Terms of Service

Important note from drafting

This document is a starting draft. It should be reviewed by a qualified attorney before publication. The Research Use Only restriction, the indemnification clause, the disclaimer of warranties, and the dispute-resolution provisions in particular have significant legal effect and should be tailored to the business’s actual operations and state of incorporation. Yellow-highlighted items are placeholders the business must fill in.

1. Agreement to these Terms

These Terms of Service (“Terms”) govern your access to and use of the website apex-biopeptides.com and any related services, accounts, and ordering platforms operated by Apex Biopeptides (“Apex,” “we,” “us,” or “our”) (collectively, the “Services”).

By accessing or using the Services, applying for an account, or placing an order, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility and account verification

The Services are intended exclusively for licensed professionals, credentialed practitioners, businesses, and qualified entities operating in the United States. By applying for an account or placing an order, you represent and warrant that:

  • You are at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself and any entity you represent.
  • You hold all licenses, credentials, registrations, and authorizations required by federal, state, and local law to receive and use the products you order, within your jurisdiction and scope of practice.
  • All information you provide during registration and at the time of any order is accurate, current, and complete, and you will promptly update such information when it changes.
  • You will use the Services and any products purchased solely in compliance with applicable law and these Terms.

Apex reserves the right to verify your credentials and to refuse, suspend, or terminate any account or order at our sole discretion.

3. Research Use Only — important product designation

All products supplied by Apex Biopeptides are labeled “Research Use Only.” They are not approved by the United States Food and Drug Administration as drugs, biologics, or medical devices and are not intended for human or veterinary diagnostic, therapeutic, or clinical use.

By placing an order, you acknowledge and agree that:

  • You are solely responsible for determining whether and how the products may lawfully be used within your license, scope of practice, and jurisdiction.
  • You will not represent or imply that Apex products are FDA-approved, safe for human use, or suitable for any specific therapeutic or diagnostic purpose.
  • You assume full responsibility and liability for any handling, use, distribution, or further administration of products following delivery.
  • Any representations made to your own patients, clients, end users, or other third parties regarding products purchased from Apex are made by you, not by Apex.

4. Account responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Apex immediately of any unauthorized access or use. Apex is not liable for any loss or damage arising from your failure to safeguard your credentials.

5. Orders, pricing, and payment

All orders are subject to acceptance by Apex. We reserve the right to limit, decline, or cancel any order, including for reasons related to credential verification, product availability, regulatory restrictions, or pricing errors.

Prices are stated in U.S. dollars and are subject to change without notice prior to acceptance of an order. Applicable taxes, shipping, and handling charges are added at checkout or invoiced according to the terms of your account.

Payment terms are established at the time of account approval. Unless otherwise agreed in writing, payment is due in full prior to dispatch. Late payments may incur interest and collection costs to the extent permitted by law.

6. Shipping, delivery, and risk of loss

Apex ships products using cold-chain logistics where applicable. Delivery times are estimates and not guaranteed. Risk of loss and title to products pass to you upon delivery to the carrier (FOB origin) unless otherwise specified in writing.

You are responsible for inspecting shipments upon receipt. Any claim of damage, temperature excursion, or shortage must be reported to Apex within 24 hours of delivery, with supporting documentation. Replacement or credit for confirmed claims is in our discretion and is your sole remedy for shipping issues.

7. Returns and refusals

Due to the nature of the products, returns are generally not accepted once a shipment has been delivered and accepted, except in the case of a confirmed shipping defect, mis-ship, or quality issue documented by Apex. Any return must be authorized in advance by Apex in writing and shipped under conditions specified by Apex.

8. Acceptable use

You agree not to use the Services to:

  • Resell, redistribute, repackage, or supply products to any unverified party, consumer, or end user.
  • Misrepresent your identity, credentials, scope of practice, or intended use of products.
  • Use the Services for any unlawful purpose, or in violation of any federal, state, or local law or regulation.
  • Reverse-engineer, scrape, copy, or interfere with the Website, Services, or any underlying systems.
  • Upload or transmit malicious code, attempt unauthorized access, or otherwise compromise the security of the Services.

Apex may suspend or terminate accounts that violate these provisions, in addition to pursuing any other available remedy.

9. Intellectual property

All content on the Website — including text, graphics, logos, product names, photographs, documentation, and the design and structure of the site — is owned by Apex or its licensors and is protected by U.S. and international intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works from any Apex content without our prior written consent, except as expressly permitted by these Terms.

10. Confidentiality

Pricing, batch documentation, supplier information, and other non-public information disclosed to you in connection with your account are confidential. You agree to use such information solely for the purpose of evaluating, ordering from, and using Apex products, and not to disclose it to any third party without our consent, except as required by law.

11. Disclaimer of warranties

EXCEPT AS EXPRESSLY STATED IN A SIGNED WRITTEN AGREEMENT, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” APEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. APEX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT PRODUCTS WILL BE SUITABLE FOR ANY PARTICULAR USE NOT EXPRESSLY APPROVED BY APEX IN WRITING.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT, REGARDLESS OF THE LEGAL THEORY AND EVEN IF APEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APEX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO APEX FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

13. Indemnification

You agree to defend, indemnify, and hold harmless Apex and its officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services or any product; (b) your breach of these Terms; (c) any representation you make to a third party regarding any Apex product; (d) any use, handling, distribution, or administration of products by you or any party receiving them through you; or (e) your violation of any law, regulation, or third-party right.

14. Suspension and termination

Apex may suspend or terminate your account or access to the Services at any time, with or without notice, including for breach of these Terms, suspected fraud, regulatory concern, or business reasons. Upon termination, your right to use the Services ceases. Provisions of these Terms that by their nature should survive termination — including disclaimers, limitations of liability, indemnification, confidentiality, and dispute resolution — will survive.

15. Governing law and dispute resolution

These Terms are governed by the laws of Texas

without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Austin, Texas

for any action not subject to arbitration.

16. Notices

Notices to Apex must be sent to info@apex-biopeptides.com or to the business mailing address listed on the Contact page. Notices to you may be sent to the email address associated with your account or posted on the Website. Notices are deemed given upon delivery to the email address or the date of posting on the Website.

17. Changes to these Terms

Apex may modify these Terms from time to time. The updated Terms will be posted on the Website with a revised effective date. Material changes will be communicated to account holders. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

18. Miscellaneous

These Terms, together with the Privacy Policy and any signed agreement between you and Apex, constitute the entire agreement between the parties regarding the Services. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Apex’s failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; Apex may assign these Terms in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, joint venture, or agency relationship between the parties.

19. Contact

Questions about these Terms should be directed to:

Apex Biopeptides

Email: info@apex-biopeptides.com

Website: apex-biopeptides.com

These Terms of Service are provided as a starting draft and are not legal advice. Apex Biopeptides should obtain review by qualified counsel before publication.