the start of the next billing term. Whenever a Membership is cancelled pursuant to this Section, Apex4Kids will delete the information relating to the user (including student history, data and reports) on or immediately after the effective date of the cancellation. Once data has been deleted by Apex4Kids, it cannot be recovered. Apex4Kids reserves the right to cancel a user’s Membership if the user fails to make a payment. For purposes of this section, a user is deemed to have paid Apex4Kids when the user’s credit payment has been received by Apex4Kids’s merchant account or bank account. Apex4Kids also reserves the right to cancel a Membership for any reason, including, without limitation for lack of use or if Apex4Kids believes you have violated the letter or spirit of the Terms of Service. Apex4Kids shall not be liable to the user or any third-party for the cancellation of your Membership, deletion of your account, or access to the Apex4Kids website.
100% Satisfaction Guarantee. New Users who sign up for a Membership, provided they have not taken part in a free trial, have a 30-day period during which there is an unconditional money-back guarantee. If you cancel your Membership during this time, you will receive a full refund. For purposes of this section and the Terms of Service, a “New User” is someone who has never had a Membership with Apex4Kids and is activating a Membership using a credit card for the first time.
Refunds. All payments for Memberships to Apex4Kids are non-refundable, unless you are a New User (defined above) who requests a refund within the 30-day money back guarantee period. All payments for optional extra online resources are non-refundable as well, unless the user requests a refund within 30-days on initial purchase.
Billing Security. Apex4Kids uses Secure Sockets Layer technology that sends credit card data in encrypted code. Apex4Kids does not keep a record of, or have access to your credit card number.
Special Offers & Price Changes. Apex4Kids may run special offers periodically. These special offers are subject to change at any time, and may have certain restrictions, including, but not limited to, restricting users to the use of one special offer. Pricing is subject to change with notice by Apex4Kids. Any changes made by Apex4Kids become effective at the start of the next billing term.
Passwords. Your password gives you access to the Membership service. Please take appropriate measures to keep your password confidential and do not share it with third parties or with your children. You will be responsible for all activities that occur under your password regardless of whether you are the person who took such actions. If your password gets disclosed, please advise Apex4Kids immediately and we will issue a new password and eliminate the previous one.
Your Obligations & Representations. When you sign up for an account at Apex4Kids and activate your Membership, you agree agree that Apex4Kids is authorized to charge the payment method you selected during registration the Membership Fee on the Activation Date and each month thereafter on the anniversary of the Activation Date at the then-current rate unless or until your Membership is placed on Hold or Cancelled by you or Apex4Kids. You further agree to notify Apex4Kids if you wish to use a different Payment Method to renew your Membership or place your Membership on Hold prior to the end of your current month term in order to avoid the cancellation of your Membership due to non-payment.
Apex4Kids Proprietary Rights
You acknowledge and agree that the Service provided by Apex4Kids, and all necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through our website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Apex4Kids, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service provided by Apex4Kids or the Software, in whole or in part.
You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Apex4Kids website.
Grant of Limited License. Apex4Kids grants to you, the Licensee, and your listed users, a personal, nonexclusive, and nontransferable license to use the Service on a single computer or smart device at a time. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Apex4Kids for use in accessing the services.
Restrictions of Use. You understand that the Software and Service offered by Apex4Kids are wholly owned by Apex4Kids and/or its vendors or third party web sites and are protected by copyright and other laws in the United States and elsewhere. A Licensee may not copy or distribute the Software or Service to anyone, for any purpose, at any time. As a Licensee, you are permitted to the use of the Service for the number of users subscribed while they are paying for its use: there is no transfer of ownership or copyright. You agree that this License grant does not include the rights of modification, manufacture, distribution, sale, or sublicense. Apex4Kids reserves the right to cancel your Membership without refund if it is determined that you have violated this portion of the Terms of Service.
Trademarks & Copyrights
Copyright © 2019 Apex4Kids. Any rights not expressly granted in this Agreement are reserved for the exclusive use of Apex4Kids. The owner and manufacturer of Apex4Kids is Apex 4 Kids LLC is located at 4742 N 24th Street, Suite 300 Phoenix, Arizona 85016. Our telephone number is (877) 777-7003.
United States All other copyrights and trademarks appearing on the Apex4Kids website are the exclusive rights of their respective owners.
Copyright Violation Notice
Apex4Kids respects the intellectual property of others and we ask our subscribers to do the same. If any copyright owner believes that there is any intellectual property infringement on the Apex4Kids.com website, please contact us at support@Apex4Kids.com and we will investigate and change or drop the link immediately. If you believe that your work is accessible on the Apex4Kids service in a way that constitutes copyright infringement, you may notify us via email by providing Apex4Kids the following information:
*A description of and the location of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
*Identification of the specific language, image(s) or functionality on the Apex4Kids website or iOS App that you believe to be infringing;
*Identification of the URL or other specific location on the Apex4Kids website or iOS App where that material is located;
*Your name, title, organization, website address, mailing address, telephone number, and e-mail address;
*A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
*A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
*An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest attesting to all of the above.
You agree to indemnify and hold Apex4Kids, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post, transmit or make available through the Apex4Kids website, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
Disclaimer of Warranties
1. APEX 4 KIDS PROVIDES THE SERVICE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. APEX 4 KIDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. APEX4KIDS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APEX4KIDS OR THROUGH OR FROM THE WEBSITE OR iOS APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APEX4KIDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APEX4KIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOUR SOLE REMEDY WILL BE TO TERMINATE YOUR MEMBERSHIP.
No Guaranty of Results
Apex4Kids is a resource to assist your child in their personal development and for entertainment purposes. Because every child learns differently, Apex4Kids cannot guarantee particular results from a child’s use of the Service.
Modification of Terms
The Terms of Service (and any agreement, rule, or policy incorporated by reference) may be modified by Apex4Kids at any time by publication through the Apex4Kids website or by sending you an email. You are responsible for regularly reviewing the Apex4Kids website to obtain timely notice of such modifications. You shall be deemed to have accepted such modifications by continuing to use the site after 31 days of when such modifications have been posted or you have been alerted by email. In the event that you object to any material changes to the Terms of Service (or the terms and conditions of an incorporated policy or agreement), your sole and exclusive remedy will be to terminate your Membership and to cease using the services. Upon request, remaining subscriptions costs will, if cancelled due to a change of Terms of Service, not be billed.
Jurisdiction, Venue, & Interpretation
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Arizona. Each party consents to personal jurisdiction and venue in Maricopa County Court. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If a court of competent jurisdiction rules as invalid any provision of this agreement or the application of any provision to any person or circumstance, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service, the use of the Apex4Kids website or iOS Apps, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Terms of Service constitute the entire agreement between you and Apex4Kids and govern your use of the Service offered by Apex4Kids. The Terms of Service supersede all prior agreements between you and Apex4Kids. You understand and agree that you may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Apex4Kids to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.