Terms and Conditions
Terms Governing the Use of the Service. These Terms and Conditions apply to the Consumer who uses APEX Asset Management, LLC’s payment portal. Please read these terms and conditions carefully. By authorizing a payment to APEX Asset Management, LLC through the online payment service (‘the Service’), You agree to these Terms and Conditions. By continuing to access or use the Service after amendments are made to the Terms and Conditions, You agree to be bound by the updated Terms and Conditions.
The following is a summary of key terms of this Service:
- Any reference to Consumer or You means the person who is accessing this Service and making a Payment.
- Payment(s) through this Service may only be made with the following payment types: Credit Card, Debit Card or Electronic Funds Transfer.
- Certain Payment types may require the Consumer to pay a fee to a third-party processor. It is recommended that the Consumer read and understand any disclosures regarding fees before agreeing to make a Payment.
- The Credit Card information supplied at the time of using the service is processed by the payment gateway of the service provider. It is the sole responsibility of the Consumer of the service to ensure that the information entered in the relevant fields is correct. It is recommended that you take and retain a copy of the transaction for records keeping purposes, which might assist in the resolution of any disputes that may arise out or usage of the service.
- The Consumer agrees, understands and confirms that his/her personal data including without limitation details relating to debit card/credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/or fraud and that APEX Asset Management, LLC or the Payment Service Provider(s) have no control over such matters.
- The service is provided using a payment gateway service provider through a secure website. However, neither the payment gateway service provider nor APEX Asset Management, LLC gives any assurance, that the information so provided online by a Consumer is secured or may be read or intercepted by a third party. APEX Asset Management, LLC does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a Consumer of the service.
- You will see accounts that are placed for third-party debt collection with APEX Asset Management.
Debit/Credit Card, Bank Account Details
- The Consumer agrees that the debit/credit card details provided by him/her for use of the aforesaid Service(s) must be correct and accurate and that the Consumer shall not use a debit/credit card, that is not lawfully owned by him/her or the use of which is not authorized by the lawful owner thereof.
- The Consumer agrees and undertakes to provide correct and valid debit/credit card details.
- The Consumer warrants, agrees and confirms that when he/she initiates a payment transaction and/or issues an online payment instruction and provides his/her card/bank details.
- The Consumer is fully and lawfully entitled to use such credit/debit card, bank account for such transactions.
- The Consumer is responsible to ensure that the card/bank account details provided by him/her are accurate.
- The Consumer authorizes debit of the nominated card/bank account for the Payment of fees selected by such Consumer along with applicable Fees. The Consumer understands and agrees any fees associated with payment are voluntary and that a free option is available.
- The Consumer is responsible to ensure that sufficient credit/funds are available on the nominated card/bank account at the time of making the payment to cover the amount of the Payment and any related Fee.
No warranty, representation, or guarantee, express or implied is given by APEX Asset Management, LLC in respect of the operation of the service.
Disclaimer and Limitation of Liability
APEX Asset Management, LLC and /or the Payment Service Provider(s) does not accept liability for any damage, loss, cost (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by the Consumer from the use of this service.
- APEX Asset Management, LLC and/or the Payment Service Provider(s) shall not be liable for any inaccuracy, error, or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall APEX Asset Management, LLC and/or the Payment Services Provider(s), its employees, directors, and its third-party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of alternation of transmissions of date or arising from suspension or termination of the Service.
- The Consumer agrees that APEX Asset Management, LLC or any of its employees will not be held liable By the Consumer for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond APEX Asset Management, LLC’s reasonable control.
- No Warranty: The information and materials contained in this site including, graphics, links or other items are provided as on an ‘As Is’ and ‘As Available’ basis by APEX Asset Management, LLC which organized and tries to provide information accurately and expressly disclaims liability for error or omission in this information and materials. No warranty of any kind, implied, express or statutory shall be given by APEX Asset Management, LLC shall not be limited to the warranty of fitness for a particular purpose and freedom from computer virus is given in conjunction with the information and materials.
These terms and conditions are governed by the laws of the United States of America and the competent courts in the State of Pennsylvania shall have exclusive jurisdiction.
For refunds, please call 717-519-1770 or toll-free 888-592-2144 to discuss with customer support. All confirmed refunds will be processed within 30 days. You may also send us a written request to PO Box 5407, Lancaster, PA 17606-5407, USA.
Variations to the Terms and Conditions
APEX Asset Management, LLC reserves the right to vary these Terms and Conditions from time to time and the current version will be published on this website. We reserve the right to decline the acceptance of an online payment if your account is in default for any reason. APEX Asset Management, LLC may also make additions/deletions/alterations to the services offered, at its sole discretion. We reserve the right to withdraw the service at any time at its discretion. We retain the right to change the terms and conditions for Online Fees Payments, without any prior notice.
Your payment transaction will be completed upon (a) approval by your credit card company or bank and (b) Apex Asset Management, LLC's acceptance of your payment. If your payment does not process for any reason, Apex Asset Management, LLC may contact you using the contact information you have provided to them or to your original creditor. By agreeing to the payment processing terms and conditions set forth on this page, you consent to Apex Asset Management, LLC calling you on your cell phone, or sending you a text message on your cell phone and using an Automatic Telephone Dialing System. If your payment does not process for any reason, your account will not be credited with payment. You will remain responsible for the outstanding balance on your account as well as any penalties, late fees and interest charges that may be legally applied to your account.
Privacy/Security of Online Processing
Collection of Information
Apex Asset Management, LLC will collect and use information obtained from credit card transactions only for business purposes. We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited.
Protecting Your Credit Card and Financial Information
The credit card information provided to Apex Asset Management, LLC will be stored in a confidential manner. All information is encrypted and once entered into the website, our employees may not access your personal credit card information encrypted tokens are used when transactions such as a refund must be issued back to the credit card. We maintain administrative, technical and physical safeguards to protect your information from loss, theft, and misuse, and unauthorized access, disclosure, alteration, and destruction.
Disclosure of Your Information
Apex Asset Management, LLC does not disclose any nonpublic information (such as demographic information, credit card numbers, expiration dates, etc.) to anyone, except as required by law. We do not disclose information about you to other entities that may want to sell their products to you. We will not sell your personally identifiable information to anyone.
All payment details which are entered through this payment gateway are encrypted when the Consumer enters them. The site is secure and uses 128-bit encryption to offer secure communications by encrypting all data to and from the site Apex Asset Management, LLC shall not be liable for any failure by the Consumer to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons, during the Online Payment process or in respect of any omission to provide accurate information in the Course of the Online Payment Process.
In the event where a refund is requested and warranted, a refund for the services charged must be reimbursed to the credit card account charged in the initial transaction.
Who is Ontario Systems, LLC?
Ontario Systems, LLC is the third-party vendor contracted with Apex Asset Management, LLC to provide secure online payments, and additionally has contracted to process online payments for Apex Asset Management, LLC customers.
Why are we using a third-party vendor?
Ontario Systems, LLC has the expertise in online payment systems to meet all security and privacy issues and meets the banking and credit card industry compliance requirements. Our contract with them ensures that the processes are compliant with all regulations governing the processing of online credit card payments.
THE FOLLOWING DISCLOSURE APPLIES TO RESIDENTS OF CALIFORNIA:
The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov Nonprofit credit counseling services may be available in the area. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit-reporting agency if you fail to fulfill the terms of your credit obligations.
THE FOLLOWING DISCLOSURE APPLIES TO RESIDENTS OF MAINE:
If you have an issue with the way we are collecting your debt, contact the Maine Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection at 35 State House Station, Augusta, ME 04333, 207424-8527.
THE FOLLOWING DISCLOSURE APPLIES TO RESIDENTS OF MASSACHUSETTS:
NOTICE OF IMPORTANT RIGHTS: You have the right to make a written or oral request that telephone calls regarding your debt not be made to you at your place of employment. Any such oral request will be valid for only ten (10) days unless you provide written confirmation of the request postmarked or delivered within seven (7) days of such request. You may terminate this request by writing to APEX ASSET MANAGEMENT, LLC
THE FOLLOWING DISCLOSURE APPLIES TO RESIDENTS OF NEW YORK:
This collection agency is licensed by the Department of Consumer Affairs of the City of New York, License number (1262528-DCA) APEX ASSET MANAGEMENT, LLC conducts its business in English, however, we are able to provide limited foreign language access services in Spanish but cannot guarantee such services will be available at all times during the workday. We are required by regulation of the New York State Department of Financial Services to notify you of the following information. This information is NOT legal advice. Debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts, including but not limited to
- the use or threat of violence;
- use of obscene or profane language; and
iii. repeated phone calls made with the intent to annoy, abuse, or harass. If a creditor or debt collector receives a money Judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt:
- Supplemental security income, (SSD)
- Social security;
- Public assistance (welfare);
- Spousal support, maintenance (alimony) or child support;
- Unemployment benefit;
- Disability benefits;
- Workers' compensation benefits;
- Public or private pensions;
- Veterans' benefits:
- Federal student loans, federal student grants, and federal work-study funds; and
- Ninety percent of your wages or salary earned in the last sixty days.
THE FOLLOWING DISCLOSURE APPLIES TO RESIDENTS OF TENNESSEE:
This collection agency is licensed by the collection service board, State Department of Commerce and Insurance, 500 James Robertson Parkway, Nashville, Tennessee 37243.
THE FOLLOWING DISCLOSURE APPLIES TO RESIDENTS OF TEXAS:
Consumers wishing to file a complaint against a company or a residential mortgage loan originator should complete and send a complaint form to the Texas department of savings and mortgage lending, 2601 North Lamar, Suite 201, Austin, Texas 78705. Complaint forms and instructions may be obtained from the department's website at www.sml.texas.gov. A toll-free consumer hotline is available at 1-877-276-5550. The department maintains a recovery fund to make payments of certain actual out-of-pocket damages sustained by borrowers caused by acts of licensed residential mortgage loan originators. A written application for reimbursement from the recovery fund must be filed with and investigated by the department prior to the payment of a claim. For more information about the recovery fund, please consult the department's website at www.sml.texas.gov.
THE FOLLOWING DISCLOSURE APPLIES TO RESIDENTS OF UTAH:
As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
THE FOLLOWING DISCLOSURE APPLIES TO RESIDENTS OF WYOMING:
As required by law, you are hereby notified that a negative credit report on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
THE FOLLOWING DISCLOSURE APPLIES IF YOUR DEBT IS PAST THE STATUTE OF LIMITATIONS:
The law limits how long you can be sued on a debt. Because of the age of this debt, you cannot be sued for it. Depending on the state you reside in, there are certain circumstances that can renew the debt and start the period for which the creditor can file a lawsuit to collect your debt, including but not limited to making a partial payment, providing a written promise to pay or otherwise affirming the debt. You should confer your state’s law to determine the effect of any action you take with respect to this debt. Please note each states’ law varies.