1. Acceptance of Terms
By accessing or using the website located at apexrefineries.org (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Site.
These Terms apply to all visitors, users, and others who access the Site. If you are using the Site on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to that entity.
Your continued use of the Site after any modification of these Terms constitutes your acceptance of the modified Terms. We recommend reviewing these Terms periodically.
2. Definitions
In these Terms, the following terms have the following meanings:
- "Apex," "we," "us," "our" means Apex Refinery Solutions, Inc., a California corporation.
- "Site" means the website located at apexrefineries.org and all pages, content, and functionality accessible through that domain.
- "User," "you," "your" means any individual or entity who accesses or uses the Site.
- "Services" means the professional services offered by Apex, including refinery renovation project management, raw material processing and purification, quality control and compliance oversight, and related services as described on the Site.
- "Content" means all text, images, graphics, video, data, software, and other material available on or through the Site.
- "User Content" means information, inquiries, or other content submitted by you through the Site, including through contact or inquiry forms.
3. Use of the Site
3.1 Permitted Use
Subject to these Terms, Apex grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes. This license does not include the right to:
- Copy, reproduce, distribute, or create derivative works from the Site's Content without our express written permission.
- Use any automated tools (bots, scrapers, spiders, crawlers) to access or extract data from the Site.
- Reverse engineer, decompile, or disassemble any software or technical components of the Site.
- Misrepresent your identity or affiliation when communicating with us through the Site.
3.2 Prohibited Conduct
You agree not to use the Site to:
- Violate any applicable federal, state, local, or international law or regulation.
- Transmit or facilitate the transmission of unsolicited commercial communications (spam).
- Introduce or attempt to introduce any malicious code, virus, worm, trojan, or other harmful software or technology.
- Attempt to gain unauthorized access to any portion of the Site or its underlying systems or networks.
- Collect or harvest any personally identifiable information from the Site.
- Interfere with or disrupt the integrity or performance of the Site or the experience of other users.
- Post or submit Content that is false, fraudulent, defamatory, harassing, or otherwise objectionable.
3.3 Site Availability
We reserve the right to modify, suspend, or discontinue the Site (or any portion thereof) at any time, with or without notice, for any reason. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site.
4. Intellectual Property
4.1 Our Intellectual Property
The Site and its Content — including but not limited to text, graphics, logos, service marks, photographs, and software — are owned by or licensed to Apex and are protected by United States and international copyright, trademark, and other intellectual property laws.
The name "Apex Refinery Solutions" and our logo are trademarks of Apex Refinery Solutions, Inc. Nothing in these Terms or on the Site grants you any right to use our trademarks, trade names, service marks, logos, or other brand features without our prior written consent.
4.2 Limited License to Content
You may access and view Content on the Site for your personal or internal business use. You may print or download reasonable amounts of Content for the same limited purposes, provided you do not modify it and you retain all copyright and attribution notices. Any other use requires our prior written permission.
4.3 User Content
When you submit User Content to us (such as project inquiries or contact form submissions), you grant Apex a limited, non-exclusive license to use that content to respond to your inquiry, evaluate the possibility of an engagement, and manage any resulting project relationship. We do not claim ownership of your User Content, and we will not use your project-specific information in our marketing or proposals to other parties without your consent.
You represent and warrant that you have the right to submit User Content, and that doing so does not violate any confidentiality obligation or third-party right.
5. Inquiries, Proposals, and Pre-Engagement Communications
5.1 No Obligation to Engage
Submitting an inquiry through our Site does not create a contractual obligation on the part of either party. Apex is not obligated to respond to any inquiry or to provide a proposal. An inquiry response, proposal, or estimate from Apex is not an offer capable of binding acceptance — it is an invitation to negotiate. No binding commitment by Apex arises until a written service agreement has been executed by authorized representatives of both parties.
5.2 Preliminary Information
Information provided on the Site regarding service capabilities, typical project timelines, cost ranges, and material processing outputs is provided for general informational purposes only. These representations describe typical or historical performance and do not constitute performance warranties for any specific engagement. Actual scope, schedule, cost, and outputs are determined by the specific written agreement for your project.
5.3 Confidential Information in Inquiries
If you submit an inquiry that includes confidential business or technical information about your facility, we will treat that information as confidential and will not disclose it to third parties except as described in our Privacy Policy. However, absent a signed non-disclosure agreement, we do not formally acknowledge any confidentiality obligation in connection with pre-engagement communications. If your inquiry necessarily involves highly sensitive information, we recommend entering into a mutual non-disclosure agreement before sharing such information — contact us at (510) 558-5993 to arrange this before submitting your inquiry.
6. Service Engagements
6.1 Governing Documents
Any engagement of Apex's professional services is governed exclusively by the written contract executed between Apex and the client for that specific engagement ("Service Agreement"). In the event of any conflict between these Terms of Service and a Service Agreement, the Service Agreement controls.
6.2 Standard Terms
Apex's standard Service Agreements include provisions covering: scope of work, project schedule, fees and payment terms, change order procedures, client responsibilities, Apex's insurance requirements, representations and warranties, indemnification, limitation of liability, and dispute resolution. Clients receive a copy of our standard agreement template upon request before engagement.
6.3 Applicable Standards
Apex performs all professional services in conformance with applicable professional standards and good industry practice for the relevant industry sector. We are certified under EPA, OSHA 1910.119, ISO 9001:2015, and NACE International standards as described on our Site and in our qualification materials.
6.4 Subcontracting
Apex may engage pre-qualified subcontractors and specialty consultants in connection with project execution. Apex remains responsible to the client for the performance of all subcontracted work as if performed by Apex directly. All subcontractors are required to maintain safety and quality standards equivalent to those required by Apex's direct personnel.
7. Confidentiality
Apex recognizes that the information you share with us — including facility conditions, production data, regulatory history, financial parameters, and strategic plans — may be highly confidential. We maintain a culture of strict confidentiality with respect to client information and have policies and procedures in place to protect it.
Information shared by clients in connection with an active engagement is protected by the confidentiality provisions of the applicable Service Agreement. For pre-engagement communications, we encourage clients with particularly sensitive information requirements to contact us about a mutual non-disclosure agreement prior to sharing sensitive details.
Apex does not discuss, present, or reference specific client project details in marketing materials or on this Site without the client's express written consent. Case studies, testimonials, and project references are prepared only with client permission.
8. Disclaimers
8.1 Site Content
THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
We do not warrant the accuracy, completeness, or timeliness of any Content on the Site. Industry data, regulatory references, and technical information on the Site are provided for general informational purposes and may not reflect the most current developments. You should not rely solely on Site Content for regulatory compliance, engineering decisions, or business strategy.
8.2 Professional Services
The general descriptions of our services on the Site are not representations or warranties about performance outcomes for any specific project. Project outcomes depend on many factors specific to the client's facility, regulatory environment, feedstock characteristics, and other conditions that cannot be evaluated from general descriptions. Specific performance commitments, warranties, and guarantees — if any — are set out only in executed Service Agreements and apply only to the specific project covered by that agreement.
8.3 Third-Party Content
The Site may reference or link to third-party information, industry standards, regulatory guidance, or external websites. Apex does not endorse, control, or take responsibility for the accuracy, completeness, or reliability of third-party content. Such references are provided for convenience only.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APEX REFINERY SOLUTIONS, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE IS LIMITED TO FIFTY US DOLLARS ($50).
The limitations set out in this Section do not apply to: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited by applicable law.
Liability for claims arising from specific service engagements is governed by the applicable Service Agreement, not this Section.
10. Indemnification
You agree to defend, indemnify, and hold harmless Apex Refinery Solutions, Inc. and its officers, directors, employees, agents, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your access to or use of the Site in violation of these Terms.
- Your violation of any applicable law or regulation.
- Your infringement of any third-party intellectual property, privacy, or other rights.
- Any User Content you submit through the Site that is false, misleading, or violates any third-party right.
Apex reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of that matter.
11. Governing Law
These Terms and any dispute arising out of or relating to them or the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
For disputes relating to Site use, you consent to the exclusive jurisdiction of the state and federal courts located in Alameda County, California. For disputes relating to specific service engagements, the governing law and jurisdiction provisions of the applicable Service Agreement control.
12. Dispute Resolution
12.1 Informal Resolution
Before initiating any formal dispute process, we encourage you to contact us directly to discuss the issue. Many concerns can be resolved quickly and informally. You can reach us at legal@apexrefineries.org or at (510) 558-5993. We will make a good-faith effort to respond within 10 business days.
12.2 Mediation
If informal resolution is unsuccessful, the parties agree to attempt non-binding mediation through a mutually agreed mediator before initiating litigation. The costs of mediation shall be shared equally between the parties. This provision does not limit either party's right to seek emergency injunctive or equitable relief from a court.
12.3 Disputes Under Service Agreements
Disputes arising specifically from service engagements are subject to the dispute resolution provisions of the applicable Service Agreement, which may include binding arbitration. The terms of this Section 12 apply only to disputes about your use of the Site and your general relationship with Apex prior to or independent of any specific engagement.
12.4 Time Limitation
Any claim arising out of or related to these Terms or your use of the Site must be brought within one (1) year of the date on which the cause of action accrued, or it is permanently barred.
13. Modifications to Terms
Apex reserves the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may also provide notice on the Site or by email.
Your continued use of the Site after the effective date of any modified Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Site.
14. Miscellaneous
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Apex regarding your use of the Site and supersede all prior agreements and understandings, whether written or oral, relating to the Site. They do not supersede or affect any separate written Service Agreement executed between the parties for a specific project engagement.
14.2 Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. A waiver of any provision of these Terms must be in writing and signed by an authorized representative of Apex to be effective.
14.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Apex may assign these Terms without restriction in connection with a merger, acquisition, corporate reorganization, or sale of assets.
14.5 No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties. Nothing in these Terms creates any third-party beneficiary rights or obligations.
14.6 Force Majeure
Apex shall not be liable for any failure or delay in performing its obligations under these Terms (or, to the extent addressed here rather than in a Service Agreement, under any service relationship) where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, fire, flood, earthquake, pandemic, governmental action, labor disputes, or failures of third-party infrastructure.
14.7 Contact for Legal Notices
Legal notices to Apex under these Terms must be sent in writing to:
Apex Refinery Solutions, Inc.
Attn: Legal Department
1800 Harrison Street, Suite 900
Oakland, CA 94612
Email: legal@apexrefineries.org
15. Contact Us
If you have any questions about these Terms of Service, please contact us:
Apex Refinery Solutions, Inc.
1800 Harrison Street, Suite 900
Oakland, CA 94612
Phone: (510) 558-5993
General inquiries: info@apexrefineries.org
Legal inquiries: legal@apexrefineries.org