Webstore Terms and Conditions (Retail)
|PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING THIS WEBSITE: These Terms and Conditions will govern your access and use of this website. If you do not agree to these Terms and Conditions, do not access or use the website.|
Retail Webstore Terms and Conditions
By accessing this Healthcare Professional Webstore along with all information, content, products, materials, and services made available to you through the Webstore (collectively the "Webstore"), you agree to all of the following terms and conditions listed below, including all referenced policies as amended from time to time ("Agreement"). If you do not agree to this Agreement, do not access or use the Webstore.
Revisions to this Agreement may be made at any time and shall take effect on the date they are published to this Webstore, so you should review this Agreement each time you use this Webstore. The last revision to these Terms and Conditions was on July 25, 2022.
- Webstore: This Webstore is managed by your Healthcare Professional (“Healthcare Professional”) on an E-Commerce Platform maintained by Apex Energetics, Inc. (“Apex Energetics”). Through the Webstore, Healthcare Professional sells Apex Energetics products (“Products”) to you.
- Access to Webstore:
- Under Professional Care: You acknowledge and agree that you are under the direct care and supervision of the Healthcare Professional associated with the Webstore you are accessing.
- Access Code: Your access code provided by your Healthcare Professional is unique and associated only with his/her Webstore. You agree that you will not post online, publish, share, or otherwise make available that Access Code to any other person or entity.
- User Name, Password, and Registration: To register with or order from the Webstore, you will need create a User Name and Password. You agree that you will not share your User Name or Password with anyone else. You are solely responsible for maintaining the strict confidentiality of your User Name and Password, and for any charges, damages, liabilities, or losses incurred or suffered as a result of your failure to do so. You should immediately notify us at firstname.lastname@example.org if you become aware of any unauthorized use of your User Name or Password or other need to deactivate a User Name or Password due to security concerns.
- Age of Consent, Information Accuracy: By accessing this Webstore, you agree to the following: (i) you are above the age of 18 and can enter into a binding contract and are a resident of the United States of America; (ii) the information you provide is true, accurate, current, and complete; and (iii) you will maintain and promptly update your data to keep it accurate.
- Purchased Products:
- Shipping Address: Webstore may save any shipping address you provide when completing an order. You agree to specify the appropriate address when you complete an order on Webstore.
- Payment Information: You will need to provide credit card payment information when you complete a transaction on the Webstore. This information is transmitted to a third party payment processor who provides a token to Webstore. Webstore does not store your complete credit card information; however, you may choose to save your token for future purchases.
- Charges: All charges including product price, shipping, and/or sales tax, if applicable, will be disclosed to you prior to you completing your purchase. The payment method you have provided will be charged at the time your order is processed for shipping.
- Backorder: In the rare event a product becomes temporarily unavailable, it may not be available for purchase on the Webstore. In the event a product becomes unavailable for more than 7 days post anticipated shipping date, you will be notified that the product will not be shipped as part of your order. In such an instance, you will be given an opportunity to: (a) cancel the order; or (b) have the item ship as soon as it becomes available.
- Communications With You: You have the option to receive email communications. Should you select this option, Webstore will communicate with you using the email address you provide in your login. Should you decline, you will not receive any emails and must log into your account to see any messages or transaction records of your purchase. Notwithstanding, Webstore may still send you transactional emails notifying you that you have a message available on the Webstore. It is your responsibility to review that message by logging into the Webstore and accessing your message center. You may manage your communication preference from within your Webstore dashboard. In addition, third parties such as the shipping carrier may send you communications regarding your shipment.
- Product Use:
- Not for Resale: You agree to purchase Products only for your own personal use and will not purchase any Products for resale. You agree that Apex Energetics or your Healthcare Professional, in their respective sole discretion, may investigate (including suspend or terminate) any purchase that it suspects is not for personal use.
- Intended Use: You understand that none of the Products are intended to diagnose, treat, cure, or prevent any disease. You agree to use all Products according to their intended use, directions, and warnings on the Products' labels and labeling. Additionally, you agree to only use the Products under the guidance of your Healthcare Professional and to inform them (a) about any prescription medications, over-the-counter medications, nutritional products, homeopathic products, or other similar products you are using, (b) if you are pregnant or breastfeeding, or (c) if you have any pre-existing health condition(s).
- Notification: You agree to notify your Healthcare Professional immediately in the event you believe you may have experienced any adverse reaction related to the use of any Product. You also understand you may additionally notify Webstore Customer Service.
- Webstore Customer Service:
- Questions About Products: If you have any questions regarding Product specifications or the intended use of Products, you agree to ask your Healthcare Professional.
- Questions About Orders: All questions related to Webstore technical issues, order fulfillment, order status, and Webstore Return Order Authorizations should be directed to Webstore Customer Service at (855) 626-5352, Monday-Friday 7:30 am-4:30 pm PT.
- Shipping: All shipping charges will be stated at checkout prior to completing your order with Webstore pursuant to the Webstore Shipping Policy located at Apex Energetics. com Webstore Shipping Policy and incorporated herein by reference. You acknowledge that delivery dates cannot be guaranteed as the shipping times are estimates provided by a third-party service provider.
- Returns, Refunds, and Replacements: Returns, refunds, and replacements will be handled in accordance with the Webstore Return Policy located at Apex Energetics.com Webstore Return Policy and incorporated herein by reference.
- Recurring Orders: You may elect to schedule recurring orders for an individual Product or group of Products so they are shipped on a proposed schedule selected by you (eg, every 30 days). You may view and modify your recurring order schedule from your dashboard. If you choose to schedule such orders, you agree that your credit card will be charged at the time each order is shipped to you. Webstore will endeavor to ship Products in accordance with your proposed schedule; however, you agree that such orders may be shipped up to 7 calendar days before and up to 7 calendar days after the proposed scheduled ship date.
- Termination: You may terminate this Agreement at any time by providing Webstore with written notice of your termination and ceasing to use or access the Webstore. Termination is your sole right and exclusive remedy if you are not satisfied with the Webstore. Upon the effective date of any such termination, your right to access and use the Webstore shall immediately cease. Additionally, your Webstore account may be terminated, blocked, suspended, or your access to a Webstore may be restricted for any reason, including without limitation suspected breach or violation of any term(s) of this Agreement, in Webstore's discretion without notice or liability to you. Webstore and Apex Energetics' actions regarding limiting your access rights will not limit any other rights or available remedies which are available to them.
- Post-Termination Records Access: Notwithstanding the above, your transactions performed on the platform will be preserved in accordance with all appropriate laws and regulations. Access to such historical records will be provided in accordance with such laws and regulations.
- DISCLAIMER OF WARRANTIES: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSTORE IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL WEBSTORE OR APEX ENERGETICS BE LIABLE IN ANY WAY FOR ANYTHING ON THE WEBSTORE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS ON THE WEBSTORE, OR ANY KIND OF LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF WEBSTORE REGARDLESS OF HOW USED. WE DO NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE WEBSTORE, OR ANY WEBSITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS WEBSTORE, ANY INFORMATION ON THIS WEBSTORE, AND ANY INFORMATION PROVIDED BY YOUR HEALTHCARE PROFESSIONAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Indemnification: You agree to defend, indemnify, and hold Webstore, its related entities, including but not limited to Apex Energetics, Inc., and their respective directors, officers, employees, agents, or other representatives harmless against all claims, liability, losses, expenses, costs or damages (including reasonable attorneys' fees, expert fees, and other costs) related to any claim or action based upon (a) your breach of this Agreement; or (b) your use, or another's use with your User Name and Password, of this Webstore. Webstore and/or Apex Energetics may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect Webstore's or Apex Energetics' rights or obligations shall be made without prior written approval. Webstore and Apex Energetics reserve the right, upon notice to you, to mount their own defense, and seek full compensation for such defense under this indemnification provision.
- LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WEBSTORE NOR APEX ENERGETICS OR THEIR SUPPLIERS, PARTNERS, AFFILIATES, OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSTORE, FROM ANY PRODUCTS AVAILABLE FROM THE WEBSTORE, OR UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION , NEGLIGENCE), STRICT LIABILTY, PRODUCT LIABIITY OR OTHERWISE, OR WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE POSSIBITY OF SUCH DAMAGES.
- Arbitration: You and Webstore and all related entities agree to use individual binding arbitration as the sole means to resolve any claim or cause of action arising from the use of the Webstore, from any Products available from the Webstore, or under this Agreement. Respectively, all parties have waived all rights to resolve any dispute in a court of law or by jury trial. All matters submitted to arbitration will be determined under the Federal Arbitration Act ("FAA"), in conformity with the procedures of the California Arbitration Act. The only exceptions to binding arbitration shall be for claims that are not subject to arbitration under current law or to disputes regarding the enforceability of this Agreement. The arbitrator shall be a mutually agreed upon individual selected from the ADRP, JAMS, or AAA roster. In the event the parties are unable to agree to an individual, each party will have the ability to strike three names from the JAMS roster and JAMS will select an arbitrator from their remaining roster. Arbitration will take place in Orange County, California.
- General Legal Provisions:
- Governing Law/Jurisdiction: For any matter exempted from arbitration under law, the parties consent to the jurisdiction of the courts in Orange County, California and waive any jurisdictional or venue defenses otherwise available. Furthermore all disputes shall be governed by California law without reference to any conflicts of law principles and shall be resolved in the Orange County, California courts. The parties expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, replaced, or re-enacted from time to time.
- Time Bar/Statute of Limitation: You agree that regardless of any applicable law providing for a statute of limitations to the contrary, any claim/cause of action arising out of or related to this Webstore or this Agreement must be filed within six (6) months of the later of: (a) the claim/cause of action arising, or (b) the involved Product (if applicable) being ordered. Upon the expiration of the six (6) month period, any such claim/cause of action will be forever barred.
- No Unintentional Waiver: No failure on the part of Webstore or Apex Energetics to enforce any part of this Agreement shall constitute a waiver of any of their rights under this Agreement. All waivers by Webstore or Apex Energetics must be in writing and signed. No waiver of any default shall be deemed as a waiver of prior or subsequent default of any provision of this Agreement.
- Severability: If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of the rest of the Agreement and such invalid provision shall be deemed to be severed from the Agreement. This Agreement constitutes the entire agreement between You, Webstore, and Apex Energetics with respect to your use of the Webstore and supersedes all previous agreements, understandings, and representations relating thereto.
- Survivability: Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights, and licensing provisions set forth in this Agreement.