Terms and Conditions

Last updated November 12, 2024

1. Acceptance of Terms

By accessing and using the website www.apogeestpete.com ("Website"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please refrain from using our Website.

2. Intellectual Property Rights

All content on this Website, including but not limited to text, graphics, logos, images, and software, is the property of Apogee St. Pete or its content suppliers and is protected by United States and international copyright laws. Unauthorized use of any content may violate copyright, trademark, and other laws.

3. User Obligations

As a user of this Website, you agree to:

Provide accurate and current information about yourself as prompted by any registration forms on the Website.Maintain the security of your password and identification.Notify us immediately of any unauthorized use of your account or any other breach of security.Be responsible for all activities that occur under your account.

4. Prohibited Activities

You agree not to:

Use the Website for any unlawful purpose or in violation of any local, state, national, or international law.Harass, abuse, or harm another person or group.Interfere with or disrupt the Website or servers or networks connected to the Website.Use any data mining, robots, or similar data gathering or extraction methods in connection with the Website.

5. Limitation of Liability

Apogee St. Pete will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Website.Any unauthorized access to or use of our servers and/or any personal information stored therein.Any interruption or cessation of transmission to or from the Website.Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website by any third party.Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.

6. Indemnification

You agree to defend, indemnify, and hold harmless Apogee St. Pete, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Website.Your violation of any term of these Terms.Your violation of any third-party right, including without limitation any copyright, property, or privacy right.Any claim that your content caused damage to a third party.

7. Modifications to the Website

Apogee St. Pete reserves the right to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice. You agree that Apogee St. Pete shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Pinellas County, Florida, for the resolution of any disputes arising out of or relating to these Terms or your use of the Website.

9. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining Terms, which will remain in full effect.

10. Entire Agreement

These Terms constitute the entire agreement between you and Apogee St. Pete regarding your use of the Website and supersede all prior agreements and understandings.

11. Termination

We reserve the right to terminate or suspend your access to the Website, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Website, us, or third parties, or for any other reason.

12. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

13. User Conduct

You agree not to use the Website to:

  • Upload or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • Upload or transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.

  • Upload or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

14. Links to Third-Party Sites

Our Website may contain links to third-party websites that are not owned or controlled by Apogee St. Pete. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve Apogee St. Pete from any and all liability arising from your use of any third-party website.

15. Links to Third-Party Sites

Our Website may contain links to third-party websites that are not owned or controlled by Apogee St. Pete. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve Apogee St. Pete from any and all liability arising from your use of any third-party website.

16. Disclaimer of Warranties

The Website is provided on an "as is" and "as available" basis. Apogee St. Pete makes no representations or warranties of any kind, express or implied, regarding the operation of the Website or the information, content, materials, or products included on the Website.

17. Electronic Communications

By using the Website, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to the Website.

18. Assignment

You may not assign your rights and obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice to you.

19. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.