Terms of Service
Effective Date: September 4, 2026
This Terms of Use Agreement sets forth the standards of use of the Apex Hospitality Systems, LLC online service for providing hospitality technology, marketing, sales, customer relationship management, automation, revenue recovery, and related business solutions. By using the Apex Hospitality Systems website, you (the “Customer”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. Apex Hospitality Systems, LLC reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Apex Hospitality Systems website. Your continued use of the Service after amendments are posted constitutes acknowledgment and acceptance of the Agreement and its modifications.
This Terms of Use Agreement sets forth the standards of use of the Apex Hospitality Systems, LLC online service for providing hospitality technology, marketing, sales, customer relationship management, automation, revenue recovery, and related business solutions. By using the Apex Hospitality Systems website, you (the “Customer”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. Apex Hospitality Systems, LLC reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Apex Hospitality Systems website. Your continued use of the Service after amendments are posted constitutes acknowledgment and acceptance of the Agreement and its modifications.
Disclaimer of Warranties
The site and services are provided by Apex Hospitality Systems, LLC on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Apex Hospitality Systems, LLC makes no representations or warranties of any kind, express or implied, regarding the use of, or the results obtained from, this website or its services in terms of correctness, accuracy, reliability, availability, or otherwise. Apex Hospitality Systems, LLC shall have no liability for interruptions in the use of this Website or Services. Apex Hospitality Systems, LLC disclaims all warranties concerning the information provided, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, portions of the above exclusion may not apply to you.Limitation of Liability
APEX HOSPITALITY SYSTEMS, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, and in particular, Apex Hospitality Systems, LLC shall not be liable for any special, indirect, consequential, incidental, exemplary, or punitive damages, or damages for lost profits, loss of revenue, loss of business opportunities, loss of data, or loss of use arising out of or related to this website, the Services, or the information contained therein. Such limitations shall apply whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Apex Hospitality Systems, LLC has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the above limitations may not apply.Indemnification
Customer agrees to indemnify, defend, and hold harmless Apex Hospitality Systems, LLC, its officers, employees, contractors, affiliates, service providers, and representatives from and against any claim, demand, liability, loss, damage, judgment, or expense, including reasonable attorneys’ fees and costs, arising out of or related to:- Customer’s use of the Website or Services;
- Customer’s violation of this Agreement;
- Customer’s violation of any applicable law or regulation;
- Customer’s infringement or alleged infringement of any intellectual property or other rights of any person or entity; or
- Any activity conducted through Customer’s account.
Customer’s Account
All Customers of the Service may receive access credentials, including a username, password, or other authentication method, depending upon the Services purchased. Customers are entirely responsible for all activities that occur under their account, whether authorized or unauthorized. Customer agrees to promptly notify Apex Hospitality Systems, LLC of any unauthorized use of Customer’s account or any other known or reasonably suspected breach of security. Customer’s right to use the Service is personal to the Customer and may not be transferred or assigned without the express written consent of Apex Hospitality Systems, LLC. Customer agrees not to resell, sublicense, redistribute, or make unauthorized commercial use of any Service, software, system, technology, content, or intellectual property provided by Apex Hospitality Systems, LLC without express written authorization.Modifications and Interruption to Service
Apex Hospitality Systems, LLC reserves the right to modify, suspend, or discontinue any portion of the Website or Services, temporarily or permanently, with or without notice. Apex Hospitality Systems, LLC shall not be liable to Customer or any third party should Apex Hospitality Systems, LLC exercise its right to modify, suspend, or discontinue any portion of the Website or Services. Customer acknowledges and accepts that Apex Hospitality Systems, LLC does not guarantee continuous, uninterrupted, error-free, or secure access to the Website or Services. The operation of the Website and Services may be interfered with or adversely affected by numerous factors or circumstances outside of Apex Hospitality Systems, LLC’s reasonable control, including internet outages, third-party service providers, hosting providers, software platforms, telecommunications providers, payment processors, and other technology infrastructure.Third-Party Sites and Services
Our Website and Services may include links, integrations, or connections to websites, software platforms, payment processors, communication services, social media platforms, online ordering systems, customer relationship management platforms, artificial intelligence services, and other third-party services. Apex Hospitality Systems, LLC does not own or control third-party websites or services and is not responsible for their availability, content, policies, performance, security, pricing, or operation. Your use of third-party websites and services is subject to the terms of use, privacy policies, and other agreements established by those third parties. Customers are encouraged to review the applicable terms and privacy policies of third-party services before using them. Apex Hospitality Systems, LLC shall not be responsible for losses, interruptions, errors, or damages caused by a third-party service provider.Governing Law and Jurisdiction
The Website and Services are operated by Apex Hospitality Systems, LLC from the State of North Carolina. This Terms of Use Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to conflict-of-law principles that would require the application of the laws of another jurisdiction. To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to this Agreement, the Website, or the Services shall be brought in the appropriate state or federal courts located in North Carolina. We make no representation that the Website or Services are appropriate, legal, or available for use in every jurisdiction. Customers who access the Website or Services from outside North Carolina or the United States do so at their own initiative and are responsible for compliance with applicable local laws.Compliance with Laws
Customer assumes responsibility for understanding and complying with all applicable laws, regulations, and governmental requirements relating to Customer’s use of the Website and Services. Customer may not use the Website or Services in any manner that violates applicable federal, state, local, or international laws or regulations. Customer further agrees not to transmit, upload, distribute, or otherwise use the Services to facilitate any material or activity that:- Violates applicable law;
- Encourages criminal conduct;
- Gives rise to civil liability;
- Infringes intellectual property rights;
- Violates the privacy or other rights of another person;
- Contains malicious software or code; or
- Otherwise violates applicable governmental requirements.