Webstore Terms and Conditions
Retail Webstore Terms and Conditions
By accessing a 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 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 10/1/2018.
BETA TEST PERIOD
The Parties agree that in exchange for Your access to the Webstore as one of the initial customers (Beta Test Period), You take the Webstore AS-IS without any express or implied warranty of any kind, including warranties of merchantability or fitness for any particular purpose. In no event shall WEBSTORE, HEALTHCARE PROFESSIONAL, E-COMMERCE PLATFORM, APEX ENERGETICS, or ANY RELATED ENTITY be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use THE WEBSTORE, even if IT has been advised of the possibility of such damages. Where this language conflicts with the below agreement and where the Beta Test Period is still in effect, this Beta Test period language shall control. The Retail Webstore Terms and Conditions will be revised when the Beta Test Period has concluded.
1. Webstore. This Webstore is managed by a qualified 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 to you.
2. Access to Webstore.
A. 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.
B. 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.
C. User Name, Password and Registration. To register with or order from the Webstore, you will 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.
D. 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.
3. Purchased Products.
A. 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.
B. Payment Information. You will 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.
C. 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.
D. 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.
E. 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, we 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.
4. Product Use.
A. 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 its respective sole discretion, may investigate (including suspend or terminate) any purchase that it suspects is not for personal use.
B. 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 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 other 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.
C. Notification. You agree to notify 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.
5. Webstore Customer Service.
A. Questions About Products. If you have any questions regarding Product specifications or the intended use of Products, you agree to ask your Healthcare Professional.
B. 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 PST.
6. Shipping Policy. All shipping charges will be stated at checkout prior to completing your order with Webstore. You agree that Webstore cannot guarantee delivery dates as the shipping times are estimates provided by a third party.
7. Returns and Refunds.
A. Returns. A Return Order Authorization is required to return Products to Webstore. Webstore Returns will only be accepted and Return Order Authorizations provided for Products that have been: (i) shipped in error and are in original, unopened, and unmarked condition; or (ii) arrived damaged. Webstore Returns must be initiated within 7 days of receiving Product. Suspected abuse of the Return system may result in account suspension or termination.
B. Refunds/Replacement. Your Healthcare Professional may direct you to Webstore Customer Service in order to receive a refund or replacement. Refunds or Replacements will only be issued from Webstore Customer Service under the following circumstances: (a) the product is lost in shipping and reported to Webstore Customer Service within 15 days of the order being shipped; or (b) a Webstore Return Order Authorization has been provided in accordance with the Returns policy listed above. Where Webstore Customer Service has approved a Refund, your Refund will be in the amount of the retail purchase price paid for the Products Refunded.
C. Return Shipping. The Webstore may pay for Return Shipping only in the instances where, (a) Webstore Customer Service has provided a Return Order Authorization, (b) Products are shipped in error, damaged or defective, and (c) Product return is required by Webstore.
8. 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 (e.g. 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. We 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.
A. 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 actions regarding limiting your access rights will not limit any other rights or available remedies which are available to Webstore.
B. 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.
11. 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 WE 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 PPROFESSIONAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Indemnification. You agree to defend, indemnify and hold Webstore and all related entities harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees and other costs) related to any claim or action based upon your use, or another’s use with your User Name and Password, of this Webstore. Webstore 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 rights or obligations shall be made without prior written approval. Webstore reserve the right, upon notice to you, to mount its own defense, and seek full compensation for such defense under this indemnification provision.
13. 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.
14. General Legal Provisions.
A. 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 and shall be resolved in the Orange County, California courts.
B. Time Bar/Statute of Limitations. 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.
C. No Unintentional Waiver. No waiver of any default shall be deemed as a waiver of prior or subsequent default of any provision of this Agreement.
D. Severability. If any provision of this Agreement is held 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.
E. 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.