TERMS AND CONDITIONS OF USE
Effective Date: January 1, 2025
1. ACCEPTANCE OF TERMS
These Terms and Conditions of Use ("Terms") constitute a legally binding agreement
between you ("User," "you," or "your") and Apex Stratos Capital Management, LLC, a
Delaware limited liability company ("Apex Stratos," "Company," "we," "us," or "our"),
governing your access to and use of our website, mobile applications, and any related
services (collectively, the "Site" or "Services").
By accessing, browsing, or using this Site in any manner, you acknowledge that you
have read, understood, and agree to be bound by these Terms and all applicable laws
and regulations. If you do not agree to these Terms, you are not authorized to use this
Site and must discontinue use immediately.
Apex Stratos reserves the right to modify, amend, or update these Terms at any time
without prior notice. Such modifications will be effective immediately upon posting on
the Site. Your continued use of the Site after any such changes constitutes your
acceptance of the new Terms. You are responsible for regularly reviewing these Terms
to stay informed of any updates.
2. DESCRIPTION OF SERVICES
Apex Stratos Capital Management is a registered investment adviser providing
institutional-quality investment management services, including but not limited to:
Portfolio management and investment advisory services
Asset allocation and strategic investment planning
Risk management and portfolio optimization
Investment research and market analysis
Wealth management and financial planning services
The Site is designed to provide general information about our services, investment
philosophy, market commentary, and educational resources. The Site does not
constitute an offer to sell or a solicitation to purchase any securities, investment
products, or advisory services in any jurisdiction where such offer or solicitation would
be unlawful.
3. NO INVESTMENT ADVICE OR RECOMMENDATIONS
IMPORTANT DISCLAIMER: The information contained on this Site is for informational
and educational purposes only and does not constitute investment advice,
recommendations, or an offer to buy or sell any securities or investment products. The
Site and its content should not be construed as:
Personalized investment advice or recommendations
A solicitation to purchase or sell any securities
An offer of advisory services to any specific individual
A guarantee of investment performance or returns
Tax, legal, or accounting advice
All investment decisions should be made based on your individual financial situation,
investment objectives, risk tolerance, and time horizon. Past performance is not
indicative of future results. All investments carry risk, including the potential loss of
principal. You should consult with qualified financial, tax, and legal advisors before
making any investment decisions.
Apex Stratos does not provide advice to individual retail investors through this Site.
Our services are primarily directed toward institutional clients, high-net-worth
individuals, and qualified investors who meet specific eligibility criteria.
4. ELIGIBILITY AND RESTRICTIONS
4.1 General Eligibility
Use of this Site is restricted to individuals who are: - At least 18 years of age or the age
of majority in their jurisdiction - Legally capable of entering into binding agreements -
Not prohibited from accessing the Site under applicable laws
4.2 Geographic Restrictions
This Site is intended for use by residents of the United States and its territories. The
information and services described herein may not be available to persons in other
jurisdictions. If you access this Site from outside the United States, you do so at your
own risk and are responsible for compliance with local laws and regulations.
4.3 Professional Use
Certain areas of the Site may be restricted to existing clients, prospective clients who
meet specific criteria, or other authorized users. Access to such restricted areas
requires proper authentication and authorization.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Ownership
All content on this Site, including but not limited to text, graphics, logos, images, audio
clips, video clips, data compilations, software, and the overall design and layout, is the
exclusive property of Apex Stratos or its licensors and is protected by United States and
international copyright, trademark, and other intellectual property laws.
5.2 Trademarks
"Apex Stratos Capital Management," the Apex Stratos logo, and other marks used on
this Site are trademarks or registered trademarks of Apex Stratos. All other
trademarks, service marks, and trade names referenced on this Site are the property of
their respective owners.
5.3 Limited License
Subject to these Terms, Apex Stratos grants you a limited, non-exclusive, nontransferable, revocable license to access and use the Site for your personal, noncommercial use only. This license does not include any right to: - Reproduce,
distribute, display, or perform the content - Create derivative works based on the
content - Use the content for commercial purposes - Remove or modify any copyright,
trademark, or other proprietary notices
5.4 Restrictions on Use
You may not: - Copy, reproduce, republish, upload, post, transmit, or distribute
content from the Site - Use automated systems (including robots, spiders, or scrapers)
to access the Site - Attempt to gain unauthorized access to any portion of the Site -
Interfere with or disrupt the Site's operation or security - Use the Site for any unlawful
purpose or in violation of these Terms
6. PROHIBITED USES AND CONDUCT
You agree not to use the Site for any of the following prohibited purposes:
6.1 Unlawful Activities
Any illegal activity or violation of applicable laws or regulations
Fraud, money laundering, or other financial crimes
Violation of securities laws or regulations
6.2 Harmful Activities
Transmitting viruses, malware, or other harmful code
Attempting to gain unauthorized access to our systems or networks
Interfering with the proper functioning of the Site
Overloading our servers or networks
6.3 Misrepresentation
Impersonating any person or entity
Providing false or misleading information
Misrepresenting your identity or qualifications
6.4 Commercial Misuse
Using the Site for unauthorized commercial purposes
Competing with our business using information from the Site
Soliciting our clients or employees
7. USER CONTENT AND COMMUNICATIONS
7.1 User Submissions
If you submit any content to the Site (including comments, feedback, or other
communications), you grant Apex Stratos a perpetual, irrevocable, worldwide, royaltyfree license to use, reproduce, modify, and distribute such content for any purpose.
7.2 Monitoring
Apex Stratos reserves the right, but has no obligation, to monitor, review, or edit any
user content. We may remove any content that violates these Terms or is otherwise
objectionable in our sole discretion.
7.3 Privacy
All communications and information submitted through the Site are subject to our
Privacy Policy, which is incorporated into these Terms by reference.
8. DISCLAIMERS AND WARRANTIES
8.1 "AS IS" BASIS
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, AND SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED.
8.2 DISCLAIMER OF WARRANTIES
APEX STRATOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED
TO: - IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE - WARRANTIES OF NON-INFRINGEMENT - WARRANTIES REGARDING THE
ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT - WARRANTIES THAT THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE - WARRANTIES THAT THE SITE WILL BE
FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
8.3 Investment Disclaimers
PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS
ALL INVESTMENTS INVOLVE RISK, INCLUDING POTENTIAL LOSS OF PRINCIPAL
MARKET CONDITIONS CAN CHANGE RAPIDLY AND UNPREDICTABLY
NO GUARANTEE IS MADE REGARDING INVESTMENT PERFORMANCE OR RETURNS
9. LIMITATION OF LIABILITY
9.1 General Limitation
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX STRATOS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, INCLUDING BUT
NOT LIMITED TO: - LOSS OF PROFITS OR REVENUE - LOSS OF DATA OR INFORMATION -
BUSINESS INTERRUPTION - PERSONAL INJURY OR PROPERTY DAMAGE - INVESTMENT
LOSSES
9.2 Maximum Liability
IN NO EVENT SHALL APEX STRATOS'S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED
DOLLARS ($100), REGARDLESS OF THE THEORY OF LIABILITY.
9.3 Basis of Bargain
THE LIMITATIONS SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN APEX STRATOS AND YOU. THE SITE WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Apex Stratos, its affiliates, officers,
directors, employees, agents, and representatives from and against any and all claims,
damages, losses, costs, and expenses (including reasonable attorneys' fees) arising
from or related to: - Your use or misuse of the Site - Your violation of these Terms - Your
violation of any applicable laws or regulations - Any content you submit to the Site -
Any harm caused to third parties through your use of the Site
This indemnification obligation shall survive termination of these Terms and your use
of the Site.
11. PRIVACY AND DATA PROTECTION
11.1 Privacy Policy
Your privacy is important to us. Our collection, use, and disclosure of personal
information is governed by our Privacy Policy, which is incorporated into these Terms
by reference and can be found in Part II of this document.
11.2 Data Security
While we implement reasonable security measures to protect your information, no
method of transmission over the internet or electronic storage is completely secure.
We cannot guarantee absolute security of your information.
11.3 Cookies and Tracking
We use cookies and similar tracking technologies to enhance your experience on our
Site. By using the Site, you consent to our use of cookies as described in our Privacy
Policy.
12. THIRD-PARTY LINKS AND SERVICES
12.1 Third-Party Links
The Site may contain links to third-party websites, services, or resources that are not
owned or controlled by Apex Stratos. We provide these links for your convenience only
and do not endorse or assume responsibility for the content, privacy policies, or
practices of any third-party sites.
12.2 Third-Party Services
We may use third-party service providers to facilitate certain aspects of the Site or our
services. These providers are bound by confidentiality agreements and are authorized
to use your information only as necessary to provide services to us.
12.3 Disclaimer
YOUR USE OF ANY THIRD-PARTY SITES OR SERVICES IS AT YOUR OWN RISK. APEX
STRATOS DISCLAIMS ALL LIABILITY FOR ANY HARM RESULTING FROM YOUR USE OF
THIRD-PARTY SITES OR SERVICES.
13. REGULATORY COMPLIANCE
13.1 Investment Adviser Registration
Apex Stratos Capital Management, LLC is a registered investment adviser with the
Securities and Exchange Commission (SEC) under the Investment Advisers Act of 1940.
Our registration does not imply any level of skill or training.
13.2 Regulatory Disclosures
Important regulatory disclosures, including our Form ADV, are available upon request
and can be found on the SEC's Investment Adviser Public Disclosure website at
www.adviserinfo.sec.gov.
13.3 Compliance with Laws
You agree to comply with all applicable federal, state, and local laws and regulations in
connection with your use of the Site. You are solely responsible for ensuring that your
use of the Site complies with all applicable laws in your jurisdiction.
14. TERMINATION
14.1 Termination by You
You may terminate your use of the Site at any time by discontinuing access to the Site.
14.2 Termination by Us
We reserve the right to terminate or suspend your access to the Site immediately,
without prior notice or liability, for any reason, including but not limited to: - Breach of
these Terms - Violation of applicable laws - Fraudulent or harmful activity - Extended
periods of inactivity
14.3 Effect of Termination
Upon termination, your right to use the Site will cease immediately. All provisions of
these Terms that by their nature should survive termination shall survive, including
but not limited to ownership provisions, warranty disclaimers, indemnity, and
limitations of liability.
15. DISPUTE RESOLUTION
15.1 Governing Law
These Terms and any disputes arising from or related to the Site shall be governed by
and construed in accordance with the laws of the State of Delaware, without regard to
its conflict of law principles.
15.2 Jurisdiction and Venue
Any legal action or proceeding arising from or related to these Terms or the Site shall
be brought exclusively in the federal or state courts located in Delaware. You hereby
consent to the jurisdiction of such courts and waive any objection to venue.
15.3 Arbitration
Any dispute, claim, or controversy arising from or relating to these Terms or the Site
shall be resolved through binding arbitration administered by the American
Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The
arbitration shall be conducted in Delaware, and the arbitrator's decision shall be final
and binding.
15.4 Class Action Waiver
YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE LIMITED TO
THE DISPUTE BETWEEN YOU AND APEX STRATOS INDIVIDUALLY. YOU WAIVE ANY RIGHT
TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
16. FORCE MAJEURE
Apex Stratos shall not be liable for any failure or delay in performance under these
Terms that is due to fire, flood, earthquake, elements of nature, acts of God, acts of
war, terrorism, riots, civil disorders, rebellions, or other similar causes beyond our
reasonable control.
17. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent necessary so that these Terms
shall otherwise remain in full force and effect and enforceable.
18. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any other legal notices published on
the Site, constitute the entire agreement between you and Apex Stratos concerning
the Site and supersede all prior or contemporaneous communications and proposals,
whether electronic, oral, or written.
19. ASSIGNMENT
You may not assign or transfer these Terms or any rights or obligations hereunder
without our prior written consent. Apex Stratos may assign these Terms at any time
without notice to you.
20. WAIVER
No waiver of any term or condition of these Terms shall be deemed a further or
continuing waiver of such term or condition or any other term or condition, and any
failure to assert any right or provision under these Terms shall not constitute a waiver
of such right or provision.
21. HEADINGS
The headings in these Terms are for convenience only and shall not affect their
interpretation.
22. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Apex Stratos Capital Management, LLC
Phone: (866) 390-3307
23. EFFECTIVE DATE AND UPDATES
These Terms are effective as of the date first written above. We reserve the right to
update these Terms at any time. The most current version will always be available on
our Site. Your continued use of the Site after any changes indicates your acceptance of
the updated Terms.
