01 Agreement and Eligibility

This website is operated by APEX pro series. In these Terms, “APEX,” “we,” “us” and “our” mean APEX pro series; “Site” means apexproseries.com; and “Services” means the Site, online store, products, information and related customer services we provide.

By accessing the Site, placing an order or otherwise using the Services, you agree to these Terms and to our Privacy Policy, Shipping Policy and Returns & Refund Policy, each of which forms part of this agreement.

You must be the age of majority in your province, state or territory of residence, or use the Services with the involvement and permission of a parent or legal guardian. If you do not agree to these Terms, do not use the Services.

If you use the Services on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms.

02 Orders and Acceptance

Submitting an order is an offer to purchase the products shown in your order. An automated order acknowledgement confirms that we received your order but does not, by itself, mean that APEX has accepted it.

An order is accepted when we send a shipping confirmation or otherwise expressly confirm acceptance. We may decline or cancel an order before acceptance for reasons including product availability, payment authorization, suspected fraud, pricing or description errors, shipping restrictions, unusually large quantities, or suspected resale activity.

If we cancel an order after payment has been authorized or collected, we will void the authorization or refund the amount paid to the original payment method. We will use the contact information provided with the order to notify you when reasonably possible.

You are responsible for providing accurate, current and complete order, billing, shipping and contact information. Please review all details before submitting an order and promptly contact us if a correction is required.

03 Prices, Payment and Taxes

Prices are shown in the currency displayed on the Site and may change without notice. A price change does not affect an order that APEX has already accepted, except where correction is permitted by applicable law.

Applicable taxes and shipping charges are shown during checkout before you submit your order. For U.S. orders, duties, tariffs and customs-processing charges are addressed in our Shipping Policy. You are responsible for charges identified as payable by the recipient, subject to applicable law.

Payment is processed through Shopify and its payment partners. You represent that you are authorized to use the payment method submitted with your order. We may require additional verification before accepting or fulfilling an order.

We may correct genuine pricing, promotional or product-description errors. If an error materially affects an unfulfilled order, we will contact you and provide the option to proceed on the corrected terms or cancel for a full refund.

04 Products and Availability

We make reasonable efforts to describe and display products accurately. Colours and appearance may vary because of lighting, photography, manufacturing tolerances and screen settings. Product dimensions, weights and specifications may include reasonable measurement tolerances unless stated otherwise.

Products and quantities are subject to availability. We may limit quantities, discontinue products or restrict sales to particular locations where reasonably necessary. An offer is void where prohibited by law.

Site content is provided for general product information. It does not replace product instructions, warnings, training, professional advice or your own assessment of conditions and ability.

05 Shipping, Returns and Refunds

Shipping destinations, processing estimates, delivery information, tracking, duties and tariffs are governed by our Shipping Policy. Delivery dates are estimates unless applicable law expressly provides otherwise.

Return eligibility, authorization, return shipping, exchanges and refund timing are governed by our Returns & Refund Policy.

Risk of loss and title pass as provided by applicable law. Nothing in our policies limits mandatory rights or remedies available under consumer-protection law.

06 One-Year Limited Warranty

APEX warrants to the original purchaser that APEX-branded products will be free from defects in materials and workmanship for one year from the original purchase date, subject to the exclusions below and any additional rights provided by applicable law.

This limited warranty does not cover:

• normal wear and tear, including cosmetic changes that do not affect function;
• damage caused by accident, misuse, abuse, improper storage or maintenance, or use contrary to instructions or warnings;
• modification, unauthorized repair or use with incompatible components;
• damage caused by environmental conditions, animals, loss or theft; or
• products purchased from an unauthorized seller or without reasonable proof of purchase.

If a covered defect is confirmed, APEX will, at its option and subject to applicable law, repair the product, replace it with the same or a reasonably equivalent product, or refund the purchase price. A replacement product or part is covered for the longer of the remainder of the original warranty period or any minimum period required by law.

To request warranty service, email info@apexproseries.com with your order number or proof of purchase, a description of the issue and clear photographs when possible. Do not send a product back until APEX provides return instructions.

07 Product Safety and Outdoor Use

Outdoor activities involve inherent and changing risks, including terrain, weather, wildlife, equipment failure and individual ability. APEX products may assist with an activity, but they do not eliminate risk or replace preparation, training, appropriate clothing and equipment, emergency planning, or sound judgment.

You are responsible for selecting a product suitable for your intended use; reading and following product instructions and warnings; inspecting the product before and during use; maintaining and storing it appropriately; and stopping use if it appears damaged, worn, loose or unsafe.

Unless expressly identified otherwise, APEX products are not medical devices, fall-protection equipment, climbing protection, rescue equipment or substitutes for emergency services. Emergency shelters and signalling accessories are supplementary tools and do not guarantee protection, rescue or wildlife avoidance.

08 Acceptable Use

You may use the Site only for lawful personal or business purposes consistent with these Terms. You must not:

• violate applicable law or the rights of APEX or another person;
• submit false, misleading, fraudulent, abusive, discriminatory, defamatory, obscene or unlawful content;
• introduce malware or attempt to disrupt, damage or gain unauthorized access to the Site, accounts, systems or data;
• scrape, crawl, harvest or collect Site content or personal information by automated means except as permitted by law or our written authorization;
• circumvent security, rate limits, access controls or purchase restrictions;
• impersonate another person or misrepresent your affiliation; or
• use the Site or its content to compete with, resell or commercially exploit the Services without written permission.

We may suspend or restrict access when reasonably necessary to protect the Site, APEX, customers or others, or to investigate suspected violations.

09 APEX Content and Intellectual Property

The Site and its content, including text, product names, trademarks, logos, graphics, photographs, videos, guides, designs and software, are owned by or licensed to APEX and are protected by applicable intellectual-property laws.

APEX grants you a limited, revocable, non-exclusive and non-transferable permission to access and use the Site for personal, non-commercial shopping and information purposes. You may not copy, reproduce, modify, publish, distribute, sell, license, create derivative works from or commercially exploit Site content without prior written permission, except where applicable law permits.

“APEX,” the APEX pro series name, logos and related brand elements may not be used in a way that suggests endorsement, affiliation or authorization without our written permission.

10 Reviews and Customer Submissions

If you submit a review, photograph, comment or other content directly to APEX or through a review feature on the Site, you retain ownership of your content.

You give APEX a limited, non-exclusive, royalty-free licence to host, technically reproduce, moderate and display the submission only in its original context on the Site or service through which it was submitted. APEX will not reuse the submission in advertising, social media, email marketing or other promotional materials without obtaining separate permission from you.

You represent that you own or have permission to submit the content and that it does not violate another person’s intellectual-property, privacy or other rights. We may decline, hide or remove submissions that are unlawful, fraudulent, unrelated, abusive, contain personal information, or violate these Terms or reasonable moderation standards.

We are not required to publish or respond to every submission. Reviews should reflect the submitter’s honest experience and must not be manipulated or submitted in exchange for undisclosed compensation.

11 Shopify and Third-Party Services

Our store is hosted by Shopify, which provides the ecommerce platform used to operate the Site and checkout. Payment, analytics, shipping, review and other features may also be provided by third parties.

Third-party services and websites may be governed by their own terms and privacy policies. A link or integration does not mean that APEX controls or endorses all third-party content or practices. To the extent permitted by law, APEX is not responsible for independent third-party services that are outside our reasonable control.

Your use of Shopify consumer services, including Shop or Shop Pay features, may also be subject to terms provided directly by Shopify.

12 Privacy

Our collection, use, disclosure and protection of personal information are described in our Privacy Policy. By using the Services, you acknowledge that information will be handled as described in that policy and as permitted or required by law.

13 Site Availability and Disclaimers

We work to keep the Site accurate, secure and available, but we do not promise that it will always be uninterrupted, error-free or free from harmful components. We may maintain, update, suspend or discontinue Site features when reasonably necessary.

To the maximum extent permitted by law, the Site and general informational content are provided “as is” and “as available.” APEX disclaims warranties and conditions relating to the Site that may legally be disclaimed. Product warranties are governed by Section 06 and any mandatory warranties or conditions imposed by applicable law.

Nothing in these Terms excludes liability or obligations that cannot legally be excluded, including mandatory consumer rights.

14 Limitation of Liability and Indemnity

To the maximum extent permitted by law, APEX and its directors, officers, employees, contractors and service providers will not be liable for indirect, incidental, special, exemplary, punitive or consequential loss, or for loss of profits, revenue, data, goodwill or business opportunity, arising from the Site or Services, even if advised that such loss was possible.

To the maximum extent permitted by law, APEX’s aggregate liability arising from an order or product will not exceed the amount you paid APEX for the order or product giving rise to the claim. This limitation does not apply where prohibited by law, or to liability that cannot legally be limited.

You agree to indemnify and hold APEX harmless from third-party claims, losses and reasonable costs arising from your unlawful use of the Services, your material breach of these Terms, or content you submit that infringes another person’s rights. This obligation does not apply to the extent a claim was caused by APEX’s own conduct or where indemnification is prohibited by law.

15 Suspension, Severability and Waiver

We may suspend or terminate access to the Services if you materially breach these Terms, create a security or legal risk, or misuse the Site. Provisions that by their nature should survive termination will remain effective, including intellectual-property, warranty, disclaimer, liability, indemnity and governing-law provisions.

If a provision is found unlawful or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will continue in effect. A failure or delay in enforcing a provision is not a waiver. Headings are for convenience and do not affect interpretation.

You may not assign your rights or obligations under these Terms without our written consent. APEX may assign these Terms as part of a merger, reorganization, financing, sale of assets or similar transaction, subject to applicable law.

16 Governing Law

These Terms and your use of the Services are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, without regard to conflict-of-law principles.

This governing-law provision does not deprive you of mandatory protections available under the consumer laws of your province, state or country of residence, where those protections apply and cannot be waived by contract.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or orders placed through the Site.

17 Changes and Entire Agreement

We may update these Terms to reflect changes to our Services, practices or legal obligations. The “Last updated” date shows when the Terms were most recently revised. Changes apply prospectively when posted unless applicable law requires additional notice or consent.

These Terms and the policies incorporated by reference form the entire agreement between you and APEX concerning the Services, except for any additional terms expressly agreed in writing or rights imposed by law. If an incorporated policy conflicts with these Terms on a subject specifically addressed by that policy, the specific policy controls for that subject.

18 Contact

Questions about these Terms may be directed to: