Terms of service
OVERVIEW
Welcome to Apex Athletics! The terms “we”, “us” and “our” refer to Apex Athletics. Apex Athletics 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”). Apex Athletics is powered by Shopify, which enables us to provide the Services to you.
The below 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 these Terms of Service carefully, as they include important information about your legal rights and cover areas such as 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 to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, colors or product appearance may differ depending on your device settings and display configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly as depicted.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Apex Athletics reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance and process payment.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after acceptance. If we cancel or modify an order, we will attempt to notify you using the contact information provided.
Purchases are subject to our Refund & Return Policy.
You represent and warrant that purchases are for personal or household use only and not for resale or export.
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 of purchase and stated in your confirmation email. Posted prices do not include taxes, shipping, customs or import charges unless otherwise stated.
You agree to provide current and accurate billing and account information and promptly update it as necessary.
You represent and warrant that:
(i) payment information is accurate and authorized,
(ii) you are authorized to use the payment method provided, and
(iii) you will pay all charges incurred including shipping and applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not liable for shipping delays caused by carriers, customs processing or events outside our control.
Once products are transferred to the carrier, title and risk of loss pass to you.
Apex Athletics operates as an online-only business and does not accept in-person returns, pickups or customer visits.
SECTION 6 - INTELLECTUAL PROPERTY
All content within the Services, including trademarks, logos, text, images, graphics, videos, and design elements, are owned by Apex Athletics or its licensors and protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial use only. Unauthorized reproduction or use is prohibited.
Shopify’s name and related marks are trademarks of Shopify. All other marks belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools “as is” and without warranties. We are not liable for your use of optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS
We are not responsible for third-party websites linked through our Services. Use of third-party sites is at your own risk.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Apex Athletics is powered by Shopify. All sales and purchases are made directly with Apex Athletics.
By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and Apex Athletics, including injury, damage or loss resulting from purchased products. You release Shopify and its affiliates from claims arising from such transactions.
SECTION 10 - PRIVACY POLICY
All personal information is governed by our Privacy Policy. Because the Services are hosted by Shopify, certain information may also be processed by Shopify in accordance with its privacy practices.
SECTION 11 - FEEDBACK
Any feedback submitted grants us a perpetual, royalty-free license to use it for commercial purposes. We are not obligated to compensate or respond to feedback.
SECTION 12 - ERRORS
We reserve the right to correct errors, inaccuracies or omissions and cancel orders if necessary.
SECTION 13 - PROHIBITED USES
You may not use the Services for unlawful purposes, to infringe intellectual property rights, harass others, transmit malicious code, scrape data, or interfere with security features. We may suspend or terminate accounts for violations.
SECTION 14 - TERMINATION
We may terminate access at any time without notice. Provisions that by nature should survive termination will remain in effect.
SECTION 15 - DISCLAIMER OF WARRANTIES
The Services and products are provided “as is” and “as available” without warranties of any kind. We do not guarantee uninterrupted or error-free use.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Apex Athletics and its affiliates shall not be liable for any indirect, incidental, punitive or consequential damages arising from use of the Services or products.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless Apex Athletics and its affiliates from claims arising from your breach of these Terms or violation of law.
SECTION 18 - SEVERABILITY
If any provision is unenforceable, the remaining provisions remain valid.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Apex Athletics.
SECTION 20 - ASSIGNMENT
We may assign these Terms without notice. You may not assign them without consent.
SECTION 21 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Apex Athletics operates, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the competent courts within that jurisdiction.
SECTION 22 - HEADINGS
Headings are for convenience only.
SECTION 23 - CHANGES TO TERMS
We may update these Terms at any time by posting updates on this page. Continued use of the Services constitutes acceptance of changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
apexrizeathletics@gmail.com