TERMS OF SALE

---

You  may cancel any existing purchase by sending us an email before that date that is three (3) business days from the date of your purchase. No  cancellations will be honored by us if made after such date. All  requests to cancel any existing purchases must be made by sending an  email to sales@apexalphalabsllc.com which must contain your request to cancel  your purchase and should include the purchase/order number or date of sale if no purchase/order number was provided.

For any orders made with a financing provider, You will be responsible for all financing fees incurred by ApexAlpha Labs LLC at time of sale and these fees will be deducted from the refund for your order.

Modifications to any existing purchases will be permitted at any time  prior to the shipment of the original product(s) the subject of the  purchase. Any additions to any purchases shall be subject to product  availability and may not be able to be shipped within the same  time-frame as your original purchase in some cases. All requests to make  changes to an existing purchase must be made by sending an email to sales@apexalphalabsllc.com 

You may only use any products that You purchase from us on this Website for your own internal personal use and not for resale or sub-licensing. Any resale or licensing or other distribution by You of any product(s) You purchase from us is strictly prohibited. You are solely responsible for compliance with any laws applicable to your purchase and use of any products made available through this Website. 

You agree to comply with all applicable laws and regulations of the United States and the various states. We make no representations or warranties to You that use of any product You purchase will be legal in your jurisdiction. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case. 

You agree to pay the extended warranty package fee in full and in advance, as established from time to time on this website, beginning on the first day of purchase in exchange for your continuous access and use of the service purchased (“service  fees”). 

You hereby authorize us to charge your credit card or other payment method you provide for the extended warranty selected. We shall have the right to increase the amount of the service fees at any time. There will be no refunds or credits for partial months of use of the services upon termination of your access for any reason. 

Your ability to access and use extended warranty services may require the payment of third party fees and charges (including but not limited to internet service provider fees, phone or text fees or taxes imposed on internet services, shipping fees, transit fees, fuel). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use the website or to contact us in order to use the services. 

All logos or any other trademarks, trade names or service marks and/or  any other marks or logos posted on this Website, whether marked or  unmarked, is either owned by us, an affiliate or subsidiary, or by some  third party. This includes any product names appearing on this Website  whether marked or unmarked by us. No trademarks, trade names, service  marks, etc., posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title,  and interest in all trademarks, trade names or service marks contained  on the Website owned by us, whether or not we have registered for or  have been granted any such protections under State and/or Federal law. 

All software provided is subject to the license agreement that is part  of any hardware You purchase from us. You agree to be bound by the  license agreement once the package is opened or its seal is broken. 

Title to software remains with the licensor of the software. We do not provide any warranty of any kind or nature regarding any preinstalled third-party software. Any applicable warranties of use come from the third-party provider of such software and stated in any packaging included in any corresponding hardware product we sell. 

We shall have no liability to You whatsoever of any kind or nature in connection with your purchase and use of any third-party software preinstalled on any hardware product You purchase from us.  

Subject to the terms and conditions of this section, for the applicable warranty period (as hereinafter defined), we will repair or replace any personal computer and all separate, fully embedded internal hardware components contained therein manufactured by us only, and not including any products manufactured by any third-party that we may sell, that you purchase through this website, which we may determine in our sole discretion is/are defective in manufacture and/or workmanship under normal use. 

Any external, non-embedded hardware component such as a keyboard or a mouse is not a product covered under this limited warranty. The “warranty period” starts on the date of purchase and ends one (1) year from the date of delivery to you. No product or separate internal part will be considered to be defective for purposes of this warranty if it substantially fulfills the performance specifications for which it was intended. This warranty shall not apply to any of the products or parts thereof repaired or altered by anyone but us, installed contrary to instructions or contrary to this agreement, or subjected to abuse, misuse, accident or improper environment. This warranty applies only for the benefit of you, the original purchaser of any products, and is not transferable by you.

For this warranty to apply, you must (I) give us written notice of any  warranted defect within 10 days after discovery and, in any event, not  later than the date on which this warranty expires, and (ii) deliver the  product or separate defective part into our possession within 15  calendar days following the date on which the warranty claim notice is  given to us. Any product which is the subject of a warranty claim must  be shipped to us freight prepaid. Prior to repair or replacement, we shall have the right to examine the product claimed to be defective. If we determine that this warranty is inapplicable, we will notify you, and any labor and parts furnished at your request thereafter (which you must direct in writing) shall be paid for by solely by you at our then current rates and prices. We neither assume nor authorize anyone to assume for us any obligation or liability in connection with any product which is not expressly provided for under this agreement. 

Our liability under this warranty shall be limited to repairing or replacing  warranted products, and you shall be responsible for the expense of the  transportation costs for return to you or, if the product in question  cannot be repaired or replaced by us, we will then refund the purchase  price you paid for the defective or nonconforming warranted product(s)  in question; provided, that you shall first return to us, and we shall have the right to thereafter retain as our own property, those products  for which a refund of the purchase price is to be made.

We further warrant to the original purchaser that any applied paint and  artwork on any product surface will be free from peeling, bubbling and  significant discoloration for the applicable warranty period, which is  measured from the date of delivery. 

The following sections detail the terms of the parts and free shipping warranty.

This warranty does not apply to any of our products shipped by You to any location outside of the continental united states (CONUS) post-sale.

Notwithstanding anything to the contrary contained in this warranty, we do not warrant that the operation of any software that is preinstalled on any operating system included with any hardware you  purchase will be uninterrupted or error-free, and we otherwise do not provide any warranties of any kind or nature in connection with any such software.

The warranty set out in this section is the only warranty applicable to your use of the products. All other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are disclaimed.

Notwithstanding anything to the contrary contained in this warranty, we do not warrant that the operation of any software that is preinstalled on any operating system included with any hardware you purchase will be uninterrupted or error-free, and we otherwise do not provide any warranties of any kind or nature in connection with any such software.

The warranty set out in this section is the only warranty applicable to your use of the products. All other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are disclaimed.

OUR WARRANTY DOES NOT COVER:

• All non-ApexAlpha Labs branded products such as: monitors, speakers, mice, keyboards, etc., which are provided as-is under the original manufacturer’s warranty. 
• Any products connected to an ApexAlpha Labs branded product not provided or sold by us.
• Damage caused by actions that are beyond ApexAlpha Labs control, such as: lack of maintenance, impacts, liquids, fire, rain, lightning or other disasters & acts of God.
• Product that has been damaged through misuse, abuse or mishandling. 
• Unauthorized modification of the system as a whole or individual component and/or the attachment of peripheral devices. 
• Any product that contains parts not originally purchased from us. 
• Any defective products where such defect is caused by any altering by  You of the original build of the hardware You have purchased. 

You must back up the data on all data drive(s) and any other storage device(s) in connection with the product(s) returned to us before you  ship the product to us, or before you replace a part on your own.

You should remove any confidential or personal information and removable media such as USB flash drives, CDs or DVDs. We are not responsible for any of your confidential or personal information; lost or corrupted data; or damaged or lost removable media.

For any service or warranty questions, please contact sales@apexalphalabsllc.com

Except for the warranties expressly stated above, we make no other warranties of any kind regarding your use or the performance any of the product(s) you purchase, whether express or implied or statutory including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, arising from a course of dealing, usage or trade practice. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims  that are due to normal wear, product misuse, abuse, product  modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as  “Consumers” in the magnuson-moss warranty-federal trade commission  improvements act. Any warranty provided by any manufacturer, distributor  or supplier of any of our products not made by us will be included with  the product.

Most of the hardware we sell manufactured by third parties and not by ApexAlpha Labs comes with a one(1) year warranty from the manufacturer. We shall complete the RMA process via the manufacturer on your behalf should any future warranty claims arise. 

Notwithstanding, we shall have no liability to you of any kind or nature for your use of any hardware or other product you purchase from this website that are manufactured by third parties.

You agree that we or any of our managers, members, employees, affiliates, agents, attorneys or our successors and/or assigns, as applicable, shall not be liable to you for any special, consequential, incidental or any other indirect damages arising out of or relating to this agreement or your use of any product you purchase from us including, but not limited to, any lost profits or revenues, lost data or lost goodwill or any  other damages. We shall not be liable to you as stated herein regardless of the cause of any such indirect damages or the nature of any claim, whether for breach of contract, by statute, for any tortious conduct (including, without limitation, negligence and strict liability) or by any other legal theory, whether or not we have been advised of the same.

Our liability to you for any direct damages in all other cases shall be  limited to only products manufactured by us and shall be further limited  to the total purchase price of the product(s) in question paid by you.  Accordingly, you agree to waive your rights under any laws that  otherwise might limit your waiver of such claims including, California  civil code §1542 if you are a California resident, or any other applicable state laws.

Some jurisdictions do not allow the waiver of certain warranties or the  limitation of liability for certain damages. Accordingly, some of the  above warranty disclaimers and limitations of liability may not apply to  you. To the extent that we may not disclaim any implied warranty or  limit its damages, the scope and duration of any required warranties and  the extent of our liability shall be as limited as allowed under any  applicable laws. 

You hereby agree to defend, indemnify and hold ApexAlpha Labs, LLC, our members, managers, officers, employees, consultants, agents and  representatives harmless from and against any claims, liabilities, damages or costs (including without limitation fees, costs and other  expenses of attorneys and expert witnesses) arising out of or in any way  related to (i) any breach of this Agreement by You; (ii) Your use of any of our products generally; (iii) any actual or alleged violation by You of any intellectual property, proprietary or other right of any  third-party; or (iv) Your negligent or willful acts or omissions related to your use of the products You purchase from us. 

We offer products from third-party sellers as authorized resellers. Any  references made on this Website to any established trade names,  trademarks, service marks, product names or any other third party  intellectual property is strictly used for reference and identification  purposes only. No ownership, affiliation or sponsorship exists between  us and the third-party owner of any referenced trademark, trade name,  service mark, or with any specific good or service referenced on this  Website. 

We use reasonable, industry standard security measures to protect your  personally identifiable and billing information during transmission to  our Website. We make no guarantee, warranty or representation that your  name or email address, or any other Identity Information you provide  through this Website, will remain secure at all times from any illegal  or unauthorized access of the information by third parties. We shall  not, under any circumstances, be held responsible or liable for  information or transmissions that are accessed by third parties  illegally or without authorization through this Website and/or network.  We will report any unauthorized access of your information promptly upon  discovery, and we will use our best efforts to remedy any security  vulnerability that contributed to the unauthorized access.

Arbitration.  You agree to give up your rights to bring any claims relating to this  agreement and your ownership and use of any products you purchase from  us before a court of law or other legal tribunal including the waiver of  a trial by jury and to resolve all disputes or claims exclusively by  arbitration. Except for actions to protect our intellectual property  rights and to enforce an arbitrator’s decision hereunder, any and all  claims, disputes or controversies of whatever kind and nature, whether  preexisting, present or future between you and us, our agents,  employees, principals, directors, officers, shareholders, members,  managers, successors and assigns, to the extent applicable, arising from  or relating to this agreement, its interpretation or validity, shall be  resolved exclusively by binding arbitration pursuant to the  then-current rules of the American arbitration association (“aaa”), and  shall be administered by the aaa. Notwithstanding the foregoing, to the  extent you have in any manner violated or threatened to violate our  intellectual property rights, we may seek injunctive or other  appropriate relief in state or federal court under the terms of this  agreement.

Any arbitration proceeding shall be brought and heard exclusively in Port Saint Lucie, Florida. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either you or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. 

You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If you  do not send a written notice to us within the requisite one (1) year  period, that claim (or those claims) shall be waived and released and  you shall be forever barred from asserting that claim (or those claims) in the future.

A. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your purchase and use of any products sold by us and supersedes any prior communications, representations or agreements of  the parties, except any terms contained in any separate Website terms of use, our Privacy Policy or any other agreement which may relate to your  purchase or licensing of any product from us, and cannot be altered,  amended, or modified except in writing executed by an authorized representative of each party.

B. Authority. If You are  accepting these terms on behalf of another person or a company or other  legal entity, You represent and warrant that You have full authority to  bind that person, company, or legal entity to these terms of sale and  otherwise have authority to enter into this Agreement.

C. Severability.  If any provision of this Agreement is held by a court or other tribunal  of competent juris-diction, in whole or in part, to be invalid,  illegal, or unenforceable in any respect, for any reason, the validity,  legality and enforceability of the remainder of that provision, any  other remaining provisions, and of the entire Agreement shall not in any  way be affected or impaired thereby, and shall be interpreted, to the  extent possible, to achieve the purposes as originally expressed with  the provision found to be invalid, illegal or unenforceable. Each  provision hereof is intended to be severable, and the validity,  legality, or enforceability of any provision of this Agreement shall not  affect the validity, legality, or enforceability of the remainder of  the Agreement.

D. Choice of Law. This Agreement shall be construed and enforced in accordance with the laws of the state of Florida, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods or any other uniform International trade laws.

E. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.

F. Force Majeure.  Except for your payment of the purchase price or fees, neither party shall be liable for any delay or failure to perform including our obligation to provide to You any continued Services to the extent caused  by fire, flood, explosion, war, riot, embargo, labor disputes,  compliance with any laws, regulations, orders, acts or requirements from  the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably  beyond such party’s control.

G. Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and  void.

H. Survival. Any provisions of these Terms which by  their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.