Terms & Conditions

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 will 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.

Payment Terms

Our partners ensure that all donations go directly to the entity automatically. If you're raising money for a company through FirstGiving, those payments are processed by FirstGiving and are given to your charity according to FirstGiving's schedule. If you are raising money for a company through WePay, in order for you to use WePay’s payment processing services, you must register with WePay as a merchant. By accepting this agreement with Apex Fun Run, you agree that you have reviewed the WePay Terms of Service and Privacy Policy for the country in which you are located and agree to them. If you have questions regarding the WePay Terms of Service or Privacy Policy, please refer to the WePay website www.wepay.com or contact WePay at https://support.wepay.com/hc/en-us. The Wepay Terms of Service explain that process and are available here: https://go.wepay.com/terms-of-service-us. The WePay Privacy Policy is available here: https://go.wepay.com/privacy-policy-us.

If you elect to use Apex Fun Run platform with wepay as the payment processor, you will enter into an agreement with our payments partner, WePay, Inc., for the payments service and WePay's use of your data. Please review the WePay Privacy Policy (https://go.wepay.com/privacy-policy-us), which will apply to you.

If you are raising money for a company through WePay, we are not able to issue a refund through the API after 60 days. If a payer were to contact WePay directly requesting a refund they will be referred back to the platform partner (ApexFunRun).

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 and we may refuse service to you at any time if you violate these conditions of service. You may not use ApexFunRun's services unless the following conditions are met:

  1. If residing in the US, you are a person who is not a non-profit organization or charity as defined by the Internal Revenue Service. All non-profits and charities should register with FirstGiving.com if interested in becoming listed in ApexFunRun's charity database.
  2. The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post;
  3. 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.
  4. You are at least eighteen (18) years of age to create a thon.

    In addition to meeting the above conditions, you may not use the ApexFunRun service for any activities that:
    1. violate any law, statute, ordinance or regulation;
    2. 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
    3. 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 info@ApexFunRun.com.

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.

If your account is deleted or service suspended, ApexFunRun has no obligation to refund your money or any amounts previously paid.

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.

Indemnification

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. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

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.

Severability

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.

Solicitations

We do not solicit directly. All solicitations are carried out by our customers. All charitable donations are processed through FirstGiving.

Warranty Disclaimer

ApexFunRun ("WE") MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. YOU AGREE THAT OUR LIABILITY IS LIMITED UNDER ALL CIRCUMSTANCES TO THE AMOUNT OF MONEY THAT YOU HAVE PAID US FOR OUR SERVICES, AND IN NO EVENT WILL WE BE LIABLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE ACTS OF THIRD PARTIES MAKING OFFERS THROUGH OR USING OUR WEBSITE.

IF ANY THIRD PARTY GOODS OR SERVICES DO NOT MEET YOUR EXPECTATIONS, THAT IS THEIR FAULT, NOT OURS. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT ARE NOT BONA FIDE OR OTHERWISE MISLEADING.

WE ARE NOT LIABLE FOR ANY DOWNTIME OF OUR WEBSITE WHICH MAY PREVENT ACCESS TO THE WEBSITE, WHETHER FOR A SHORT TIME OR PERMANENTLY. OUR PROVISION OF THESE SERVICES IS CONTINGENT ON YOUR AGREEMENT TO THESE TERMS, AND IF YOU DO NOT AGREE WITH THEM YOU SHOULD NOT USE OUR SERVICES. NO LIMIT OF LIABILITY IN THIS SECTION AFFECTS THE LIMITATION OF LIABILITY IN ANY OTHER SECTION OF THIS AGREEMENT.

IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS OF LIABILITY SUCH AS ARE CONTAINED ABOVE, THEN YOU AGREE THAT OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED UNDER LAW IN YOUR JURISDICTION.

IF YOU RESIDE IN CALIFORNIA, YOU WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Copyright Infringement

If you believe your copyright has been infringed, please send us a notice that contains:

You must sign this notification and send it to our Copyright Agent at:

info@ApexFunRun.com
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.