HOW WE OPERATE
myapexevent.com is a service that enables Users to collect money into their own WePay or FirstGiving accounts. Upon becoming a user through the Registration process (who receives funds) or a donor (who gives funds), you are subject to these Terms and Conditions of Use.
RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Apex Fun Run, LLC, and all of its agents, owners, officers, volunteers, participants, employees, franchisees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “ApexFunRun”), I hereby agree to release, indemnify, and discharge ApexFunRun, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate and anyone for whom I am a guardian or conservator (collectively, “Releasors”) as follows:
I acknowledge that an ApexFunRun franchisee (the “Franchisee”) is going to be operating a fun run at my child’s school. This fun run will be set up on the school grounds and may involve running, walking, climbing over obstacles, playing, interacting with other children, and performing a wide variety of active and athletic endeavors. I fully understand and agree that my child is fully capable of participating in such an activity. I also acknowledge that the Franchisee, not Apex Fun Run, LLC, who is the Franchisor, is going to be operating the Apex Fun Run, and I will therefore direct any questions or concerns to the Franchisee.
I further acknowledge that participation in fun runs and physical activities entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: Tripping, falling, rough terrain, heat exhaustion, heat stroke, hypothermia, broken bones, twisted or sprained ankles, bruises, musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; the negligence of participants, sunburn, dehydration, exposure to potentially dangerous wild animals, insect bites, and hazardous plant life. Accidents or illness can occur in remote places without medical facilities and emergency treatment.
ApexFunRun employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
I expressly agree and promise to accept and assume all of the risks existing in this activity on behalf of my minor child or the child for who I am a guardian (the “Minor”). My Minor’s participation in this activity is purely voluntary, and I elect to allow the Minor to participate in spite of the risks. On behalf of all Releasors, I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ApexFunRun from any and all claims, demands, or causes of action, which are in any way connected with the Minor’s participation in this activity or the Minor’s use of ApexFunRun’s equipment or facilities, including any such claims which allege negligent acts or omissions of ApexFunRun. Should ApexFunRun or anyone acting on its behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. I certify that I have adequate insurance to cover any injury or damage the Minor may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition the Minor may have. In the event that I file a lawsuit against ApexFunRun, I agree to do so solely in the State of Arizona, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
I and the other Releasors acknowledge that if anyone is hurt or property is damaged during the Minor’s participation in the fun run or related activity, I and the other Releasors may be found by a court of law to have waived their rights to maintain a lawsuit against ApexFunRun on the basis of any claim from which I and the other Releasors have released them herein. I have had sufficient opportunity to read this entire Release and Assumption of Risk. I have read and understood it, and I agree to be bound by its terms.
Upon acceptance of merchandise from Apex Leadership Co., the participant and his/her legal guardian agrees not to hold Apex Leadership Co. or its supplier subsidiaries liable for personal injuries or property damages incurred by said merchandise. The participant accepts all risks associated with the activity, including the risks of injury or death.
Our partners ensure that all donations go directly to the entity automatically. If we are raising money for an entity through FirstGiving, those payments are processed by FirstGiving and are given to the charity according to FirstGiving’s schedule.
Your ApexFunRun online donation page you publish will be publicly available on the Internet. You will have the ability to choose what to place on your donation page (such as recent donations, messages, etc.), but the page itself will be public. Donors will have the option to show the world that they have donated. To hide your donation, make sure you click on the “Private” button when you are donating. All users and donors must abide by these Terms and Conditions of Use, and all users and donors are responsible for complying with all applicable laws.
Conditions of Service
We intend for ApexFunRun to help do good things for the world. Accordingly, we care about how you use ApexFunRun’s fundraising capabilities are used and we may refuse service to you at any time if you violate these conditions of service are violated. You An entity may not use ApexFunRun’s services unless the following conditions are met:
- The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post;
- You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project.
- In addition to meeting the above conditions, an entity may not use the ApexFunRun service for any activities that:
- violate any law, statute, ordinance or regulation;
- relate to sales of controlled substances or other products that, in the reasonable judgment of ApexFunRun, are unsafe, illegal, promoting of illegal activity, sexually explicit, infringing the intellectual property rights of others, dangerous or otherwise supporting of activities that present a risk to consumer safety; or
- are otherwise decided by ApexFunRun in its sole discretion to be inappropriate for ApexFunRun’s then-current services.
If you have any questions about whether your activity may violate ApexFunRun’s conditions of services, please e-mail us at [email protected].
ApexFunRun will not be held liable for any loss or damage due to failure to comply to the terms of this agreement.
Modifications Of Service
You agree that ApexFunRun.com may, in its sole discretion, modify the terms of this Agreement by updating the modified terms to the ApexFunRun.com website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service. You also agree to allow ApexFunRun.com to use anonymous aggregate data to enable ApexFunRun.com to offer better services in the future.
By using the ApexFunRun.com service you agree that you are at least 18 years of age and will notify the ApexFunRun.com staff about any unauthorized use of your User or Donor accounts. You also agree that you will not use explicit, obscene, or otherwise abusive or hateful language in any area of the ApexFunRun.com website, use your account for illegal purposes, provide inaccurate information, bypass the then-currently-designated method of payment. ApexFunRun can removing any posting on the ApexFunRun.com site or refuse service to any person or organization for any reason whatsoever, including but not limited to a violation of these Terms & Conditions.
ApexFunRun does not review postings to its site with regularity, and you are responsible for anything offensive you see on the site and for protecting your equipment from computer viruses, worms, and the like.
These Terms and Conditions are governed by the laws of the State of Arizona. Any disputes relating to these Terms and Conditions of Use must be resolved in a court in the State of Arizona, and you hereby consent to the jurisdiction of the State and Federal Courts in the State of Arizona.
You agree to defend, indemnify and hold harmless ApexFunRun, LLC, its agents, and franchisees from and against any and all claims and expenses, including attorneys’ fees, costs, and disbursements, arising out of your use of the ApexFunRun.com website.
You will receive communications from ApexFunRun.com from time to time, and consent to allow ApexFunRun.com to send these communications to your e-mail address.
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it.
We do not solicit directly. All solicitations are carried out by our customers. All charitable donations are processed through FirstGiving, WePay, Or Square.
If you believe your copyright has been infringed, please send us a notice that contains:
- Your name.
- The name of the party whose copyright or trademark has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing material.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
1 N 1st Street, STE 790
Phoenix, AZ 85004
If the DMCA notice is properly formed, we will act quickly to take down the complained-about material and request a response from the person responsible for posting it. Please note that sending a false DMCA notice is not only a criminal act, but also enables the victim of the notice to sue you.
REVERSE ENGINEERING AND INTELLECTUAL PROPERTY RIGHTS
You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of our Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); or (ii) modify or create derivatives of any part of our Service.
ApexFunRun LLC shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof. You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the ApexFunRun website, or to any of the services offered on or through our Service, by hacking, password “mining”, or any other illegitimate means.