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Terms and Conditions
Last Updated: February 2008
PLEASE READ THIS
SECTION CAREFULLY AS IT CONTAINS THE LEGAL TERMS AND
CONDITIONS THAT YOU AGREE TO WHEN YOU USE THE APEX
BODY CARE PRODUCTS INC.’S SITE (THE "SITE").
IN ADDITION, WHEN USING PARTICULAR FEATURES AND SERVICES ON
THE SITE, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES AND
RULES APPLICABLE TO SUCH FEATURES AND SERVICES, ALL OF WHICH
ARE INCORPORATED HEREIN BY REFERENCE.
The purpose of the
Site is to provide you with information about APEX
BODY CARE PRODUCTS INC. (APEX), our products and
activities we undertake. In addition, you may be able to
purchase products and services through the Site.
We
have taken every care in the preparation of the Site.
However, we cannot guarantee that you will have
uninterrupted or error-free access to the Site.
The
information on the Site has been included in good faith for
general informational purposes only. It should not be relied
upon for any specific purpose and no representation or
warranty is given as to its accuracy or completeness.
Reference
to any product or service on the Site does not constitute an
offer to sell or supply that product or service. Inventory
information is generally available on the Site for domestic
(Canadian) merchandise. This information can be used to
estimate the likelihood that merchandise will be shipped
immediately after you place your order. However, we cannot
guarantee that all products will actually ship right away,
as inventory can change significantly from day to day. In
rare cases, a product may be in stock when you place your
order, and sold out by the time your order is processed.
However, if an item that is marked "In stock" in
your shopping cart when you place your order is sold out at
the time your order is processed, we will notify you by
e-mail that your order will be delayed.
APEX will make every
effort to get the item(s) back in stock as soon as possible.
If we haven't been able to locate and ship the item(s) to
you in 10 days, an order status email will be sent to you.
If for any reason we determine that a backordered item is no
longer available, we will cancel the item from your order
and notify you via email.
PRICES
AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE
SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing,
description of, or reference to, a product or service on the
Site does not imply that the product or service is presently
available or that we endorse that product or service. In the
event a product or service is listed at an incorrect price
due to a typographical error, error in pricing information
received from a supplier, or any other reason, we shall have
the right to refuse or cancel any order placed for such
product or service at the incorrect price, even if the order
has been confirmed and/or your credit card has been charged.
If your credit card has already been charged for the
purchase and your order is cancelled, we shall promptly
issue a credit to your credit card account in the amount of
the incorrect price.
Order
Acceptance. Your receipt of an
electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. We reserve the right at
any time after receipt of your order to accept or decline
your order for any reason or for no reason at all.
Restrictions.
Not all products and services listed on the Site may be
available for sale or delivery in every area. All orders of
products or services are subject to prevailing law,
including, as appropriate, export and import regulations and
boycotting restrictions, if any, imposed by governing bodies
having jurisdiction over such orders, products or services.
We are unable to
accept orders for P.O. Box address. We are not responsible
for errors due to printing.
You
are responsible for any payments due for any products or
services ordered through your account. If payment is not
received by us from your credit issuer or its agents, you
agree to pay all amounts due to us. You shall also be
responsible for any costs of collection of overdue payment.
APEX
is, unless otherwise stated, the owner of all copyright,
trademark, patent, database and other proprietary rights in
the Site and its contents. Without limitation of the
foregoing, we own a copyright in the Site as a collective
work and/or compilation, and in the selection, co-ordination
and arrangement of the information and content in the Site.
You may not publish, distribute, extract, re-utilize, or
reproduce any part of the Site in any material form
(including photocopying or storing it in any medium by
electronic means) other than in accordance with the limited
use license set out in our copyright notice or as permitted
by the Canadian Copyright Act. Except as expressly provided
in these Terms & Conditions of Use and the copyright
notice, we grant no rights to you under any patents,
copyrights, trademarks, trade secrets or any other
proprietary rights.
We
do not solicit nor do we wish to receive any confidential,
secret or proprietary information or other material from you
either through the Site, any of its services, by e-mail, or
in any other way. Unless otherwise expressly agreed in
writing prior to your submission to us, any information or
material submitted or sent to us will be deemed not to be
confidential or secret. By submitting or sending information
or other material to us you represent and warrant that the
information and material is original to you and that no
other party has any rights to the information or material.
By submitting or sending information or other material to us
you grant us the royalty-free, unrestricted, worldwide,
perpetual, irrevocable, non-exclusive and fully
sub-licensable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from,
distribute, perform and display such material and
information (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or
technology now known or later developed. You also warrant
that any "moral rights" in posted information and
materials have been waived.
All
brand, product and service names used in the Site are the
trade marks, trade names or service marks of APEX BODY CARE
PRODUCTS INC. unless otherwise stated. You may not
distribute products or offer services under or by reference
to or otherwise use or reproduce any such trade marks, trade
names or service marks, or use any meta tags or any other
"hidden text" utilizing any such trademarks, trade
names or service marks, without the express prior written
permission of APEX or the owner of such trade marks, trade
names or service marks.
By
entering any information on the Site, you represent and
warrant that: (i) you are at least 18 years of age; (ii) you
are using your actual identity; (iii) you have provided only
true, accurate, current and complete information; and (iv)
you will maintain and promptly update the information that
you provide to keep it true, accurate, current and complete.
Additionally, you agree to maintain the strict
confidentiality of your account and any passwords issued to
you for your use of or access to the Site or any portion
thereof, and you agree not to allow any other entity to use
any username(s) or password(s) that are issued to you. You
shall be responsible for all activity that occurs under your
account or password. We cannot and will not be liable for
any loss or damage arising from your failure to comply with
these obligations.
If you wish to
cancel a username or password, or if you become aware of any
loss, theft or unauthorized use of a username or password,
please notify us immediately. We reserve the right to delete
or change any username or password at any time and for any
reason.
We take seriously
the security of your personal information and have therefore
implemented technology and security policies and procedures
intended to reduce the risk of accidental destruction or
loss, or the unauthorized disclosure or access to, such
information, reasonably appropriate to the level of the data
concerned. However, we cannot guarantee that communications
between you and the Site, and the Site and you, or data
stored on the Site's systems, will be free from unauthorized
access by third parties.
We
reserve the right, for any reason, in our sole discretion,
to terminate, change, suspend or discontinue any aspect of
the Site, including, but not limited to, content, features
or hours of availability. We may also impose limits on
certain features of the Site or restrict your access to part
or all of the Site without notice or penalty. We may suspend
or terminate your account or your use of the Site at any
time, for any reason or for no reason at all.
We
may provide links to other websites from time to time. These
links are provided for your convenience. We do not endorse
or take responsibility for the content of those websites,
are not responsible for the availability of them, and will
not be liable in any way for any loss or damage which you
may suffer by using those websites. If you decide to access
linked websites you do so at your own risk.
TO THE FULLEST
EXTENT PERMITTED BY LAW ALL WARRANTIES (EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF
MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT) IN RESPECT OF THE SITE AND THE CONTENT OF
AND YOUR USE OF THE SAME ARE EXCLUDED. YOU EXPRESSLY AGREE
THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, AND ANY
CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN
"AS-IS" AND "AS AVAILABLE" BASIS.
NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR
THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR
SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON THE
SITE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY
CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING
THE SITE.
ALL PRODUCTS AND
SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE ARE
SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM
ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR
THROUGH THE SITE. WE DISCLAIM ANY AND 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
MISAPPLICATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO
THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY
CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCT
OR SERVICE LISTED OR PURCHASED ON OR THROUGH THE SITE SHALL
BE LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR SUCH
PRODUCT OR SERVICE.
UNDER NO
CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR
ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR
DISTRIBUTING THE SITE OR ANY PART THEREOF, BE LIABLE FOR ANY
PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR
SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITE
OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR
LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY
IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM
LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE
LIMITED TO THE AMOUNT THAT WE RECEIVE FOR THE TRANSACTION
THAT GAVE RISE TO THE CLAIM.
We reserve the right
to amend these Terms of Use without notice to you from time
to time. Any such amendment shall be effective once the
revised terms have been posted on the Site.
These Terms of Use
are governed by and will be construed in accordance with the
laws of the Canada and the Province of Ontario. Any disputes
arising under or in connection with these Terms or Use, or
your access or use of the Site shall be subject to the
exclusive jurisdiction of the courts located in the Province
of Ontario.
We respect the
intellectual property rights of others, and require that the
people who use the Site do the same. If you believe that
your work has been copied in a way that constitutes
copyright infringement, please forward the following
information to APEX:
· Your address,
telephone number, and email address;
· A description of
the copyrighted work that you claim has been infringed;
· A description of
where the alleged infringing material is located;
· A statement by
you that you have a good faith belief that the disputed use
is not authorized by you, the copyright owner, its agent, or
the law;
· An electronic or
physical signature of the person authorized to act on behalf
of the owner of the copyright interest; and
· A statement by
you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright
owner's behalf.
If you choose to use
the Site, you understand, acknowledge and agree that your
use of the Site is governed by these Terms of Use and the
laws and regulations of Canada regarding online conduct and
acceptable content. If you use the Site in a jurisdiction
that prohibits or restricts the use of the Site, you agree
that your use of the Site will be at your own risk, without
limitation of any other provision hereof, and that APEX
shall not have any liability with respect to such use.
We encourage you to
read our Privacy Policy, which is incorporated by reference
into these Terms of Use. By using the Site, you agree to the
Privacy Policy.
If you have any
comments or questions about or Site please contact us at
info@apexbodycare.com.
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