Apex Electronics LLC. TERMS & CONDITIONS OF SALE (REV 4.2 09/14/2015)
PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS, EXCLUSIONS AND LIMITATIONS CONNECTED WITH USING THE APEX ELECTRONICS WEBSITE AND OR PURCHASING ITEMS SOLD BY APEX ELECTRONICS. SHOULD YOU NOT AGREE WITH ANY ONE OF THESE TERMS YOU ARE ASKED NOT TO ORDER THE PRODUCT AND OR EXIT THE WEBSITE. IF YOU FIND THAT YOU DO NOT AGREE WITH ANY OF THE TERMS BUT HAVE ORDERED THE PRODUCT ALREADY, PLEASE DO NOT KEEP IT. ALL PRODUCS SOLD BY APEX ELECTRONICS ARE COVERED BY THESE TERMS AND CONDITIONS WITHOUT LIMITATIONS.
These TERMS AND CONDITIONS OF SALES ( from hereafter known as “Agreement”) apply to your purchase of products and/or services and support (collectively “Product”) sold and or provided in any capacity, be it by electronic communication or telecommunication by Apex Electronics to you (the PURCHASER). When THE PURCHASER click’s on the Buy it Now button or request to purchase the PRODUCT in any other way, the PURCHASER automatically agrees with all these terms. If by any chance the PURCHASER already have placed an order but do not wish to be subject to these Terms of Sale, immediately cancel your order before it enters production and becomes non cancellable.
- Use of the website www.apexdevice.net (from now on mentioned as “site”) and all information contained within is at the user’s discretion. Any information contained within the aforementioned domain is provided as is and without any guarantees. Specifically; information about tDCS Electrode Placements and other experimental study information mentioned on the site is NOT to be taken as medical advice, endorsement of practices or recommendation of treatment. Please consult your physician if you have a medical condition that requires immediate attention. When using this site, the user understands he or she is responsible for verifying the accuracy of the information mentioned herein and ApeX Electronics is not in any way shape or form connected or affiliated with the institutions or individuals who performed these studies.
- As the PURCHASER you are responsible for making sure yourself and ALL USERS (COLLECTIVELY THE “USER”) UNDERSTAND AND AGREE TO THE FOLLOWING: ALL ELECTRONIC DEVICES SOLD BY APEX ELECTRONICS ARE NOT MEDICAL DEVICES, HAVE NOT BEEN REVIEWED OR APPROVED BY THE US FOOD AND DRUG ADMINISTRATION AS MEDICAL DEVICES AND SHOULD NOT BE USED AS MEDICAL DEVICES IN ANY WAY. THE USER AGREES TO CONSULT A LICENSED PHYSICIAN TO DETERMINE ALL POTENTIAL BENEFITS AND RISKS OF USING tDCS AND THAT SAFETY PROCEDURES AGREED UPON BY THE MEDICAL COMMUNITY SHOULD BE FOLLOWED.
- MENTAL HEALTH STATUS. The USER agrees to consult a physician should there be any concerns regarding the USER’s mental state or capacity prior to using the PRODUCT and to determine if the USER should use the product in a safe and effective manner given his or her own mental state.
- Payment Terms. The terms of payment are within ApeX Electronics sole discretion. All sales are only effectively complete after payment has been received and processed by the banking institutions involved. ApeX Electronics accepts payments through Credit Card and PayPal at this time and these are the only acceptable means of payment. ApeX Electronics may cancel your order at any time prior to delivery for any reason it sees reasonable, at ApeX Electronics discretion. ApeX Electronics will contact the purchaser in such cases, as necessary, to inform them of that decision but no reason may be given to the user. Any and all typographical or other errors of pricing or delivery estimates for products offered by ApeX Electronics and all its affiliated business are not the responsibility of ApeX Electronics.
- Invoices. Should you receive an invoice from ApeX Electronics, you shall make payment to the same invoice within a period of 15 days of the invoice date, after which the invoice will be cancelled and the order will also be cancelled.
- Shipping and Handling charges are of the responsibility of the PURCHASER. Once dropped at the shipping company chosen at the discretion of ApeX Electronics, the product is subject to normal and acceptable shipping risks such as the risk of loss and or damage. ApeX Electronics is NOT responsible for those losses. Title to products passes from ApeX Electronics to the customer upon shipment to the customer. Although ApeX Electronics is NOT responsible for these losses, ApeX Electronics will work with the PURCHASER and accommodate any possible issues regarding shipping losses based on acceptable market practices regarding such losses. ApeX Electronics may choose to repair or exchange the PRODUCT in such cases, upon analysis. The cost of shipping the product to and from ApeX Electronics is entirely of the PURCHASER’s responsibility and ApeX Electronics shall not be made to pay for return shipping costs under any circumstances. You must notify ApeX Electronics within 5 days of the date of your purchase’s delivery date If there was such an issue. If you believe something in your orders is missing or damage, you must notify ApeX Electronics also within 5 days of delivery. Unless you provide ApeX Electronics with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship to location, you are responsible for sales, duties, import fees, and any and all other taxes associated with the order. Shipping and delivery dates are estimates only.
- You agree that ApeX Electronics cannot be made liable for items taken to other countries or territories where laws and regulations regarding tDCS devices may be different. You agree not to export ApeX Electronics products.
- You agree not to perform reverse engineering to the ApeX Type A or any other device or accessory sold by ApeX Electronics, LLC through the website or otherwise. Recipient shall not analyze or reverse engineer or cause a third party to analyze or reverse engineer any part or the whole of the design or Information contained within ApeX Electronics products at any time and for any purpose as these designs and information contained within are the sole property of ApeX Electronics.
- You agree not to modify the device’s internal circuitry in any way shape or form either to alter the devices capabilities or its function. Any and all modifications to the device immediately void any and all warranty to the device.
- WARNING. DO NOT USE ANY ELECTRONIC DEVICES SOLD BY APEX ELECTRONICS IF YOU HAVE A HISTORY OF EPILEPSY, OR ANY METALLIC OR ELECTRONIC IMPLANTS SUCH AS A PACEMAKER OR A HEART RATE MONITOR. ADDITIONALLY, DO NOT USE ANY ELECTRONIC DEVICES SOLD BY APEX ELECTRONICS IF YOU ARE UNDER THE AGE OF 18 (EIGHTEEN) YEARS OLD.
- 30 DAY RETURN POLICY. You may return ApeX Electronics products within 30 days of the date of purchase after ApeX Electronics approves the return. Shipping fees incurred are the PURCHASER’s responsibility. Any loss or damage during shipping is also the PURCHASER’s responsibility. ApeX Electronics reserves the rights to consider any and all return requests in a per order basis. Shipping should be done in a manner compatible with the one in which the product was shipped to the PURCHASER. ApeX Electronics may change a restocking fee for products sold and utilized by the PURCHASER OR USERS. As the product is sold AS IS AND WITHOUT ANY IMPLICIT GUARANTEE THAT IT WOULD FUNCTION IN ANY MEDICAL CAPACITY, ApeX Electronics regards dissatisfaction with the product subjective. Please inform ApeX Electronics of your decision to return the product and it will be considered in a case by case basis.
- 90 DAY LIMITED WARRANTY. ApeX Electronics warrants the electronic devices it sells from malfunction up to 90 days of the original purchase date. By malfunction, ApeX Electronics understands PRODUCT that does not deliver the functionality expected by the user at the time of purchase, which is limited to the PRODUCT ability to produce and deliver current. If a the time of receipt of product and up to 90 days from the date of purchase the products no longer offers its functionality, the PURCHASER should contact ApeX Electronics to inform us of that. We may choose to repair or replace the PRODUCT at ApeX Electronics discretion. The PURCHASER and USER agree that they shall not tamper or modify ApeX Electronic products in any way, as this not only voids the Limited Warranty but it also causes any and all responsibility for the products to cease immediately. The PURCHASER and or USER should use the product following its instructions of use. The PRODUCT utilizes a 9-volt standard alkaline battery. ApeX Electronics does not provide batteries for its PRODUCTS. The PURCHASER shall acquire a battery that follows all standard safety features for such devices. Normal wear and tear of Electrode Wires provided with the PRODUCT are of the user’s responsibility.
- YOU AND ALL USERS ASSUME ANY AND ALL RISKS ASSOCIATED WITH UTILIZING THE PRODUCT IN ANY WAY. AS THE PURCHASER, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE AWARE OF THE INHERENT RISK OF INJURY ASSOCIATED WITH THE USE OF THE DEVICE AND YOU THE PURCHASER AND ALL THE USERS ASSUME ALL RESPONSIBILITY FOR ANY INJURY THAT MAY OCCUR WHILE USING THE PRODUCT IN ANY CAPACITY. THIS INCLUDES WITHOUT LIMITATION RISKS DUE TO EXPOSURE TO ELECTRICAL CURRENTS. PURCHASER AND/OR USER ARE AWARE OF THE RISKS OF INJURY AND PROPERTY DAMAGE THAT MAY RESULT FROM, AMONG OTHER CAUSES, THE ACTIVE OR PASSIVE NEGLIGENCE OF APEX ELECTRONICS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”), INCLUDING WITHOUT LIMITATION THE RISK OF DEFECTS IN THE DESIGN OR MANUFACTURE OF THE PRODUCT OR THE ABSENCE OF WARNINGS OR INSTRUCTIONS REGARDING PROPER USE OF THE PRODUCT FOR tDCS PROCEDURES. USER IS VOLUNTARILY ENGAGE IN tDCS WITH KNOWLEDGE OF THE RISKS OF INJURY, AND OTHER RISKS, AND ASSUMES ANY AND ALL KNOWN AND UNKNOWN RISKS OF INJURY AND PROPERTY DAMAGE THAT MAY RESULT FROM USE OF THE PRODUCT FOR tDCS.
- RELEASE OF LIABILITY. USER RELEASES RELEASED PARTIES FROM ALL LIABILITY TO USER AND USER’S PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO THIS AGREEMENT OR TO USE OF THE PRODUCT, WHETHER THE INJURY, DEATH, OR PROPERTY DAMAGE RESULTS FROM USE OF THE PRODUCT FOR tDCS OR ANY OTHER PURPOSE. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES. USER BEARS SOLE RESPONSIBILITY FOR ANY LOSS.
- KNOWING AND VOLUNTARY AGREEMENT. USER ACKNOWLEDGES THAT USER HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS ITS CONTENTS, AND UNDERSTANDS THAT THIS AGREEMENT INCLUDES AN ASSUMPTION OF THE RISK OF THE RELEASED PARTIES’ NEGLIGENCE AND A RELEASE OF THEIR LIABILITY. USER ACKNOWLEDGES THAT APEX ELECTRONICS IS MATERIALLY RELYING ON THIS WAIVER.
- Governing Law; Jurisdiction. This Agreement shall be governed by and enforced in accordance with New York law as applied to contracts entered into in New York by New York residents to be performed entirely within the State of New York.
- Limitation of Actions. No action, regardless of form, arising out of or in any way connected with any of the transactions under this Agreement or the articles sold here may be brought by you or any user of the Product more than one year after such cause of action shall have accrued.
- Entire Agreement This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties with respect hereto. The express terms hereof control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof.
- Dispute Resolution and Binding Arbitration. YOU AND APEX ELECTRONICS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN USER AND APEX ELECTRONICS, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “ApeX Electronics”) arising from or relating in any way to the purchase or use of Product, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), ApeX Electronics’ advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in Schenectady NY. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) (or a substitute forum if AAA is unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. User agrees to an arbitration on an individual basis. In any dispute, NEITHER USER NOR APEX ELECTRONICS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. ApeX Electronics will be responsible for initial payment of all arbitration/arbitrator fees. The arbitrator may apportion arbitration fees and award reasonable fees under the standards for fee shifting provided by law. Information on AAA rules is available at the following telephone number and URL: American Arbitration Association, (800) 778-7879, www.adr.org.