TERMS AND CONDITIONS
of the APEX Business Association
Trademarks. BFA owns all the trademarks and service marks associated with the APEX Business Association (“APEX”) and also owns all rights and title to copyrights to the techniques and the instructions (“Works”) and APEX is the owner of processes, patentable or otherwise in the Products as a business method (“Methods”), APEX hereby grants Client a Limited Use License and the right to use the “Works” and “Methods” for the term of this Agreement and under the terms of this Agreement. Any training logos, trademarks, Works, or other custom content added by Client remains the property of Client.
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Purchase and Sale Agreement for Digital Assets. You understand that this is a contract to purchase digital assets (APEX Business Association) and that the services rendered in conjunction with the purchase of the digital assets are not the subject of this Agreement. The full value of the contract is owed at the time the digital assets are delivered and/or the digital access is granted. Once purchased, the access to APEX Business Association access (as defined below) but membership to receive the other items in this offer is dependent on paying the fee which shall become due after your initial purchase. There are no refunds. All event tickets that accompany this offer are subject to availability and redemption is on a first-come, first-served basis. Failure to follow the ticket redemption process does not allow the APEX member to make any claim for the ticket value, and the tickets given in conjunction with APEX have no monetary value and many not be exchanged or traded for another event and are not eligible for any store credit.
APEX Business Association Training Access. There is no refund at all on any digital products. You will receive access to the training platform for the amount of time that was stated on the product description you purchased. If have been granted “Lifetime” access, Lifetime is defined as the life of the product in the event that APEX chooses to discontinue the product. If APEX chooses to sell or assign the rights of APEX Business Association to another entity, then Lifetime access is defined as the length of time that APEX offers the product under the umbrella of any the BFA Companies. If APEX chooses to dissolve the company, then Lifetime access is defined as the life of APEX being an active company. If you have any problems accessing the digital content you have purchased, please contact our Customer Support Department immediately at 945-345-7220 during the hours of 9 AM – 6 PM EST, Monday through Friday, so we can resolve the issue. Purchase of a APEX Business Association training module does not grant rights to the buyer to share, reproduce or resell the product in any way. Digital Access is deemed fully delivered when the email is sent to the email address used to sign up for the services. If you do not receive the digital access link within 5 calendar days of purchasing the APEX product, it is incumbent upon you to email welcome@jointheapex.com to inform the Company that you have not received the link. The link will be sent to the email address that you signed up with If you have not sent an email to notify the Company that you have not received the link and the email was delivered to your email address, the digital assets are deemed fully delivered and are accepted by you as “As Described”. If the digital assets have been delivered, you received the product, approve of the product and are not eligible to file for a chargeback.
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Payments and Payment Plans. Failure to make a payment will result in a material breach of this Agreement. Failure to make a scheduled payment will also result in the suspension of any access to any services and the full value of the contract will be deemed delivered. You agree to pay the fees and cost of any collection efforts and/or Attorney’s fees if APEX pursues collection or legal action against for nonpayment. The payments are not installment payments for access to any training platforms, training forums, training calls, coaching calls, mentoring calls, or any live or virtual events; rather it is the cost of the digital assets being delivered to you and access to the events. As we cannot retrieve digital assets back from you, there are no refunds, whether partial or full, under any circumstances. If you are in arrears on a payment or payment plan then APEX reserves the right to deny access to any and all events, whether live or virtual, training sessions, coaching sessions, social media groups, and any gratis items or bonus items that were included with the Agreement shall not be delivered.
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Scope of Relationship. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
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Non-Solicitation and Covenant not to Compete. During the term of this Agreement and for a period of two years after, you shall not, without the written consent of APEX, directly or indirectly (a) employ or retain as an independent contractor any employee of APEX or its subsidiary; you may not induce or solicit, or attempt to induce, any such person to leave his or her employment, (b) contact or solicit any employees of APEX or its subsidiary for the purpose of soliciting the employee’s services which are the same as, or competitive with, the services performed for APEX or its subsidiary. For the purpose of this section, an “employee” means a person who was employed by APEX for any period of time during the term of this Agreement or employed by any subsidiary at any time during the term of this agreement. Furthermore, all of APEX and its subsidiary’s employees and independent contractors are all bound by non-solicitation and non-compete agreements that APEX strictly enforces. If any employee is hired by you, and especially to perform any of the services that employee is performing for APEX, then you could face legal implications for employee’s misappropriation of confidential information, theft of trade secrets, unfair competition, or breach of duty of loyalty as well as tortious interference and breach of contract.
Trade Secret Protection. In the course of your relationship with APEX, you understand and acknowledge that you will have access to confidential information, technical or non-technical data, formulae, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, lists of actual or potential customers or supplies, records, specifications, and other knowledge owned by the Company, business methods, plans, policies and/or personnel of the Company, all of which constitutes the trade secrets and proprietary information of the Company (hereinafter, “trade secrets”). You agree that at no time during or after the term of this Agreement that you shall remove or cause to be removed from the premises of the APEX any record, file, memorandum, document, equipment or like item relating to the business of the Company or its trade secrets, and that when the term of this Agreement as expired or at any other time at the request of the APEX or any person authorized thereby, all such records, files, memoranda, documents, equipment or trade secrets then in Executive’s possession shall promptly be returned to APEX.
Non-Transferable. No part of the program, including any gratis tickets, passes or invitations, are transferable to another person. It is incumbent on the purchaser to set up any coaching sessions and there is no refund for the virtual coaching sessions. If you are experiencing technical issues, you must email welcome@jointheapex.com for assistance.
Please be advised, that by submitting any videos or photographs within the APEX Business Association, you understand and agree that all photos and videos will become the property of APEX, Ryan Stewman™, and all affiliated companies and will not be returned. I hereby hold harmless, release, and forever discharge Ryan Stewman™, and all affiliated companies from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. If my testimony is cut or not used, I agree that this was at the artistic discretion of APEX, Ryan Stewman™, and all affiliated companies and or its affiliates and that I will not take legal action. I also agree that any claims will be Arbitrated through the American Arbitration Association and that jurisdiction for any all claims is Plano, texas. I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by APEX, Ryan Stewman™, and all affiliated companies, including without limitation any and all claims for libel or invasion or privacy. I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto and supersedes any other Agreement that may exist.
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Arbitration. (a) Any dispute, question or difference arising between the parties to this Agreement in connection with this Agreement or otherwise in regard to the relationship of the parties hereto by virtue of the terms in this Agreement, including the construction and scope of this Agreement, that cannot be amicably resolved between them, shall be finally settled in accordance with Commercial Arbitration rules and regulations of the American Arbitration Association ("Association") then in effect by one or more arbitrators mutually selected by the parties from the commercial panel of the Association. The arbitrator(s) to be appointed shall be English speaking persons. The arbitrator(s) shall have the power to extend time for pronouncing the award with the consent of the parties. Judgment upon an arbitration may be entered in any court having competent jurisdiction thereof, and shall be binding, final and non-appealable. The arbitrator(s) shall have the power to award any and all remedies and relief whatsoever that is deemed appropriate under the circumstances, including, but not limited to, money damages and injunctive relief. (b)This arbitration provision shall be deemed to be self-executing and shall remain in full force and effect after the expiration or termination of this Agreement. In the event any party fails to appear at any arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. The parties hereby consent to arbitration to be held within the City of Plano, State of Texas, and irrevocably agree that all actions or proceedings relating to this Agreement shall take place in the City of Plano and waive any objections that they may have based on improper venue or forum non conveniens. The arbitrator(s)' fees in connection with any such arbitration proceeding shall be shared equally among the parties hereto.
Jurisdiction. Client agrees that this Agreement is governed by and shall be construed in accordance with the laws of the State of Texas, without reference to conflicts of laws principles. Each of the Parties irrevocably submits to the exclusive jurisdiction of the state and federal courts situated in the State of Texas for purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby and agrees not to commence any action, suit or proceeding relating hereto except in such courts. Client also agrees that the parties shall attempt to mediate any disagreement before filing any lawsuit.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
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No Guarantee of Results. You acknowledge and agree that participation in the Program does not guarantee any specific health, personal relationship, financial or other results or earn any specific amount of income or reach any particular goal. The information provided as part of the Program is provided for educational purposes and for your personal use. You will use this information at your own risk and are solely responsible for any decisions and actions that result from use of such information. The Program does not provide personal, legal, investment or financial advice. There is no assumption of responsibility for any errors or omissions that may appear in any Program materials utilized under this Agreement.
Participant Obligation. Participants are solely responsible for scheduling and attending any events in keeping with APEX’s Any Participant that attempts to solicit APEX customers or exhibits disruptive behavior will be ejected from the Program without notice and without a refund or any further obligation from APEX.
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Gratis Items, Future Offers, and Included Events. Any items that are included with your Program, as well as any Gratis Items or Live Events that may be added later, are subject to change due to availability or any intervening circumstance, such as capacity restrictions, travel restrictions or venue restrictions that affects APEX’s ability to deliver any items. Any unclaimed tickets are deemed forfeited. Tickets must be claimed in the same calendar year as the purchase of the program or they are deemed forfeited at the discretion of the event management team, based on availability and any relevant restrictions. Tickets are limited in quantity and APEX reserves the right to deny any participant in the program access to a live event or virtual event for any reason. If such a situation arises, APEX may or may not substitute the Gratis Item with an acceptable replacement. If APEX does not or cannot provide a ticket included with this Agreement, it does not constitute a material breach of this Agreement. Any Live Event may be replaced with a virtual event. Live Events tickets have no monetary value and are not available for store credit, exchange, or upgrade. Any Unauthorized Transfer (or attempted transfer) of any tickets is grounds for seizure and cancellation and forfeiture. Tickets may only be redeemed by the individual registered in APEX and you must use the same email address you used to register in the program. If you need to change your email address at any time, you may do so by emailing welcome@jointheapex.com.
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Live Events. ALL tickets are subject to cancellation, forfeiture, or rollover to another event at the sole discretion of APEX. We reserve the right to terminate, cancel, amend, or substitute any tickets that were included as part of a bundle purchase. We also reserve the right to cancel, terminate and/or substitute any free tickets that were given as a bonus item.
To enter any Live Event, each individual must have their own valid Ticket. One Ticket is required per attendee and will only be valid on the day(s) of the Event and area(s) of the Event as indicated on the Ticket. Entry into the Event is limited to persons that meet the minimum age requirements on or before the day of the Event. To enter a Live Event, you must be at least eighteen (18) years of age or older unless otherwise specified for a particular event. No one is permitted entry without a ticket (this means no small children on your lap and no babies). If children are permitted at an event, then each child or infant must have their own valid ticket and their own seat for capacity and Fire and Building Code capacity purposes. You are bound by the terms and conditions of each specific event that you plan to attend, and you can read the terms and conditions for that event on the individual event webpage.
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Force Majeure. APEX is not responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. If any of our live events are postponed due to a temporary supervening event that arises without the fault of APEX Business Association, then any tickets purchased for that live event will automatically be rolled over for the next available date for that event. Supervening events are defined as Acts of God; government requests brought about for political reasons or not; changes of law, including deleted legislation and executive orders; strikes; industrial disputes; riots, rebellion, and war; local government closures due to weather; government closures due to widespread illness, pandemics and any other reason for the safety and health of the community at large. If an event cannot be rescheduled as a live event within 90 days, the event shall be transformed into a virtual format. All tickets are non-refundable, and any ticket received as a gratis item has no monetary value. If COVID-19 or any related issues from the pandemic impacts the ability to deliver any live components to the Program, including any gratis tickets or workshops, APEX reserves the right to either deliver the live component via Video Conference or replace it with a comparable option. Any missed classes or sessions that are forfeited. APEX reserves the right to cancel, alter or modify any components of the Program due to necessity or participation.
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Entire Agreement. This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties. No verbal agreements or verbal modifications (as between you and APEX or any of its sales representatives or customer service personnel) are permitted and the terms of conditions, terms of purchase and terms and conditions are fully stated herein.
Confidentiality. All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
We reserve the right to update these terms and conditions at anytime without notice.