TERMS OF USE

Effective Date: March 3, 2026
Last Updated: March 3, 2026

1. INTRODUCTION AND ACCEPTANCE

Apex Premium Finance, LLC and our affiliates (collectively, “we,” “us,” “our,” or “Apex”) offer you access to our online website (the “Website”), its features, and any of our associated services (together, our “Services”). These “Terms of Use,” together with our Privacy Policies, and any Additional Terms between us which might apply to certain products or services, govern your use of our Services. If you (or your organization) are party to a separate written agreement with us, such as a Premium Finance Agreement, that agreement governs your relationship with Apex, and in the event of any direct conflict between such agreement and these Terms of Use, the agreement controls.

Our Services provide general information about our premium financing solutions and include secure, role-based portals that enable authorized users, including our agent partners and insureds, to access and use certain Services, such as originating and reviewing finance agreements, managing accounts, and processing payments.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME), YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES. USE OF THE SERVICES SHALL BE DEEMED AS ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.

IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. PLEASE READ THE “DISPUTE RESOLUTION & MANDATORY ARBITRATION” AND “NO CLASS ACTIONS” SECTIONS BELOW CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND REMEDIES.

IF YOU REGISTER AN ACCOUNT OR OTHERWISE ENGAGE WITH THE SERVICES ON BEHALF OF A BUSINESS, ORGANIZATION, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE; (B) YOU WILL ENSURE THAT THE ENTITY AND ANY OF ITS USERS COMPLY WITH THESE TERMS OF USE; AND (C) YOU UNDERSTAND AND AGREE THAT ANY BREACH OF THESE TERMS OF USE BY THE ENTITY OR ANY OF ITS USERS SHALL BE DEEMED A BREACH BY YOU.

2. INTELLECTUAL PROPERTY

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates and/or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

3. ACCESS AND USE

(A) We may offer certain portions of our Services at no charge, for a one-time fee, on a per-use basis, on a subscription basis, or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to access and use our Services for your personal or internal business purposes.

(B) Payment Processing and Recurring Payments

  1. Certain Services may require payments to be made through the Website. All payments made through the Website may be processed by independent third-party payment service providers (such as Google Pay, Apple Pay, or other authorized processors, each, a “Payment Processor”). In such instances, we do not collect or store your full payment card details, and we are not responsible for any errors, acts, or omissions of such Payment Processors. By submitting your payment information, you authorize the applicable Payment Processor to charge your selected payment method for the total amount you authorize, including any applicable taxes and fees.
  2. If you enroll in recurring payments (e.g., Auto-Pay), where applicable, to satisfy your premium finance obligations under a Premium Finance Agreement, you authorize Apex and any applicable Payment Processor to automatically charge your designated payment method in the amounts and on the schedule authorized at enrollment and/or set forth in your Premium Finance Agreement on a recurring basis (e.g., monthly or annually, as applicable) until you revoke such authorization in accordance with these Terms of Use. You may print or save a copy of this authorization for your records; if required by applicable law and you have not affirmatively consented to electronic delivery in accordance with the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), a paper copy will be mailed to your address on file. 
  3. You may cancel Auto-Pay at any time through your Account settings or by contacting us. To provide us a reasonable opportunity to act, we ask that you provide notice at least ten (10) business days prior to the scheduled payment date. If your payment method is linked to an account established primarily for personal, family, or household purposes (“Consumer Account”), you may also have the right under applicable law to stop payment of a preauthorized electronic transfer by notifying the financial institution that holds your account at least three (3) business days before the scheduled payment date.  Cancellation of Auto-Pay does not relieve you of your payment obligations under any applicable Premium Finance Agreement. Transaction fees (if any) are non-refundable, and the refund of any loan payments is governed by the terms of your Premium Finance Agreement and applicable law regarding unearned premiums.
  4. You are responsible for ensuring that your payment information is current and accurate. If a payment is declined or your payment method expires, we may suspend or terminate your access to the Services until payment is successfully processed.
  5. In the event of a payment dispute, including chargebacks, you agree to first contact us to attempt to resolve the issue before disputing a charge with your payment provider. We reserve the right to dispute any chargeback that we believe is improper and to recover any associated costs.
  6. Your use of a third-party Payment Processor is subject to that Payment Processor’s terms and conditions and privacy policies, which we encourage you to review (see Third-Party Services and Terms below). In such instances, our role is limited to facilitating payments through such Payment Processor; we are not a bank, merchant of record, money transmitter, or payment processor.

(C) Third-Party Services and Terms. Our Services may enable or support links or integrations between (i) Apex and other applications or services owned or controlled by us and (ii) third-party applications, platforms, or services that are not owned or operated by us. When access or use any third-party applications or services, your use of our Services may be subject to your agreement to the third-party’s privacy policy or other terms. IN SUCH INSTANCES, IT IS YOUR RESPONSIBILITY TO IDENTIFY, OBTAIN, REVIEW, AND EVALUATE THE TERMS AND CONDITIONS RELATED TO USE OF EACH APPLICABLE THIRD-PARTY SERVICE. For third-party terms related to third-party products or services accessed through our Services, we will endeavor to you notice of such applicable terms in our Privacy Policy or via posting in our Website or Application (e.g., terms for Payment Processors). By using the applicable third-party services, you agree to all such third-party terms.

(D) Our Services are provided for use by you or your organization for your personal or internal business purposes only. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install, or print Service Content. In such cases, you may do so only in the manner authorized and for your authorized purposes only, and any such use which is made public or otherwise shared in any manner must include direct credit to us. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Service Content and that Apex reserves the right to discontinue access to the Service Content, in whole or in part, at any time.

(E) Any software that is made available to view and/or download in connection with our Services is owned or controlled by us and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. We accept no responsibility or liability in connection with any software owned or controlled by third parties.

(F) Furthermore, except as expressly permitted in these Terms of Use, you may not:

  1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
  2. Circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content; 
  3. Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Services or Service Content for any purpose (except for that which routinely occurs through the use of bona fide search engines) without our express written permission; 
  4. Collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses; 
  5. Use the Services or Service Content to develop, train, or improve any competing artificial intelligence models or services, or attempt to extract or infer the underlying models, prompts, or other proprietary components of the Services;
  6. Solicit other users to join or become members of any commercial online service or other organization without our prior written approval; 
  7. Attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
  8. Decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services; 
  9. Use network-monitoring software to determine architecture of or extract usage data from our Services;
  10. Encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity; 
  11. Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
  12. Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services. 

(G) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

(H) You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.

4. USER REGISTRATION AND COMMUNICATIONS

(A) In order to access or use some features of our Services, you may have to become a registered user. If you are under the age of eighteen (18), then you are not permitted to register as a user, sign up for any promotional messages, or otherwise provide us any personal information. 

(B) If you create a user registration, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you may create a username and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to contact us by clicking the “Contact Us” link on the Website immediately, if you become aware of any actual or suspected breach of security or unauthorized access to or use of your Account or our Services.

(C) Electronic Communications. By registering an Account, applying for financing, or otherwise providing your email address, you acknowledge and agree that from time to time, you may receive electronic communications on the Services from us, such as responses to your inquiries, Account access information, security alerts, payment confirmations, changes to these Terms of Use or the Privacy Policies, and other administrative and transactional notices. You authorize such communications by filling online forms, by registering an Account, or by entering a Premium Finance Agreement or other agreement with Apex that contemplates use of the Services. These communications are necessary to provide our Services, and you may not be able to opt out of them while maintaining an active Account or continued access to the Services.

  1. Notwithstanding the foregoing, your consent to receive electronic communications under this section does not, by itself, constitute consent to receive disclosures or notices electronically where applicable law requires that such disclosures or notices be provided in writing or requires your affirmative consent to electronic delivery in accordance with the E-SIGN Act. In such instances, we will provide such documents in accordance with applicable law, which may include obtaining valid E‑SIGN consent or providing such documents via U.S. Mail to your physical address of record. For the avoidance of doubt, delivery of recurring payments/Auto-Pay authorizations and related requirements under applicable law are addressed in the Payment Processing and Recurring Payments section above.

(D) Promotional Messages. Our Services may include sending you promotional e-mails or newsletters. These are typically recurring message programs that, upon registration, results in messages being automatically sent to you until you unsubscribe via any of our disclosed methods. To receive any these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, e-mail address, etc.). Our use of the information you provide is governed by our Privacy Policies. You may opt-out of receiving our e-mails/newsletters as set forth in our Privacy Policies, or by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).

5. SERVICE CONTENT & THIRD PARTY LINKS

(A) We provide our Services including, without limitation, Service Content for your personal or internal business purposes and/or promotional purposes only. You may not rely on any information and opinions made available through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content. 

(B) In certain instances, Service Content may include information, materials, and opinions posted or supplied by third parties. We do not endorse or warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any third-party content or opinions offered through our Services by anyone other than our authorized employees or spokespersons acting in their official capacities. 

(C) Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

6. USER CONTENT

(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. 

(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. 

(C) You represent, warrant, and covenant that you will not submit any User Content that: 

  1. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
  2. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law; 
  3. encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
  4. is an advertisement for goods or services or a solicitation of funds; 
  5. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; 
  6. contains a formula, instruction, or advice that could cause harm or injury; or 
  7. is a chain letter of any kind.  

For the avoidance of doubt, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted. 

(D) By submitting User Content to us, simultaneously with such posting you automatically grant, or represent or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (i) in connection with our business; and (ii) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies, we may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

(E) By submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “Leena P. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with the terms of our Privacy Policies, where it is applicable.

(F) We do not accept or consider, directly or through any employee or agent, unsolicited ideas of any kind, including without limitation, creative content, ideas, or suggestions relating to new or improved products, enhancements, names or technologies, advertising, and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

  1. We have no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
  2. We will own and may use and redistribute Unsolicited Materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

(H) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users). 

7. INDEMNIFICATION

(A) You agree to indemnify and hold harmless Apex, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Apex Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorney’s fees and costs) arising out of, related to, or that may arise in connection with: (a) your use of our Services, or use by any employee or other individual you authorize to access or use the Services; (b) content provided by you or on your behalf; (c) any actual or alleged violation or breach by you, or any employee or other individual you authorize to access or use the Services, of these Terms of Use; (d) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (e) your acts or omissions or those of any employee or other individual you authorize to access or use the Services. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. 

(B) If you are using our Services on behalf of an organization, that organization accepts these terms. It will hold harmless, defend, and indemnify the Apex Parties from any claim, suit or action arising from or related to the use of the Website or any other Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s fees. 

8. DISCLAIMER OF WARRANTIES

You expressly agree that use of our Services is at your sole risk. Our Services and Service Content are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, the Apex Parties disclaim any and all warranties including any: (a) warranties that our Services will meet your requirements; (b) warranties concerning the availability, accuracy, security, usefulness, timeliness, or Informational content of our Services or Service Content; (c) warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (d) warranties for services or goods received, advertised, or accessed through our Services; (e) warranties concerning the accuracy or reliability of the results that may be obtained from the use of our Services; (f) warranties that your use of our Services will be secure or uninterrupted; and (g) warranties that errors in our Services or Service Content will be corrected. 

9. LIMITATION OF LIABILITY

(A) UNDER NO CIRCUMSTANCES SHALL ANY OF THE APEX PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT, IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL THE APEX PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY US DURING THE PRECEDING TWELVE MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

(C) These limitations shall apply to the fullest extent permitted by law. In some jurisdictions limitations of liability are not permitted; in such jurisdictions, some of the foregoing limitations may not apply to you.  

10. TERMINATION

(A) We reserve the right in our sole discretion and at any time to terminate or suspend your use and access of our Services for any reason or no reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that we are not liable to you or any third party for any termination or suspension of your Account or for blocking your use of our Services.

(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use (which by their nature should survive the suspension or termination of your access to the Services or these Terms of Use) shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under the “Miscellaneous” section below.

11. COPYRIGHT POLICY

(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the access of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on the Website or any of our Services that may be infringing or the subject of infringing activity.

(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Jeff Smith, [email protected], 524 Main Street, Hazard, KY 41701.

(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

12. CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Kentucky without regard to its conflict of laws rules. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be subject to mandatory arbitration as set forth below and, if arbitration does not apply, brought exclusively in the state or federal courts of Kentucky. We each waive any jurisdictional, venue, or inconvenient forum objections to such courts.

13. DISPUTE RESOLUTION & MANDATORY ARBITRATION

(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at Apex Premium Finance, LLC, 524 Main Street Hazard, KY 41701. We will contact you based on the contact information you have provided us.

(B) If, after 30 days, the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to binding arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they instead choose to have any disputes resolved through binding arbitration.

(C) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures, and, where applicable, the AAA Mass Arbitration Supplementary Rules. The rules and procedures and other information, including information on fees, may be obtained from the AAA directly. The arbitration shall take place at a location mutually agreed to by the parties or, if no such agreement is reached, as determined by the AAA.

(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

(E) Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.

(F) To the extent twenty-five (25) or more similar arbitration demands are filed against Apex or Apex Parties (or by Apex) that are coordinated or involve common issues of law or fact, we each agree that the AAA may administer such matters as a “mass arbitration” pursuant to the AAA Mass Arbitration Supplementary Rules and any applicable AAA fee schedule. Either of us may request that the AAA apply its Mass Arbitration Supplementary Rules, and the AAA’s determination regarding whether the filings qualify as a mass arbitration shall control. Nothing in this section permits class arbitration; each claimant’s dispute must be pursued on an individual basis, subject to any mass arbitration administration process the AAA applies.

14. NO CLASS ACTIONS

To the fullest extent permitted by law, we each waive any right to pursue disputes on a class-wide basis; that is, either to join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else, in any lawsuit, arbitration or other proceeding.

15. NO TRIAL BY JURY

To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.

16. AMENDMENT; ADDITIONAL TERMS

(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique aspects of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. 

(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon posting online to the Services. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Account.

17. MISCELLANEOUS

(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. 

(B) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these Terms of Use is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in full force and effect. 

(C) Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policies, or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions. 

(D) These Terms of Use (including the Privacy Policies and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

(E) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.