APOGEE TERMS AND CONDITIONS

 AT APOGEE STRONG, LLC
These Terms of Use and Guidelines apply to all websites (“Sites”) operated by Apogee Strong including
without limitation apogeestrong.com. In this document “Apogee Strong” refers to Apogee Strong, LLC.

By visiting our website and accessing the information, resources, services, products, and tools we
provide, you understand and agree to accept and adhere to the following terms and conditions as stated
in this policy (hereafter referred to as ‘User Agreement’).

This agreement is in effect as of September 1, 2023.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge
and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself
with any modifications. Your continued use of this site after such modifications will constitute
acknowledgment and agreement of the modified terms and conditions.

RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing the information, resources, services, products, and tools we
provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use
these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement,
and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that: In order to access our Resources, you may be required to provide certain
information about yourself (such as identification, contact details, etc.) as part of the registration
process, or as part of your ability to use the Resources. You agree that any information you provide will
always be accurate, correct, and up to date. Accessing (or attempting to access) any of our Resources by
any means other than through the means we provide, is strictly prohibited. You specifically agree not to
access (or attempt to access) any of our Resources through any automated, unethical or unconventional
means. Engaging in any activity that disrupts or interferes with our Resources, including the servers
and/or networks to which our Resources are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur
or suffer due to any unauthorized activities conducted by you, as explained above, and may incur
criminal or civil liability.
We may provide various open communication tools on our website, such as blog comments, blog posts,
public chat, forums, message boards, newsgroups, product ratings and reviews, various social media
services, etc. You understand that generally we do not pre-screen or monitor the content posted by
users of these various communication tools, which means that if you choose to use these tools to
submit any type of content to our website, then it is your personal responsibility to use these tools in a
responsible and ethical manner. By posting information or otherwise using any open communication
tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content
that:
• Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive,
invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
• Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
• Contains any type of unauthorized or unsolicited advertising.
• Impersonates any person or entity, including any Apogee Strong employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not
comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful,
objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for
any delay or failure in removing such content. If you post content that we choose to remove, you hereby
consent to such removal, and consent to waive any claim against us.

We do not assume any liability for any content posted by you or any other 3rd party users of our
website.
However, any content posted by you using any open communication tools on our website, provided that
it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Apogee
Strong, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to
reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only
refers and applies to content posted via open communication tools as described, and does not refer to
information that is provided as part of the registration process, necessary in order to use our Resources.
You agree to indemnify and hold harmless Apogee Strong and its parent company and affiliates, and
their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses,
expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this
User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any
other person using your account. We reserve the right to take over the exclusive defense of any claim
for which we are entitled to indemnification under this User Agreement. In such event, you shall provide
us with such cooperation as is reasonably requested by us.

Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as
available”. This means that we do not represent or warrant to you that:
The use of our Resources will meet your needs or requirements. The use of our Resources will be
uninterrupted, timely, secure or free from errors.
The information obtained by using our Resources will be accurate or reliable, and any defects in the
operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that any content downloaded or otherwise obtained through
the use of our Resources is done at your own discretion and risk, and that you are solely responsible for
any damage to your computer or other devices for any loss of data that may result from the download
of such content.
Additionally, you understand and agree that no information or advice, whether expressed, implied, oral
or written, obtained by you from Apogee Strong or through any Resources we provide shall create any
warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User
Agreement.

Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and
agree that any claim against us shall be limited to the amount you paid, if any, for use of products
and/or services. Apogee Strong will not be liable for any direct, indirect, incidental, consequential or
exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a
result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent
that applicable limitation of liability laws apply.

Copyrights/Trademarks
All content and materials available on Apogee Strong, including but not limited to text, graphics, website
name, code, images and logos are the intellectual property of Apogee Strong, and are protected by
applicable copyright and trademark law. Any inappropriate use, including but not limited to the
reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless
specifically authorized by Apogee Strong.

Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our
website and Resources with or without notice and for any reason, including, without limitation, breach
of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for
terminating your relationship and may be referred to appropriate law enforcement authorities. Upon
suspension or termination, your right to use the Resources we provide will immediately cease, and we
reserve the right to remove or delete any information that you may have on file with us, including any
account or login information.

Governing Law
This website is controlled by Apogee Strong. It can be accessed by most countries around the world. By
accessing our website, you agree that the statutes and laws of our state, without regard to the conflict
of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters
relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts
you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or
inconvenient forum objections to such courts.