Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of the website at apexasphalt.org (the “Site”) and describe the general terms under which Apex Asphalt (“Apex Asphalt”, “we”, “us”, or “our”) provides information and responds to service inquiries. By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

1. About This Site

The Site provides information about commercial parking lot maintenance, asphalt repair, sealcoating, crack sealing, resurfacing, and striping services offered by Apex Asphalt in Salt Lake, Utah, Davis, Tooele, and Wasatch Counties, Utah. The Site is informational. Using it does not create a contractor–client relationship between you and Apex Asphalt.

2. Estimates Are Not Contracts

Any pricing, timeline, or scope information presented on the Site is general and illustrative. It is not an offer, a quotation, or a binding commitment. Actual pricing and scope depend on a site evaluation and are provided only in a written estimate.

A written estimate from Apex Asphalt is valid for the period stated on that estimate and is subject to a physical inspection of the work site. Estimates may be revised if conditions discovered during the work differ materially from those visible at the time of inspection — for example, undisclosed sub-grade failure, buried debris, drainage problems, or utility conflicts. We will notify you and obtain your approval before performing work that materially exceeds an approved estimate.

Work begins only after you approve a written estimate or sign a separate written agreement. Where a separate written agreement exists between you and Apex Asphalt, that agreement governs the work and controls over these Terms in the event of any conflict.

3. Scheduling and Weather

Asphalt work is weather- and temperature-dependent. Placement, compaction, sealcoating, crack sealing, and striping all require conditions within specific ranges to be performed correctly. We may reschedule work due to weather, ground temperature, moisture, or other conditions that would compromise quality. We will make reasonable efforts to communicate schedule changes promptly. Apex Asphalt is not liable for losses arising from weather-related delays.

4. Site Access and Customer Responsibilities

You agree to provide safe and adequate access to the work area on scheduled dates, including removing vehicles, equipment, and personal property from the work area, and keeping people and pets clear of the area during work and curing.

You are responsible for identifying and disclosing the location of private underground utilities, irrigation lines, septic components, invisible fencing, and similar buried installations that are not covered by public utility locating services. Apex Asphalt is not responsible for damage to undisclosed private underground installations.

You represent that you own the property or are authorized to approve work on it.

5. Curing and Aftercare

Newly placed asphalt remains soft and continues to cure for an extended period after installation. You are responsible for following the aftercare guidance we provide, which typically includes keeping traffic off the surface for a specified period, avoiding concentrated point loads such as jack stands, trailer tongues, and kickstands, and avoiding turning wheels while a vehicle is stationary. Damage resulting from failure to follow aftercare guidance is not covered by any warranty.

6. Workmanship and Warranty

Any warranty on labor or materials is set out in your written estimate or agreement. Unless expressly stated there, no warranty is provided by these Terms.

Asphalt is a flexible material. Some surface characteristics are normal and are not defects, including minor color variation, visible seams and joints, tire scuffing during hot weather, minor settling, and hairline thermal cracking over time. Warranties do not cover damage from sub-grade or drainage conditions that pre-existed the work and were excluded from scope, damage from vehicles or loads exceeding the design use of the surface, damage from chemicals, fuel, or oil, damage from de-icing chemicals or snow removal equipment, or damage from acts of nature.

7. Payment

Payment terms are stated in your written estimate or agreement. Unless otherwise agreed in writing, invoices are due upon completion. Balances not paid when due may accrue interest and collection costs to the maximum extent permitted by Utah law.

8. Site Content and Intellectual Property

All content on the Site — text, graphics, logos, photographs, and video — is owned by Apex Asphalt or used with permission and is protected by applicable intellectual property laws. You may view and print Site content for your own non-commercial use in evaluating our services. You may not reproduce, republish, distribute, or create derivative works from Site content without our prior written permission.

9. Third-Party Links and Embedded Content

The Site may link to or embed third-party content, including video hosted by third-party platforms. We do not control and are not responsible for third-party content, websites, or practices. Your interaction with third-party content is governed by that third party’s terms and privacy policy.

10. Disclaimer

The Site and its content are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Information on the Site, including guidance about pavement conditions and maintenance, is general in nature and is not a substitute for a professional evaluation of your specific property. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components.

11. Limitation of Liability

To the fullest extent permitted by law, Apex Asphalt and its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or business, arising out of or relating to your use of the Site — regardless of the theory of liability and even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Site will not exceed one hundred U.S. dollars (USD $100). Liability arising from services we actually perform is governed by your written estimate or agreement, not by this section.

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud, or for death or personal injury caused by negligence.

12. Indemnification

You agree to indemnify and hold harmless Apex Asphalt and its owners, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Site or your violation of these Terms or applicable law.

13. Changes to These Terms

We may update these Terms at any time. The revised version takes effect when posted to this page, and the “Last updated” date above will reflect the change. Your continued use of the Site after a change constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Utah, and you consent to the personal jurisdiction of those courts.

15. Severability and Entire Agreement

If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force. These Terms, together with any written estimate or agreement between us, constitute the entire agreement regarding your use of the Site.

16. Contact

Questions about these Terms can be directed to:

Apex Asphalt
Phone: (801) 669-9024
Email: [email protected]
Service area: Salt Lake, Utah, Davis, Tooele, and Wasatch Counties, Utah