Terms of service
TERMS OF SERVICE
Last updated: August 9, 2026
OVERVIEW
Welcome to Apex Wellness.
The terms "we," "us," and "our" refer to Apex Wellness. Apex Wellness 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 Wellness is powered by Shopify, which enables us to provide the Services to you.
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 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, province, or jurisdiction of residence, or that you have given 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 store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.
You represent and warrant that all information you provide through our store 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 activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 — OUR PRODUCTS
We make reasonable efforts to provide accurate representations and descriptions of our products and services.
However, colors and product appearance may differ from how they appear on your screen due to your device, display settings, lighting, photography, manufacturing variations, or other factors.
We do not warrant that the appearance or quality of products or services purchased by you will exactly match their depiction or rendering on our online store.
All descriptions of products are subject to change at any time without notice at our 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 Wellness reserves the right to accept or decline an order as permitted by applicable law. Your order is not accepted until Apex Wellness confirms acceptance and payment has been successfully processed.
Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or modification requests after an order has entered processing or fulfillment.
If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, shipping information, and/or phone number provided with the order.
Purchases are subject to our Return and Refund Policy.
You represent and warrant that purchases are for lawful personal or household purposes and not for unauthorized commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts, promotions, and offers are subject to change without notice.
The price charged for a product or service will be the price in effect when the order is placed and will be reflected in your order confirmation.
Unless otherwise expressly stated, displayed prices do not include applicable taxes, customs duties, import charges, or other government-imposed charges.
Apex Wellness currently offers free standard shipping on eligible U.S. orders in accordance with our Shipping Policy. Shipping terms may be modified from time to time and the current Shipping Policy controls.
We may offer promotions that are governed by additional terms and conditions. If specific promotion terms conflict with these Terms regarding that promotion, the promotion-specific terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for purchases made through our store.
You agree to promptly update information when necessary so that we can complete transactions and contact you regarding your purchases.
You represent and warrant that:
1. Payment information you provide is true, correct, and complete.
2. You are authorized to use the payment method provided.
3. Charges incurred by you will be honored by the applicable payment provider.
4. You will pay all authorized charges associated with your order, including applicable taxes and other charges disclosed at checkout.
SECTION 5 — SHIPPING AND DELIVERY
Apex Wellness provides shipping information, estimated processing times, estimated transit times, and other delivery information in our Shipping Policy.
Delivery dates and transit times are estimates and are not guaranteed.
Orders may be affected by carrier delays, weather, customs processing, holidays, supplier or fulfillment delays, destination conditions, or other circumstances outside our reasonable control.
Some orders containing multiple products may arrive in separate shipments.
Customers are responsible for providing complete and accurate shipping information.
Please review our Shipping Policy for current shipping terms and estimated delivery information.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Apex Wellness, its affiliates, licensors, or applicable third-party rights holders and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services except as permitted by law or with appropriate authorization.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of Apex Wellness, Shopify, or any third party.
Unauthorized use of the Services may violate intellectual property laws.
All rights not expressly granted herein are reserved.
Apex Wellness names, logos, product and service names, designs, and slogans may be trademarks of Apex Wellness or applicable rights holders.
Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify.
Other names, logos, product and service names, designs, and slogans appearing through the Services may be trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided access to tools offered by third parties as part of the Services that we do not monitor and over which we may have limited or no control.
You acknowledge and agree that access to such tools may be provided "as is" and "as available" without warranties, representations, or conditions of any kind except as required by applicable law.
Your use of optional third-party tools is subject to the applicable third party's terms and policies.
We may also offer new features, tools, and resources through the Services in the future. Such features will be considered part of the Services and subject to these Terms unless otherwise stated.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and links to websites or platforms operated by third parties.
We are not responsible for examining or evaluating the content, accuracy, privacy, security, products, or services offered by third-party websites.
If you leave the Services to access a third-party website or service, you do so subject to that third party's applicable terms and policies.
Please review third-party policies carefully before engaging in transactions with those parties.
Questions or concerns regarding third-party products and services should generally be directed to the applicable third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Apex Wellness is powered by Shopify, which enables us to provide the Services to you.
However, sales and purchases made through our store are transactions directly between you and Apex Wellness.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Apex Wellness, including injury, damage, or loss resulting from purchased products and services, except to the extent otherwise required by applicable law.
To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Apex Wellness for which Shopify is not legally responsible.
SECTION 10 — PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Certain personal information may also be collected or processed by Shopify in accordance with Shopify's applicable privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes certain personal information regarding access to and use of the Services to provide and improve Shopify's services.
Information submitted through the Services may be transmitted to and shared with Shopify and applicable service providers, including parties located in countries other than your country of residence.
Please review the Apex Wellness Privacy Policy for additional information regarding how personal information is collected, used, disclosed, and protected.
SECTION 11 — FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content ("Feedback"), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback as permitted by applicable law.
This may include using Feedback to operate, provide, evaluate, improve, and promote the Services.
You represent and warrant that:
1. You own or have the necessary rights to submit the Feedback.
2. You have appropriately disclosed compensation or incentives associated with the Feedback where required.
3. Your Feedback complies with these Terms and applicable law.
We may monitor, edit, or remove Feedback that we determine violates these Terms, applicable law, third-party rights, or our policies.
You may not submit Feedback that violates another person's intellectual property, privacy, publicity, or other legal rights; contains unlawful or malicious material; contains malware; or intentionally misrepresents its origin.
You are responsible for the Feedback you submit and its accuracy.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Information provided through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, inventory, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to update information as permitted by applicable law.
If material information affecting an order is incorrect, we may contact you regarding correction or cancellation of the affected order.
SECTION 13 — PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services to:
• Violate applicable laws or regulations.
• Infringe our intellectual property rights or those of others.
• Harass, abuse, threaten, defame, intimidate, or unlawfully harm another person.
• Transmit false, fraudulent, or intentionally misleading information.
• Distribute spam, malicious software, viruses, or harmful code.
• Impersonate another person or entity.
• Collect personal information about others without appropriate authorization.
• Circumvent security or authorization measures.
• Interfere with the operation or security of the Services.
• Scrape, extract, reproduce, sell, resell, or exploit portions of the Services in violation of applicable law or these Terms.
We reserve the right to suspend or terminate access to the Services if we reasonably determine that these Terms have been violated.
SECTION 14 — AUTOMATED AGENTS
If automated or semi-automated software, services, bots, or agents access or interact with the Services, they must comply with applicable laws, these Terms, and technical measures used by the Services.
Automated systems must not intentionally conceal their automated nature when identification is reasonably required, circumvent CAPTCHAs or access controls, bypass measures designed to restrict automated access, or interfere with the security or normal operation of the Services.
We may limit or block automated access when reasonably necessary to protect the Services, customers, systems, intellectual property, or security.
SECTION 15 — TERMINATION
We may terminate or suspend your access to the Services, or portions thereof, when permitted by applicable law, including where we reasonably determine that you have violated these Terms.
You remain responsible for amounts properly due through the effective date of termination.
Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, Feedback, disclaimers, limitation of liability, indemnification, governing law, and privacy.
SECTION 16 — DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general informational purposes.
We do not warrant the accuracy, completeness, or usefulness of information except as otherwise expressly represented by Apex Wellness or required by applicable law.
To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided "as is" and "as available" without warranties or conditions of any kind except those that cannot legally be excluded.
Some jurisdictions do not permit certain warranty disclaimers or limitations, so portions of this section may not apply to you.
Nothing in these Terms is intended to exclude rights or warranties that cannot legally be excluded.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APEX WELLNESS, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR SIMILAR DAMAGES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LEGALLY BE LIMITED OR EXCLUDED.
Some jurisdictions do not allow certain limitations of liability. Where those laws apply, our liability will be limited only to the maximum extent permitted by law.
SECTION 18 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Apex Wellness and its affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable costs arising from:
1. Your material breach of these Terms.
2. Your violation of applicable law or third-party rights.
3. Your unlawful or unauthorized use of the Services.
We will provide reasonable notice of an indemnifiable claim where practicable.
Nothing in this section limits rights or protections that cannot be waived under applicable law.
SECTION 19 — 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 applicable law and the unenforceable portion will be deemed severed.
Such determination will not affect the validity and enforceability of the remaining provisions.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and the policies or operating rules incorporated into them constitute the agreement governing your use of the Services, subject to rights that cannot be waived under applicable law.
If a specific policy or promotional term expressly governs a particular transaction or issue, that specific provision may control with respect to that matter.
SECTION 21 — ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent except where applicable law provides otherwise.
We may transfer or assign our rights and obligations in connection with a legitimate transfer, restructuring, sale, or operation of the business, subject to applicable law.
SECTION 22 — GOVERNING LAW
These Terms of Service and any separate agreements through which Apex Wellness provides Services will be governed by applicable United States federal law and the laws of the State of California, without regard to conflict-of-law principles, except where applicable consumer-protection law requires otherwise.
Any dispute subject to court jurisdiction will be handled by a court of competent jurisdiction as provided by applicable law.
Nothing in these Terms deprives consumers of mandatory rights or protections available under the laws applicable to them.
SECTION 23 — HEADINGS
Headings used in these Terms are provided for convenience only and do not limit or otherwise affect the interpretation of these Terms.
SECTION 24 — CHANGES TO TERMS OF SERVICE
You may review the current version of these Terms of Service on our website.
We reserve the right to update, change, or replace portions of these Terms by posting an updated version to the website.
Where required by applicable law, we will provide notice of material changes.
Changes will become effective on the date stated in the updated Terms or applicable notice.
Your continued use of the Services following an effective update constitutes acceptance of the revised Terms to the extent permitted by applicable law.
SECTION 25 — CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
Apex Wellness
Email: support@yourapexwellness.com
You may also contact us through the contact form available on our website.
