apexhedgefund.com (the “Site”) is maintained and operated by Apex Hedgefund (“APEX HEDGEFUND INC.”)

Your access and use of the site is subject to the following terms of use (the “terms of use”) and all applicable laws.  By accessing or using any part of the Site, you accept, without limitation or qualification, these terms of use.  If you do not agree with all of the terms set forth below, you may not use any portion of the Site.

Authorized Use of Site:  This Site is provided for your personal and non-commercial use and for informational purposes only.  Any other use of the Site requires the prior written consent of APEX HEDGEFUND INC.

Unauthorized Use of Site:  You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site.  You may not use any such automated means to manipulate the Site.  You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site.  You may not paste or incorporate portions of the Site within another website or establish links from any other website to any page of the Site other than the home page.  You may not resell use of, or access to, the Site to any third party without our prior written consent.

Proprietary Rights: APEX HEDGEFUND INC. is the owner of or otherwise licensed to use all parts of the Site, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos and other intellectual property or proprietary rights contained therein.  By using the Site, you agree not to copy, distribute, modify or make derivative works of any materials on the Site without the prior written consent of the owner of such materials.  Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site.  All rights not granted under these Terms of Use are reserved by APEX HEDGEFUND INC.

Links: This Site may contain links to other websites not maintained by APEX HEDGEFUND INC.  Other websites may also reference or link to our Site.  We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of every website you visit.  We are not responsible for the practices or the content of such other websites.

No Warranties:  APEX HEDGEFUND INC. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION CONTAINED ON THIS SITE.  APEX HEDGEFUND INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE.  YOUR USE OF THE SITE IS AT YOUR OWN RISK.  THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND G&CO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, G&CO DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  G&CO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. G&CO SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION THE CONTENT AND ANY ERRORS CONTAINED THEREON.  IN NO EVENT WILL G&CO BE LIABLE TO YOU UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES OR FOR ANY DIRECT DAMAGES IN CONNECTION WITH YOUR USE OF THIS SITE.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed ten dollars ($10).

Changes: All information posted on the Site is subject to change without notice.  In addition, these terms of use may be changed at any time without prior notice.  We will make such changes by posting them on the Site.  You should check the Site for such changes frequently.  Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

Indemnification:  You agree to indemnify, defend and hold harmless APEX HEDGEFUND INC., its employees, partners, members, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from or related to any breach by you of any of these terms of use or applicable law.

Severability:  If any part of these terms of use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective, but shall not affect any other part of these terms of use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies:  The failure of APEX HEDGEFUND INC. to partially or fully exercise any rights or the waiver of APEX HEDGEFUND INC. of any breach of these terms of use by you shall not prevent a subsequent exercise of such right by APEX HEDGEFUND INC. or be deemed a waiver by APEX HEDGEFUND INC. of any subsequent breach by you of the same or any other term of these terms of use.  The rights and remedies of APEX HEDGEFUND INC. under these terms of use and any other applicable agreement between you and APEX HEDGEFUND INC. shall be cumulative, and the exercise of any such right or remedy shall not limit APEX HEDGEFUND INC.’s right to exercise any other right or remedy.

International Access:  APEX HEDGEFUND INC. makes no representations regarding the legality of this Site in any country and it is your responsibility to ensure that you use complies with all applicable laws.

Governing Law:  These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida. You hereby expressly consent to the exclusive jurisdiction and venue of the courts located in Miami-Dade County, Florida for all matters arising in connection with these Terms of Use or your access to or use of the Site.

Questions:  Should you have any questions regarding these Terms of Use you may contact us at [email protected].