Agreement between User and Apex Holdings Group LLC DBA Advinci.io

Welcome to Advinci. Advinci is engaged in the business of providing services of online marketing, social media marketing, mobile order development, and any other information, technology and social media related advertising. Advinci is operated and owned by APEX HOLDINGS GROUP LLC. Advinci is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Advinci and its’ services constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 


Privacy
Your use of Advinci is subject to APEX HOLDINGS GROUP LLC.'s Privacy Policy. Please review our Privacy Policy.

Website
Advinci.io (The “Site”) is a web based platform directing potential partners to the partner application. If you use this site, you are responsible for maintaining the confidentiality of the application information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur while accessing the application. You may not assign or otherwise transfer your application to any other person or entity. You acknowledge that APEX HOLDINGS GROUP LLC. is not responsible for third party access to your application that results from theft or misappropriation of your personal information. APEX HOLDINGS GROUP LLC. and its associates reserve the right to refuse or cancel service in our sole discretion. 



Electronic Communications 
Visiting advinci.io or sending emails to APEX HOLDINGS GROUP LLC. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

Children Under Thirteen
APEX HOLDINGS GROUP LLC. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Advinci services only with permission of a parent or guardian. 

No Unlawful or Prohibited Use/Intellectual Property 
You are granted a non-exclusive, non-transferable, revocable license to access and use advinci.io strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to APEX HOLDINGS GROUP LLC. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of APEX HOLDINGS GROUP LLC. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. APEX HOLDINGS GROUP LLC. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of APEX HOLDINGS GROUP LLC. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of APEX HOLDINGS GROUP LLC. or our licensors except as expressly authorized by these Terms. 

Description of Service
The Service provided by Advinci is marketing based and is contractually defined as the duty to conceptualize, design, create, and implement strategies and social media marketing campaigns for the contracted partner.

Billing Policies

Partner Fees: To begin contractual service, the partner must pay Advinci a flat rate fee (amount defined in User/Partner Contract). The partnership begins upon agreed contract signed and payment received. All other commission based payment amounts shall be agreed upon and decided contractually on an individual scale.
 
Refunds: Once service is purchased, all sales are final and agreed upon conditions in contract will be fulfilled.

Indemnification
You agree to indemnify, defend and hold harmless APEX HOLDINGS GROUP LLC., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. APEX HOLDINGS GROUP LLC. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with APEX HOLDINGS GROUP LLC. in asserting any available defenses. 

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and APEX HOLDINGS GROUP LLC. agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

Liability Disclaimer 
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. APEX HOLDINGS GROUP LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

APEX HOLDINGS GROUP LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. APEX HOLDINGS GROUP LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APEX HOLDINGS GROUP LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF APEX HOLDINGS GROUP LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Changes to Terms
APEX HOLDINGS GROUP LLC. reserves the right, in its sole discretion, to change the Terms under which Advinci and advinci.io is offered. The most current version of the Terms will supersede all previous versions. APEX HOLDINGS GROUP LLC. encourages you to periodically review the Terms to stay informed of our updates. 

Contact Us
Advinci welcomes your questions or comments regarding the Terms: 

Apex Holdings DBA Advinci
4742 N 24th Street 
Suite 300 PMB #111 
Phoenix, Arizona 85016 

Email Address: 
concierge@theapexholdings.com 

Telephone number: 
(800) 584-0471 

Effective as of July 7th, 2021