Terms of Service
Overview
Welcome to Apexely! The terms "we", "us" and "our" refer to Apexely. Apexely operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services").
These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
Section 1 — Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. To use the Services, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent that all information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all activity on your account.
Section 2 — Our Products
We have made every effort to represent our products accurately. However, colors and product appearance may differ from how they appear on your screen due to your device and its settings. All descriptions are subject to change at any time without notice, and we reserve the right to discontinue any product or limit quantities at our discretion.
Section 3 — Orders
When you place an order, you are making an offer to purchase. Apexely reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
Section 4 — Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and set out in your order confirmation email. You agree to provide current, complete and accurate purchase and payment information, and you represent that you are authorized to use the payment method you provide.
Section 5 — Shipping and Delivery
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
Section 6 — Intellectual Property
Our Services, including all trademarks, text, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Apexely, its affiliates or licensors and are protected by intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, publicly display, republish, or transmit any material on the Services without our prior written consent.
Section 7 — Third-Party Links
The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of any third-party materials or websites, and we are not liable for any harm related to your use of them. Please review the third party's policies before you engage in any transaction.
Section 8 — Feedback
If you submit any ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish and display such Feedback for any purpose, including commercial use. You represent that you own or have the necessary rights to your Feedback and that it does not violate any third party's rights or these Terms. We are under no obligation to keep Feedback confidential or to pay compensation for it.
Section 9 — Errors, Inaccuracies and Omissions
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
Section 10 — Prohibited Uses
You may access and use the Services for lawful purposes only. You may not use the Services: for any unlawful or malicious purpose; to violate any laws or regulations; to infringe our or others' intellectual property rights; to harass, abuse or harm any person; to transmit false or misleading information; to send spam or other unsolicited communications; to impersonate any person or entity; to upload viruses or malicious code; to collect others' personal information; or to interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account if we determine that you have violated any part of these Terms.
Section 11 — Termination
We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination — including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, and Indemnification — will continue to apply.
Section 12 — Disclaimer of Warranties
The information presented through the Services is made available for general information purposes only, and we do not warrant its accuracy, completeness or usefulness. Except as expressly stated by Apexely, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
Section 13 — Limitation of Liability
To the fullest extent provided by law, in no case shall Apexely, or our directors, officers, employees, affiliates, agents, contractors, service providers or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind — including lost profits, lost revenue, lost data, or replacement costs — arising from your use of the Services or any products procured using the Services, even if advised of their possibility.
Section 14 — Indemnification
You agree to indemnify, defend and hold harmless Apexely and our affiliates, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services.
Section 15 — Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed; this shall not affect the validity of the remaining provisions.
Section 16 — Entire Agreement
These Terms of Service and any policies posted by us on this site constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements. Our failure to exercise or enforce any right or provision shall not constitute a waiver of that right or provision.
Section 17 — Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where Apexely is headquartered, and you consent to venue and personal jurisdiction in those courts.
Section 18 — Changes to Terms of Service
You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
Section 19 — Contact Information
Questions about these Terms of Service should be sent to us at support@apexelystore.com.