Terms of service
OVERVIEW
This website is operated by Apexarn®. Throughout the site, the terms “we,” “us,” and “our” refer to Apexarn®.
Apexarn® offers this website, including all information, tools, products, and services available through this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available through our website.
These Terms of Service apply to all users of the site, including, without limitation, browsers, customers, merchants, vendors, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to these Terms of Service.
If you do not agree to these Terms, you should not access the website or use our Services.
Any new features, products, services, or tools added to our store will also be subject to these Terms of Service.
We reserve the right to update, change, or replace any part of these Terms by publishing updates on our website. Your continued use of the website after changes have been published constitutes acceptance of those changes.
Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to offer and sell our products and services.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, territory, or country of residence, or that you are the age of majority and have given consent for any minor dependents under your supervision to use this website.
You may not use our products or Services for any illegal or unauthorized purpose.
You may not, in your use of the Service, violate any applicable laws or regulations, including intellectual property and copyright laws.
You must not transmit viruses, malware, worms, destructive code, or any other technology designed to interfere with the operation or security of the website.
A breach or violation of these Terms may result in suspension or termination of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service or cancel an order where reasonably necessary, including in circumstances involving suspected fraud, misuse of our website, payment issues, prohibited activity, or violations of these Terms.
You understand that content you provide to us, excluding protected payment information, may be transmitted across various networks and modified as necessary to meet technical requirements.
Payment information is handled through payment processors and security systems designed to protect sensitive transaction information.
You agree not to reproduce, duplicate, copy, sell, resell, exploit, or commercially use any portion of the Service, website, content, or access to the Service without our express written permission.
Headings contained in these Terms are provided for convenience and do not limit or otherwise affect their interpretation.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make reasonable efforts to provide accurate and current information on our website.
However, information on the website may occasionally be incomplete, outdated, or contain errors.
Information provided on this website is intended for general informational purposes and should not necessarily be relied upon as the sole basis for making decisions where additional professional or authoritative information may be appropriate.
Historical information, where provided, is supplied for reference only.
We reserve the right to modify website content at any time, subject to applicable law.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products may change without prior notice.
We reserve the right to modify, suspend, or discontinue any product, Service, promotion, feature, or content at any time.
Where permitted by applicable law, Apexarn® will not be liable for modifications, price changes, suspension, or discontinuation of a Service.
Price changes will not affect orders that have already been completed unless otherwise required due to an obvious error, fraud concern, or other legally permitted circumstance.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through our website.
Products may have limited quantities and are eligible for returns, refunds, replacements, or exchanges only in accordance with our Return & Refund Policy and applicable law.
We make reasonable efforts to display product photographs, colors, dimensions, specifications, and descriptions accurately.
However, device screens, lighting, photography, manufacturing tolerances, and other factors may cause minor differences between the appearance of a product online and the item received.
We reserve the right, where permitted by law, to:
- Limit quantities purchased per customer or order.
- Limit availability by geographic region or jurisdiction.
- Modify product descriptions.
- Modify product prices.
- Discontinue products.
- Reject transactions involving suspected fraud, resale, abuse, or misuse.
Any offer made through this website is void where prohibited by law.
Nothing in these Terms excludes any consumer guarantee, warranty, or other legal right that cannot lawfully be excluded.
SECTION 6 - HEALTH AND WELLNESS INFORMATION
Apexarn® products and website content are intended for general wellness and informational purposes unless expressly stated otherwise.
Information appearing on our website, advertisements, product pages, emails, or other materials should not be considered individualized medical advice, diagnosis, or treatment.
Individual circumstances vary. Customers should follow product instructions, warnings, and safety information provided with the product.
If you have an existing medical condition, implanted medical device, injury, unusual or persistent pain, are pregnant, or have concerns regarding whether a product is appropriate for you, you should seek guidance from an appropriately qualified healthcare professional before use.
Do not disregard professional medical advice because of information presented on our website.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse, limit, or cancel an order where reasonably necessary.
This may include orders placed:
- Under the same customer account.
- Using the same payment method.
- Using the same billing or shipping address.
- In quantities suggesting unauthorized resale.
- Where fraudulent or suspicious activity is detected.
If we modify or cancel an order, we may attempt to notify you using the email address, telephone number, billing information, or other contact details supplied when the order was placed.
You agree to provide current, complete, and accurate purchase and account information.
You agree to promptly update information where necessary so that we can process transactions and communicate with you regarding your order.
For information concerning returns and refunds, please review our Return & Refund Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide access to third-party tools or services that we do not own, operate, monitor, or control.
Third-party tools may be provided on an “as available” basis and may be subject to separate terms and privacy policies.
Your use of third-party tools is at your own discretion.
Before using them, you should review any terms, policies, or conditions provided by the relevant third-party provider.
We may introduce additional Services, tools, applications, or website features in the future. Unless otherwise stated, those features will also be subject to these Terms.
SECTION 9 - THIRD-PARTY LINKS
Certain content or Services available through our website may contain links to third-party websites.
A third-party link does not necessarily mean that Apexarn® endorses or controls the third-party website.
We are not responsible for the content, privacy practices, accuracy, availability, products, or Services of independent third-party websites.
We encourage you to review the policies and terms of third-party websites before entering into transactions with them.
Questions or disputes concerning products or services purchased directly from an independent third party should generally be directed to that third party.
SECTION 10 - USER COMMENTS, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS
If you voluntarily submit reviews, comments, feedback, photographs, suggestions, ideas, or other material to Apexarn®, you represent that you have the right to provide that content.
Where permitted by applicable law and subject to our Privacy Policy, you grant Apexarn® permission to use, reproduce, publish, display, translate, and distribute submitted content for purposes connected with operating, improving, and promoting our business.
We may moderate or remove content that we reasonably determine to be:
- Unlawful.
- Threatening or abusive.
- Defamatory.
- Obscene.
- Fraudulent or misleading.
- Infringing upon intellectual property rights.
- Violating these Terms.
You agree not to submit content that violates another person's copyright, trademark, privacy, publicity, personality, or other legal rights.
You must not impersonate another individual or provide deliberately misleading information regarding the origin of content.
You remain responsible for the accuracy and legality of content that you submit.
SECTION 11 - PERSONAL INFORMATION
Your submission and our handling of personal information through the store are governed by our Privacy Policy.
Please review the Apexarn® Privacy Policy for information regarding how personal information may be collected, used, disclosed, or otherwise processed.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to matters including:
- Product descriptions.
- Prices.
- Promotions.
- Offers.
- Shipping charges.
- Delivery estimates.
- Product availability.
- Product specifications.
We reserve the right to correct errors, inaccuracies, or omissions and, where legally permitted, to update information or cancel an affected order.
If an order is cancelled after payment has been collected, the applicable amount will be refunded in accordance with our payment and refund procedures.
Nothing in this section limits rights provided to customers under applicable consumer law.
SECTION 13 - PROHIBITED USES
You may not use our website or its content:
- For unlawful purposes.
- To encourage another person to commit unlawful acts.
- To violate applicable international, federal, state, provincial, or local laws.
- To infringe our intellectual property rights or those of another party.
- To harass, abuse, threaten, defame, intimidate, or unlawfully discriminate against others.
- To knowingly submit false or misleading information.
- To upload viruses, malware, or malicious code.
- To improperly collect personal information belonging to others.
- To spam, phish, scrape, crawl, or interfere with the website.
- To circumvent website security measures.
- To engage in fraudulent purchasing activity.
- To interfere with the operation of our website or Services.
We reserve the right to restrict or terminate access where these prohibited activities occur.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that the website or Service will always be uninterrupted, error-free, or available.
From time to time, the website or certain Services may become temporarily unavailable due to maintenance, technical problems, third-party service interruptions, or circumstances beyond our reasonable control.
Except where otherwise required by law, Services and website functionality are provided on an “as available” basis.
To the maximum extent permitted by applicable law, Apexarn®, together with its officers, employees, affiliates, contractors, suppliers, service providers, and licensors, will not be responsible for indirect, incidental, special, punitive, or consequential losses arising from your use of the website or Services.
Nothing in these Terms excludes or restricts liability where doing so would be prohibited by applicable law.
Nothing in these Terms is intended to exclude legally protected consumer rights that cannot lawfully be waived.
SECTION 15 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Apexarn® and its affiliates, officers, directors, employees, agents, contractors, service providers, suppliers, and licensors from third-party claims arising from:
- Your material breach of these Terms.
- Your unlawful use of the website.
- Your violation of applicable law.
- Your violation of another party's rights.
SECTION 16 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions will continue in full force and effect.
SECTION 17 - TERMINATION
These Terms remain effective unless terminated by you or Apexarn®.
You may stop using the website or Services at any time.
We may suspend or terminate access where we reasonably determine that a user has materially violated these Terms, engaged in fraud, attempted to interfere with the website, or used the Service unlawfully.
Rights and obligations that arose before termination may continue where appropriate.
SECTION 18 - ENTIRE AGREEMENT
These Terms of Service, together with policies referenced through our website, constitute the agreement governing your use of our website and Services.
Our failure to exercise or enforce a provision of these Terms does not constitute a waiver of that provision.
If any ambiguity exists, the Terms will be interpreted in accordance with applicable law.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements through which Apexarn® provides Services will be governed by applicable laws of the State of Delaware and the United States, subject to any mandatory consumer protection laws that may apply based on a customer's location.
SECTION 20 - CHANGES TO THESE TERMS OF SERVICE
You may review the current version of these Terms of Service at any time on this page.
We reserve the right to update or replace portions of these Terms by publishing revised Terms on our website.
Changes will become effective when published unless otherwise stated.
Your continued use of the website after an update constitutes acceptance of the revised Terms, subject to applicable law.
SECTION 21 - CONTACT INFORMATION
Questions regarding these Terms of Service can be sent to: