Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern access to and use of the website located at apexconstruction.ph (the "Site"), as well as any consultations, architectural floor plans, estimates, or construction services provided by Apex Construction ("Company", "we", "us", or "our"). By accessing the Site or submitting an inquiry, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

2. Architectural Estimates and Project Feasibility

All floor plans, specifications, 3D renderings, and cost estimations displayed on the Site or provided via digital correspondence are preliminary in nature. Actual construction costs and timelines depend upon soil testing, local zoning and building permits, terrain topography, logistics, and material market adjustments. Formal building agreements must be executed in a separate, written Construction Contract signed by both parties.

3. Intellectual Property Rights

All designs, engineering blueprints, graphic assets, software code, copy, and brand iconography on this Site are the proprietary property of Apex Construction or its licensors. You may download or print single copies of promotional brochures and spec sheets strictly for personal, non-commercial evaluation of our building packages.

4. Prohibited Uses, Automated Crawlers, and Litigation Scraping

You agree to use the Site only for lawful, personal, and legitimate commercial construction evaluation purposes. The following activities are strictly prohibited:

• Automated Scraping and Extraction: Deploying any robot, spider, scraper, crawler, deep-link, automated query, or other automatic device, program, algorithm, or methodology to monitor, harvest, extract, or index any portion of the Site, its floor plans, pricing models, source code, or legal documents.
• Automated Legal Crawlers and Manufactured Claims: Utilizing automated scanners, bots, or programmatic scrapers to search for perceived statutory, regulatory, accessibility, or technical discrepancies for the purpose of manufacturing claims, soliciting plaintiffs, or generating automated demand letters ("Litigation Harvesting"). You acknowledge that automated crawlers, bots, and programmatic agents do not constitute bona fide human consumer visits and do not establish standing under the Americans with Disabilities Act (ADA), California Invasion of Privacy Act (CIPA), Telephone Consumer Protection Act (TCPA), or state consumer protection statutes.
• Security Bypassing and Rate Limiting: Attempting to bypass, circumvent, or disable any rate limits, robots.txt directives, security headers, bot mitigation systems, or access controls implemented on the Site or its underlying edge servers.
• Commercial Exploitation: Reverse-engineering, reproducing, or redistributing our architectural designs, structural calculations, or digital assets for competing enterprise use without our express written license.

Any operator, principal, or entity that operates or deploys an automated crawler or bot targeting the Site agrees that such access constitutes assent to these Terms and that any controversy, claim, or dispute arising out of or related to such access or scraping shall be strictly subject to the Mandatory Binding Individual Arbitration provisions in Section 5.

5. Mandatory Binding Individual Arbitration and Class Action Waiver

This Section 5 constitutes an agreement to arbitrate all disputes on an individual basis. Please review this section carefully.

5.1 Mutual Agreement to Arbitrate

You and Apex Construction agree that any claim, dispute, controversy, or cause of action arising out of or relating to these Terms, the Site, communications between the parties, automated access, or any products or services offered (each a "Dispute") shall be settled exclusively by final, binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, rather than in a court of general jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act ("FAA") (9 U.S.C. Section 1 et seq.) and evidences a transaction involving commerce.

5.2 Mandatory 60-Day Informal Dispute Resolution Period

Before initiating any formal arbitration proceeding, the party asserting a Dispute must first provide written notice to the other party ("Notice of Dispute"). The Notice of Dispute must contain: (a) the claimant's full name, address, phone number, and email; (b) a factual description of the nature and basis of the claim; and (c) the specific relief sought. For notices sent to Apex Construction, the notice must be delivered via email to legal@apexconstruction.ph or by registered mail to our office in Davao City, Philippines. The parties agree to engage in good-faith informal negotiations for a period of sixty (60) days from the date the Notice of Dispute is received. Neither party may initiate arbitration until the conclusion of this sixty-day negotiation period.

5.3 Explicit Waiver of Class Actions and Representative Actions

YOU AND APEX CONSTRUCTION EXPLICITLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to consolidate multiple claims, conduct class proceedings, or award relief on behalf of anyone other than the individual claimant.

5.4 30-Day Opt-Out Procedure

You have the right to opt out of the provisions of this Section 5 by sending written notice of your decision to opt out within thirty (30) calendar days of your initial visit to the Site, automated access, or submission of an intake form. The opt-out notice must be submitted in writing to legal@apexconstruction.ph with the subject line "Arbitration Opt-Out" and must state your legal name, telephone number, mailing address, and an unambiguous statement that you decline to be bound by the arbitration agreement. Opting out of arbitration does not alter any other provision of these Terms.

5.5 Non-Severability of Class Action Waiver

If the Class Action Waiver in Section 5.3 is found to be unlawful, void, or unenforceable as to all or any part of a Dispute, then Section 5 in its entirety shall be deemed void, null, and of no legal effect, and the Dispute shall be resolved exclusively in the appropriate courts of competent jurisdiction. The remaining provisions of these Terms shall remain in full force and effect.

6. Disclaimer of Warranties

The Site and its contents are provided on an "as is" and "as available" basis without warranties of any kind, whether express, statutory, or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Limitation of Liability

To the fullest extent permitted by applicable law, neither Apex Construction nor its directors, officers, employees, or contractors shall be liable for any indirect, incidental, special, consequential, or punitive damages arising from your access to or use of the Site or our preliminary estimates.

8. Governing Law and Forum

Except as provided in Section 5 regarding the Federal Arbitration Act, these Terms shall be governed by and construed in accordance with applicable substantive law, without regard to conflicts of law principles.

9. Modifications to Terms

Apex Construction reserves the right to modify or update these Terms at any time by posting the revised version on the Site with an updated Effective Date. Your continued use of the Site following any changes indicates your agreement to the updated Terms.

10. Contact Information

For questions or notices regarding these Terms, please contact our Legal and Compliance Office:

• Email: legal@apexconstruction.ph
• General Inquiries: info@apexconstruction.ph
• Telephone: (+63) 936-895-7310
• Address: Davao City, Davao del Sur, Philippines