Terms of service
Terms of Service
Overview
Welcome to Broken Apex. The terms “we”, “us” and “our” refer to Broken Apex LLC. Broken Apex operates this store and website, including all related information, content, features, tools, products and services (the “Services”).
The following Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights, including 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 or the Privacy Policy, you should not use or access our Services.
Section 1 – Access and Account
By using the Services, you represent that you are at least the age of majority in your state of residence. To use the Services, you may be required to provide information such as your email address, billing, payment, and shipping details. You represent that all information you provide is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to another person.
Section 2 – Our Products
We make every effort to accurately display our products; however, product appearance may vary depending on device type, display settings, or configuration. We do not guarantee that product descriptions, images, or quality will meet your expectations.
All product descriptions and availability are subject to change without notice. We reserve the right to discontinue any product or limit quantities at our discretion.
Section 3 – Orders
Placing an order constitutes an offer to purchase. Broken Apex reserves the right to accept or decline any order at its discretion. An order is not accepted until payment is processed and confirmation is issued.
Cancellation requests may not be accommodated once an order is accepted. Returns are governed solely by our Refund Policy.
Purchases are for personal or household use only and not for resale or export.
Section 4 – Prices and Billing
Prices are subject to change without notice. The price charged is the price in effect at the time the order is placed. Prices do not include shipping or handling unless otherwise stated.
You agree to provide current, complete, and accurate billing and payment information and authorize us to charge your payment method for all purchases.
Section 5 – Shipping and Delivery
Delivery times are estimates and not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Risk of loss and title pass to you once the order is transferred to the carrier.
Section 6 – Intellectual Property
All content and materials on the Services are owned by Broken Apex or its licensors and are protected by intellectual property laws. You may use the Services for personal, non-commercial use only. Unauthorized use is prohibited.
Section 7 – Optional Tools
We may provide access to third-party tools “as is” and “as available” without warranties. We are not responsible for issues arising from third-party tools.
Section 8 – Third-Party Links
The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party sites. Accessing third-party sites is at your own risk.
Section 9 – Privacy Policy
Personal information collected through the Services is governed by our Privacy Policy.
Section 10 – Feedback
Any feedback you provide may be used by Broken Apex without restriction, compensation, or obligation.
Section 11 – Errors and Omissions
We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders if information is inaccurate.
Section 12 – Prohibited Uses
You may not use the Services for unlawful, abusive, fraudulent, or harmful purposes, or to violate intellectual property or security protections.
Section 13 – Termination
We may terminate or suspend access to the Services at any time without notice. Obligations incurred prior to termination remain enforceable.
Section 14 – Disclaimer of Warranties
The Services and products are provided “as is” and “as available” without warranties of any kind, except as required by law.
Section 15 – Limitation of Liability
To the fullest extent permitted by law, Broken Apex shall not be liable for indirect, incidental, punitive, or consequential damages arising from your use of the Services or products.
Section 16 – Indemnification
You agree to indemnify and hold harmless Broken Apex and its affiliates from claims arising out of your use of the Services or violation of these Terms.
Section 17 – Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
Section 18 – Entire Agreement
These Terms constitute the entire agreement between you and Broken Apex regarding use of the Services.
Section 19 – Assignment
You may not assign these Terms without our written consent. We may assign these Terms without restriction.
Section 20 – Governing Law
These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles.
Section 21 – Headings
Headings are for convenience only and do not affect interpretation.
Section 22 – Changes to Terms
We reserve the right to update or modify these Terms at any time. Continued use of the Services constitutes acceptance of the updated Terms.
Section 23 – Contact Information
Questions about these Terms should be sent to Broken Apex LLC at [email protected].