Terms and Conditions | Apex Nutrition

Terms & Conditions

TERMS AND CONDITIONS OF USE

These TERMS AND CONDITIONS OF USE (“Terms of Use”) apply to the website of The Apex Nutrition, LLC (“The Apex Nutrition”), a South Carolina limited liability company, and all of its content, and all associated websites and all of their content (collectively, the “Site”). BY USING THE SITE, YOU HEREBY CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. The Apex Nutrition reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, The Apex Nutrition grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site.

1. INTELLECTUAL PROPERTY. THIS SITE AND ALL OF ITS CONTENTS INCLUDING, BUT NOT LIMITED TO, TRADEMARKS, TRADE NAMES, SERVICE MARKS, ARTICLES, OTHER TEXT, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS, PRODUCT NAMES, DESIGNS, AND THE COLLECTION, ARRANGEMENT, AND ASSEMBLY OF ALL CONTENT (COLLECTIVELY, “THE INTELLECTUAL PROPERTY”) ARE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS OF THE UNITED STATES, AS WELL AS INTERNATIONAL CONVENTIONS AND THE LAWS OF OTHER COUNTRIES. ALL OF THE INTELLECTUAL PROPERTY IS OWNED BY AND THE PROPERTY OF EITHER The Apex Nutrition, OR ITS LICENSORS, AFFILIATES, PARTNERS, SUPPLIERS, VENDORS, OR DISTRIBUTORS. NONE OF THE INTELLECTUAL PROPERTY MAY BE COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, DOWNLOADED, DISPLAYED, POSTED, OR TRANSMITTED IN ANY FORM OR BY ANY MEANS INCLUDING, BUT NOT LIMITED TO, ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING, OR OTHERWISE, WITHOUT THE PRIOR, EXPRESS WRITTEN CONSENT OF THE Apex Nutrition. NOTHING ON THE SITE SHALL BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE ANY LICENSE OR RIGHT TO USE ANY OF THE INTELLECTUAL PROPERTY DISPLAYED ON THE SITE WITHOUT THE PRIOR WRITTEN CONSENT OF The Apex Nutrition OR THE APPLICABLE INTELLECTUAL PROPERTY OWNER. YOUR USE OF THE SITE DOES NOT PROVIDE YOU WITH OWNERSHIP RIGHTS TO ANY INTELLECTUAL PROPERTY VIEWED THROUGH THE SITE NOR DOES IT WAIVE ANY OF THE Apex Nutrition’S OR ITS LICENSORS’, AFFILIATES’, PARTNERS’, SUPPLIERS’, VENDORS’, OR DISTRIBUTORS’ RIGHTS IN SUCH INFORMATION AND MATERIALS.

Notwithstanding the foregoing, you may use information on The Apex Nutrition’s products and services made available on the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such documents.

2. USE OF THE SITE. BY VISITING AND/OR USING THIS SITE, YOU AGREE TO REFRAIN FROM DOING ALL OF THE FOLLOWING: (I) USING ANY “DEEP-LINK”, “PAGE-SCRAPE”, "ROBOT", “SPIDER” OR OTHER AUTOMATIC DEVICE, PROGRAM, ALGORITHM OR METHODOLOGY, OR ANY SIMILAR OR EQUIVALENT MANUAL PROCESS, TO ACCESS, ACQUIRE, COPY OR MONITOR ANY PORTION OF THE SITE, OR IN ANY WAY REPRODUCE OR CIRCUMVENT THE NAVIGATIONAL STRUCTURE OR PRESENTATION OF THE SITE, TO OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS, DOCUMENTS OR INFORMATION THROUGH ANY MEANS NOT PURPOSELY MADE AVAILABLE THROUGH THE SITE; (II) ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PORTION OR FEATURE OF THE SITE, OR ANY OTHER SYSTEMS OR NETWORKS CONNECTED TO THE SITE, OR TO ANY OF THE SERVICES OFFERED ON OR THROUGH THE SITE, BY HACKING, PASSWORD “MINING” OR ANY OTHER ILLEGITIMATE MEANS; (III) PROBE, SCAN OR TEST THE VULNERABILITY OF THE SITE OR ANY NETWORK CONNECTED TO THE SITE, NOR BREACH THE SECURITY OR AUTHENTICATION MEASURES ON THE SITE OR ANY NETWORK CONNECTED TO THE SITE; (IV) TAKE ANY ACTION THAT IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON THE INFRASTRUCTURE OF THE SITE, OR ANY SYSTEMS OR NETWORKS CONNECTED TO THE SITE; (V) USE ANY DEVICE, SOFTWARE OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE SITE OR ANY TRANSACTION BEING CONDUCTED ON THE SITE, OR WITH ANY OTHER PERSON’S USE OF THE SITE; (VI) FORGE HEADERS OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY MESSAGE OR TRANSMITTAL YOU SEND TO THE Apex Nutrition ON OR THROUGH THE SITE OR ANY SERVICE OFFERED ON OR THROUGH THE SITE; (VII) PRETEND THAT YOU ARE, OR THAT YOU REPRESENT, SOMEONE ELSE, OR IMPERSONATE ANY OTHER INDIVIDUAL OR ENTITY; OR (VIII) USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE, OR TO SOLICIT THE PERFORMANCE OF ANY ILLEGAL ACTIVITY OR OTHER ACTIVITY WHICH INFRINGES THE RIGHTS OF THE Apex Nutrition OR OTHERS. ANY ACTIONS IN VIOLATION OF THESE TERMS OF USE WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO, BY POSSIBLE CIVIL, CRIMINAL, AND INJUNCTIVE REDRESS.

The Apex Nutrition reserves the right to terminate your access to the Site and any of its services if it determines that you have not complied with or are not currently complying with these Terms of Use; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of The Apex Nutrition’s, or its licensors, affiliates, partners, suppliers, or vendors’ rights or interests in the Site, services, or other property; or for any or no reason whatsoever, without prior notice to you. Upon termination, you must cease use of The Apex Nutrition’s Site and destroy all materials obtained from the Site and all copies thereof, whether made under these Terms of Use or otherwise.

3. COMMUNICATIONS. YOU HEREBY DISCLAIM ANY AND ALL OWNERSHIP, ROYALTIES, CLAIMS FOR CREDIT, AND ANY OTHER FORM OF COMPENSATION OR RECOGNITION WHATSOEVER, OVER ANY COMMENTS, INFORMATION, SUGGESTIONS, MESSAGES, IDEAS, CONCEPTS, REVIEWS, OR TECHNIQUES, INCLUDING BUT NOT LIMITED TO, THOSE RELATED TO MANUFACTURING, DEVELOPING, MARKETING, SELLING PRODUCTS AND SERVICES, OR CREATING, MODIFYING OR IMPROVING THE SITE, CONTAINED IN ANY COMMUNICATION YOU MAY SEND TO THE Apex Nutrition, WHETHER THROUGH THE SITE OR BY ANY OTHER MEANS. MOREOVER, YOU HEREBY GRANT THE Apex Nutrition A NONEXCLUSIVE, ROYALTY-FREE, WORLDWIDE, PERPETUAL LICENSE TO DISPLAY, USE, REPRODUCE, AND MODIFY ANY INFORMATION YOU POST ON THE SITE.

ORDERS. Orders placed will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You may return or exchange a product or service purchased from the Site in accordance with The Apex Nutrition’s return and exchange policy in effect at the time of your purchase.

INFORMATION/SITE ACCURACY. The Apex Nutrition attempts to ensure that information on the Site is complete, accurate and current, however the information on the Site may occasionally be inaccurate, incomplete or out of date. The Apex Nutrition makes no representation or warranties as to the completeness, accuracy or currentness of any information on the Site. Products on the Site may be unavailable, have different attributes than those listed, or may actually carry a different price than that stated on the Site. The Apex Nutrition may make changes in information about price and availability of products and services without prior notice. Although The Apex Nutrition routinely confirms orders by e-mail, the receipt of an e-mail order confirmation does not constitute an acceptance of an order or a confirmation of an offer to sell a product or service. The Apex Nutrition reserves the right, without prior notice, to limit the order quantity of any product or service and/or to refuse service to any customer. The Apex Nutrition may also require verification of information prior to the acceptance and/or shipment of any order.

DISCLAIMERS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER NUTRFIT NOR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS, SUPPLIERS, VENDORS, OR DISTRIBUTORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER NUTRFIT NOR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS, SUPPLIERS, VENDORS, OR DISTRIBUTORS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, SUPPLIERS, AND/OR VENDORS, IF ANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Apex Nutrition HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND/OR SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE Apex Nutrition HEREBY EXPRESSLY DISCLAIMS 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. THE Apex Nutrition MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS AND/OR WARRANTIES PERTAINING TO THE SAFETY, QUALITY, NUTRITIONAL VALUE, OR EFFECTIVENESS OF ANY PRODUCT OR SERVICE MARKETED, SOLD, BOUGHT, FEATURED, OR ADVERTISED THROUGH OR ON THE SITE. THE Apex Nutrition IS STRICTLY A RESELLER AND DOES NOT ENDORSE ANY PRODUCTS AND/OR SERVICES MARKETED, SOLD, BOUGHT, FEATURED, OR ADVERTISED THROUGH OR ON THE SITE. THE Apex Nutrition MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST THE Apex Nutrition, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, LICENSORS, AGENTS, SUCCESSORS AND ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE SITE.

LIMITATIONS OF LIABILITY. Neither The Apex Nutrition nor any of its officers, directors, employees, shareholders, affiliates, agents, successors, affiliates or assigns assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site. IN NO EVENT WILL THE Apex Nutrition OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.

NO HEALTH ADVICE. The information contained on the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor and/or other health care professional. You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by healthcare or nutrition professionals employed by or contracting with The Apex Nutrition) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

9. LINKS. THE SITE MAY PROVIDE LINKS TO OTHER WEB SITES OR RESOURCES. THE Apex Nutrition HAS NOT REVIEWED THESE SITES AND IS NOT RESPONSIBLE FOR THE ACCURACY, CONTENT, PRIVACY POLICIES OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE Apex Nutrition’S SITE. THE Apex Nutrition DOES NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION CONTAINED IN SUCH THIRD-PARTY WEB SITES OR CONTENT. THE Apex Nutrition DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST THE Apex Nutrition WITH RESPECT TO SUCH SITES AND THIRD-PARTY CONTENT. NEITHER THE Apex Nutrition NOR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS IS LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIRD-PARTY MATERIAL OR THIRD-PARTY WEB SITES THAT ARE LINKED TO THIS SITE. NO LINK TO THE SITE MAY BE FRAMED TO THE EXTENT THAT SUCH FRAME CONTAINS ANY SPONSORSHIP, ADVERTISING, OR OTHER COMMERCIAL TEXT OR GRAPHICS. DEEP LINKING TO INTERNAL PAGES OF THIS SITE IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR, EXPRESS WRITTEN CONSENT OF THE Apex Nutrition.

10. INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS, THE Apex Nutrition, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM AND AGAINST, ANY AND ALL CLAIMS, ACTIONS, OR DEMANDS, INCLUDING, BUT NOT LIMITED TO, REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM YOUR USE OF THE SITE OR YOUR BREACH OF THESE TERMS OF USE. THE Apex Nutrition SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND YOU SHALL, AT YOUR SOLE COST AND EXPENSE, DEFEND ANY SUCH CLAIM, SUIT, OR PROCEEDING.

11. ARBITRATION. READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW ANY CLAIMS THAT YOU AND THE Apex Nutrition HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HEREBY AGREE THAT ANY AND ALL DISPUTES OR DISAGREEMENTS WITH THE Apex Nutrition ARISING OUT OF (I) YOUR USE OF OR INTERACTION WITH THE SITE, (II) ANY PURCHASES OR OTHER TRANSACTIONS OR RELATIONSHIPS WITH THE Apex Nutrition, ITS AGENTS, AFFILIATES, SUCCESSORS, AND/OR ASSIGNS, OR (III) ANY DATA OR INFORMATION YOU MAY PROVIDE TO THE Apex Nutrition OR THAT THE Apex Nutrition MAY GATHER IN CONNECTION WITH SUCH USE, INTERACTION OR TRANSACTION, SHALL BE RESOLVED VIA ARBITRATION. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE HEREBY WAIVING YOUR RIGHT TO PURSUE A CLAIM IN COURT, OR HAVE A JURY DECIDE THE CLAIM, AND THAT YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT.

In the event The Apex Nutrition is unable to informally resolve any complaints, disputes, or disagreements that you may have with it, you agree to submit such unresolved claim, whether arising out of these Terms of Use, The Apex Nutrition’s Privacy Statement, or any content involving or related to the Site, to final and binding arbitration (“Arbitration”) in accordance with the American Arbitration Association (“AAA”) rules and procedures in effect at the time the Arbitration is initiated. This Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding anything contained herein to the contrary, you hereby agree that the following shall apply to any Arbitration proceeding initiated hereunder: (i) the Arbitration shall be conducted before a single arbitrator selected in accordance with the applicable AAA rules or by mutual agreement between you and The Apex Nutrition (the “Arbitrator”); (ii) the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or these arbitration provisions in this Section hereof, including but not limited to, any claim that all or any part of these Terms of Use is void or voidable; (iii) the Arbitration shall be held either (a) in a mutually agreeable location in Lake County, South Carolina, or, in the event the foregoing location is disallowed by the applicable AAA rules, a location determined by the AAA pursuant to the applicable rules; or (b) at your election, if the only claims in the Arbitration are asserted by you and are for less than $10,000 in the aggregate, by telephone or by written submission; (iv) the Arbitrator (a) shall apply internal laws of the State of South Carolina consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles, (b) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with South Carolina or federal rules of procedure, as applicable, (c) shall honor claims of privilege recognized at law, and (d) shall have authority to award any form of legal or equitable relief; (v) the Arbitration can resolve only your and/or The Apex Nutrition's individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated; (vi) the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it; and (vii) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the applicable AAA rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. The Apex Nutrition may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after The Apex Nutrition has given notice of such modifications and only on a prospective basis for claims occurring after the effective date of such notification. In the event the AAA is no longer in existence, all unresolved complaints, disputes, or disagreements that you may have with The Apex Nutrition shall be submitted to the appropriate court in Lake County, South Carolina for resolution.

Notwithstanding the foregoing or anything contained herein to the contrary, you agree that any issue or dispute arising out of or in connection with your use of the Site, Intellectual Property, the Terms of Use, or any other matter concerning The Apex Nutrition, shall be governed by the laws of the United States and the State of South Carolina.

12. ACCOUNTS, PASSWORDS AND SECURITY. CERTAIN FEATURES OR SERVICES OFFERED ON OR THROUGH THE SITE MAY REQUIRE YOU TO OPEN AN ONLINE ACCOUNT (INCLUDING SETTING UP A USERNAME AND PASSWORD) (AN “ACCOUNT”). YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE INFORMATION YOU HOLD FOR YOUR ACCOUNT, INCLUDING YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT AS A RESULT OF YOUR FAILING TO KEEP THIS INFORMATION SECURE AND CONFIDENTIAL. YOU AGREE TO NOTIFY THE Apex Nutrition IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT, OR ANY OTHER BREACH OF SECURITY. YOU MAY BE HELD LIABLE FOR LOSSES INCURRED BY THE Apex Nutrition OR ANY OTHER USER OF OR VISITOR TO THE SITE DUE TO SOMEONE ELSE USING YOUR ACCOUNT AS A RESULT OF YOUR FAILING TO KEEP YOUR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL.

You may not use anyone else’s Account at any time without the express permission and consent of the holder of that Account. The Apex Nutrition cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

The Apex Nutrition (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at The Apex Nutritioncle@yahoo.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Madison, South Carolina before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which The Apex Nutrition’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

13. ENTIRE AGREEMENT. These Terms of Use, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between The Apex Nutrition and you relating to the subject matter hereof and supersede any prior versions of these Terms of Use as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

You understand that any information as found within our Website is for general educational and informational purposes only. You understand that such information is not intended nor otherwise implied to be medical advice.

No products are approved by the FDA and it is advised that you do the necessary research for any type of supplement that you put into your body. The Apex Nutrition is not responsible for any side effects, health issues/complications from any of the products available for sale in-store or available through the online site.

The chemicals/materials for sale here are intended for laboratory and research use only, unless otherwise explicitly stated. They are not intended for human ingestion or for use in products that may be ingested. You must be at least 18 (eighteen) years of age to purchase goods on this website. The listing of a material on this website does not constitute a license to, or a recommendation for its use in infringement of any patent whatsoever. It is understood that all of the products purchased here will be handled only by qualified and trained individuals.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

NF Supps (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@The Apex Nutritioncle.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which NF Supps’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.