Terms & Conditions

Last updated: 12/10/2025

Welcome to Apexx Advertising. These Terms & Conditions (“Terms”) govern your use of:

  • apexxadvertising.com and any related landing pages or online stores

  • Any services we provide, including custom apparel, promotional products, online stores, and web services

By using our website, requesting a quote, placing an order, or approving a mockup/invoice, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

“Apexx Advertising,” “we,” “us,” and “our” refer to Apexx Advertising, located in Hampton Bays, NY.

1. Eligibility & Use of the Website

You may use this website only if:

  • You are at least 18 years old (or the age of majority in your location), and

  • You have the authority to enter into a binding agreement on behalf of yourself or the organization you represent.

You agree that you will not:

  • Use the website for any unlawful purpose

  • Attempt to interfere with the security, operation, or content of the site

  • Copy, scrape, or reuse website content without our permission

We may suspend or terminate access to the website at any time, without notice, if we believe you have violated these Terms.

2. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page.

Your continued use of our website or services after changes are posted means you accept the revised Terms.

3. Quotes, Orders & Approvals

3.1 Quotes & Estimates

Any price quote or estimate we provide is based on the information you supply (design, quantities, sizes, colors, deadlines, etc.) and is:

  • Valid only for a limited time (as stated on the quote or invoice)

  • Subject to change if garment prices, supplier costs, or project details change

We reserve the right to correct errors in pricing or descriptions, even after a quote is issued. If you have already approved a quote and we must change it due to an obvious error, we will notify you and give you the choice to proceed or cancel.

3.2 Proofs, Mockups & Invoices

Before production, we typically provide an invoice and/or digital proof/mockup for your review.

By approving your invoice and/or proof (including via email, e-signature, or payment), you confirm that:

  • Artwork, logos, and spelling are correct

  • Placement (front, back, sleeves, etc.) is acceptable

  • Garment style, color, sizes, and quantities are accurate

  • Any notes or special instructions are correct

Important: As noted on our invoices and mockups:

  • Proofs are not to exact physical scale and are a visual representation only.

  • There may be subtle differences in color, scale, and appearance due to screen resolution, display settings, and the printing process.

Once you approve your invoice and/or proof, changes are not guaranteed and may incur additional costs or delays.

3.3 Custom Orders Are Final

Because almost everything we produce is custom-made, all approved custom orders are considered final sale. Our policies on returns and refunds are described in our Refund & Return Policy, which is incorporated into these Terms by reference.

4. Pricing, Payment & Taxes

4.1 Pricing

Product and service pricing may change at any time without notice, except for orders that have been confirmed in writing and/or paid.

Prices generally do not include:

  • Sales tax (if applicable)

  • Shipping or delivery fees

  • Rush fees or special handling charges

These will be listed separately on your quote or invoice if they apply.

4.2 Deposits & Payment Terms

For most custom orders:

  • A deposit or full payment may be required before we begin production

  • Any remaining balance is typically due upon completion and before pickup or shipment, unless otherwise agreed in writing

If payment terms are extended:

  • Late payments may be subject to late fees, interest, or collection costs as permitted by law

  • We reserve the right to place accounts on hold or refuse new orders until past-due balances are paid

4.3 Taxes

You are responsible for all applicable sales, use, or other taxes related to your order, unless you provide a valid resale or tax-exempt certificate where applicable.

5. Artwork, Ownership & Intellectual Property

5.1 Customer-Supplied Artwork

When you provide us with artwork, logos, or other content, you represent and warrant that:

  • You own the rights to use that content, or

  • You have obtained all necessary permissions/licenses to use it for your order

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including attorney’s fees) arising from alleged infringement or unauthorized use of any artwork or content you supply.

5.2 Our Artwork, Layouts & Templates

Any custom designs, layouts, templates, mockups, or other creative work we produce may be:

  • Our property until paid in full

  • Protected by copyright or other intellectual property rights

Upon full payment for your order, you receive a non-exclusive, limited license to use the final design on the products we produce for you. This does not automatically grant you rights to use our artwork for other purposes (mass reproduction, resale, licensing, etc.) unless explicitly agreed in writing.

5.3 Portfolio & Marketing Use

We may, unless you request otherwise in writing:

  • Photograph or display samples of your project

  • Use your project (including your logo or name) in our portfolio, website, and marketing materials

  • Mention your organization as a client in our promotional content

If you prefer not to be featured this way, please notify us in writing before your order is completed.

6. Online Stores, Team & Fundraiser Orders

We may host online stores for schools, teams, organizations, and fundraisers.

By using one of these online stores, you agree that:

  • Each store has a specific ordering window and production timeline

  • Orders are processed together after the store closes

  • Product availability, colors, and styles are subject to supplier stock

  • Delivery or pickup options are defined in the store (e.g., ship to school, group pickup, or ship to home if offered)

Fundraising payouts, if any, will be handled according to the terms agreed with the group coordinator and may depend on:

  • Total number of items sold

  • Final costs and supplier pricing

  • Any applicable fees or returns

Details on timelines, delivery, and fundraising terms will be provided to the coordinator and/or listed in the store information.

7. Turnaround, Shipping & Delivery

Our production times, shipping options, and rules regarding risk of loss are described in our Shipping & Turnaround Policy, which is incorporated into these Terms by reference.

Key points include:

  • Production turnaround begins after final approval and required payments are received

  • Shipping transit times are in addition to production time and are controlled by the carrier

  • Once an order is given to the carrier, risk of loss passes to you (subject to the carrier’s policies)

  • We are not liable for delays or damage caused by carriers, weather, or other circumstances beyond our control, but we will assist in resolving issues when possible

Please review our Shipping & Turnaround Policy for full details.

8. Returns, Refunds & Defective Products

Our policies for returns, refunds, and defective products are described in detail in our Refund & Return Policy, which is incorporated into these Terms by reference.

In general:

  • Custom products are final sale once approved

  • We may repair, replace, or refund items if there is a clear defect or error on our part that causes the finished product not to match the approved invoice/proof

  • Slight color/scale differences due to screen resolution, print processes, or garment variations are not considered defects

Please refer to the full Refund & Return Policy for eligibility, timeframes, and how to submit a claim.

9. Website Content & Intellectual Property

All content on this website—including text, images, logos, graphics, layouts, and other materials—is:

  • Owned by Apexx Advertising or used with permission, and

  • Protected by copyright, trademark, and other intellectual property laws.

You may:

  • View and print pages for your personal or internal business use

You may not:

  • Reproduce, distribute, modify, or publicly display any content from this website without our prior written consent

  • Use our name, logo, or branding in a way that suggests endorsement without permission

10. Third-Party Links & Tools

Our website may contain links to third-party websites, tools, or services (such as suppliers, printers, payment processors, or social media platforms).

  • We do not control and are not responsible for the content, policies, or practices of those third parties

  • Your use of third-party sites or tools is subject to their own terms and privacy policies

11. Disclaimers

To the fullest extent permitted by law:

  • Our website, content, and services are provided “as is” and “as available,” without warranties of any kind, express or implied.

  • We do not warrant that the site will be error-free, secure, or uninterrupted.

  • We do not guarantee specific outcomes from using our website or services (e.g., sales, fundraising amounts, or marketing results).

Any advice, recommendations, or information provided by us (including via email, phone, or the website) is general in nature and should not be considered legal, financial, or professional advice.

12. Limitation of Liability

To the fullest extent allowed by law:

  • Apexx Advertising, its owners, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the website or our services.

  • Our total liability for any claim related to an order, product, or service will not exceed the amount you paid to us for that specific order, product, or service.

Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Apexx Advertising and its owners, employees, and affiliates from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of:

  • Your use of our website or services

  • Your breach of these Terms

  • Any actual or alleged infringement or violation related to artwork, logos, or content you provide

14. Termination

We may:

  • Refuse service

  • Cancel orders (with appropriate refund if you have paid and work has not yet been completed)

  • Suspend or terminate access to the website

at our sole discretion, if we believe there is fraud, misuse, non-payment, or a violation of these Terms.

You may stop using our website or services at any time. Any obligations or liabilities incurred before termination will survive termination, including payment obligations and indemnity obligations.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles.

Any disputes arising out of or relating to these Terms, our website, or our services will be resolved in the state or federal courts located in New York, and you consent to the jurisdiction of those courts.

16. Contact Information

If you have questions about these Terms & Conditions, please contact us:

Apexx Advertising
Hampton Bays, NY
Email: support@apexxadvertising.com
Phone: (631) 461-3776