TERMS OF SERVICE
Welcome to Apex Stethoscopes
These Terms of Service ("Terms") govern your access to and use of the Apex Stethoscopes website (www.apexstethoscopes.com) and related services (collectively, the "Services"), as well as any purchases you make through our website. These Terms constitute a legally binding agreement between you and Apex Bioacoustics Inc ("Apex Bioacoustics," "we," "us," or "our").
Please read these Terms carefully before accessing or using our Services. By accessing or using our Services, or by purchasing products through our website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
TERMS OF SERVICE
These Terms include important provisions such as limitations of liability, dispute resolution, and your waiver of certain rights. Please read them carefully.
1. Account Registration
1.1 Account Creation
To access certain features of our Services or to make purchases, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to keep it accurate, current, and complete.
1.2 Account Security
You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account.
1.3 Account Eligibility
You must be at least 18 years old to create an account and use our Services. By creating an account, you represent and warrant that you are at least 18 years old and that your use of our Services does not violate any applicable law or regulation.
2. Product Information
2.1 Product Descriptions
We strive to provide accurate descriptions, specifications, and images for the products available through our Services. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. Colors and finishes may appear differently depending on your screen and lighting conditions. If a product offered through our Services is not as described, your sole remedy is to return it in unused condition according to our Return Policy.
2.2 Medical Device Information
Our stethoscopes are classified as Class I medical devices under FDA regulations. While designed to assist healthcare professionals in auscultation, they are not intended to diagnose, treat, cure, or prevent any disease. Users should rely on their professional training and judgment when interpreting sounds heard through our stethoscopes.
2.3 Product Availability
All products are subject to availability. We reserve the right to discontinue any product at any time and to limit quantities of any product that you order.
3. Purchases and Payment
3.1 Pricing
All prices displayed on our website are in U.S. dollars and do not include taxes. Applicable sales tax will be added to your order based on your shipping address and the applicable tax rate. We reserve the right to change prices at any time, but price changes will not affect orders for which you have already received an order confirmation.
3.2 Payment Terms
We accept various payment methods as indicated during the checkout process. Payments are processed via third-party providers such as Stripe or PayPal. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate. You authorize us to charge your designated payment method for the total amount of your order, including any applicable taxes and other charges.
3.3 Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
4. Shipping and Delivery
4.1 Delivery Timeframes
While we aim to fulfill orders promptly, any delivery dates provided are estimates only and are not guaranteed. We are not liable for any delays in shipments or deliveries.
4.2 Risk of Loss
The risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.
4.3 International Orders
Our Services are intended for use within the United States. We generally do not offer standard international shipping but may consider international inquiries on a case-by-case basis. Any use outside the United States is at your own risk and subject to compliance with local laws. For any international order requests, additional terms may apply, including compliance with export regulations.
5. Returns and Refunds
5.1 Return Policy
We offer a 60-day satisfaction guarantee on our products. To be eligible for a return, your item must be unused, in the same condition that you received it, and in its original packaging. Please refer to our separate Return Policy for full details on how to initiate a return.
5.2 Refund Processing
Once we receive and inspect your return, we will notify you about the status of your refund. If approved, we will initiate a refund to your original method of payment. Please note that, depending on your payment provider, it may take some time for the refund to be credited to your account. Shipping fees are non-refundable unless the return is due to our error or a defective product.
5.3 Defective Products
If you receive a defective product, please contact our customer service team at help@apexbioacoustics.com as soon as possible. We will work with you to resolve the issue according to our Warranty Policy.
6. Warranty
6.1 Limited Warranty
Apex Stethoscopes come with a lifetime limited warranty that covers manufacturing defects and material breakdown under normal use conditions. This warranty is non-transferable and extends only to the original purchaser. Please refer to our Warranty Policy for complete details about coverage, exclusions, and the warranty claims process.
6.2 Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, WE PROVIDE OUR SERVICES AND PRODUCTS "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. Intellectual Property
7.1 Ownership
Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Apex Bioacoustics Inc, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as generally and ordinarily permitted through our Services according to these Terms.
7.3 Trademarks
The Apex Stethoscopes name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Apex Bioacoustics Inc or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.
7.4 Third-Party Services
Our website may utilize third-party services and technologies such as Shopify, Google Analytics, and Cookiebot. Use of these services is subject to their respective terms of service and privacy policies.
8. User Conduct
8.1 Prohibited Uses
You agree not to use our Services:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To impersonate or attempt to impersonate Apex, an Apex employee, another user, or any other person or entity
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services or any server, computer, or database connected to our Services
- To use our Services for any purpose that is unlawful or prohibited by these Terms
8.2 User Contributions
If you provide any content to our Services (such as product reviews or feedback), you grant us and our affiliates and service providers a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that your content does not violate any third-party rights and complies with these Terms.
9. Limitation of Liability
9.1 Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL APEX BIOACOUSTICS INC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SERVICES OR SUCH OTHER WEBSITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
9.2 Maximum Liability
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to defend, indemnify, and hold harmless Apex Bioacoustics Inc, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services.
11. Governing Law and Jurisdiction
11.1 Governing Law
These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
11.2 Jurisdiction
Any legal suit, action, or proceeding arising out of, or related to, these Terms or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Placer County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. Arbitration
12.1 Agreement to Arbitrate
You and Apex Bioacoustics Inc agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services shall be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
If you do not wish to agree to arbitration, you may opt out within 30 days of accepting these Terms by sending written notice to help@apexbioacoustics.com with the subject line "Arbitration Opt-Out."
12.2 Arbitration Procedures
The arbitration will be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA") then in effect, except as modified by these Terms. The arbitration will be conducted in Placer County, California by a single neutral arbitrator appointed in accordance with the AAA rules.
12.3 Class Action Waiver
YOU AND APEX BIOACOUSTICS INC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Services thereafter. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.
14. Termination
We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
16. Entire Agreement
These Terms, our Privacy Policy, Return Policy, and Warranty Policy constitute the sole and entire agreement between you and Apex Bioacoustics Inc regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services.
17. Accessibility
We strive to ensure that our website is accessible to individuals with disabilities. Please refer to our Accessibility Statement for more details about our accessibility practices and commitments.
18. Contact Information
Questions or comments about our Services or these Terms may be directed to:
Email: help@apexbioacoustics.com
Mail: Apex Bioacoustics Inc, 1420 E. Roseville Parkway, Suite 140 #514, Roseville, CA 95661
Phone: (916) 750-7466
These Terms of Service were last updated on April 10, 2025, and replace any previous versions.
