Terms of Service

APS Nutrition Web site Terms of Use
APS Nutrition, Inc. together with its subsidiaries and affiliates (collectively, "APS") provide you access to APS’s products and service related websites containing information and data available via your computer subject to the terms and conditions set forth below, including all documents, policies and guidelines incorporated therein (the "Agreement").
Please Read This Agreement Carefully.
By accessing, browsing, or using any of our Sites, you agree to be bound by the terms and conditions of the Agreement, including all documents, policies and guidelines incorporated by reference. This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with APS Nutrition.
APS reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Sites and change the date accordingly. Any changes or modifications will be effective upon posting of the new Agreement on the Sites as revised, and your access to and use of the Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.
Acceptable Use Policy.

When using APS Sites your activities must comply with our Acceptable Use Policy.
Copyright and Authorized Access

All copyrighted and copyrightable materials on these Sites, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are owned by APS Nutrition. You are granted a limited, non-sublicensable right to access the Sites and print the Materials for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:

• publish, publicly perform or display, or distribute to any third party any Materials;
• market, sell, or make commercial use of the Sites or any Materials;
• systematically collect and use of any data or content including the use of any data mining, robots, or similar data gathering and extraction methods;
• make derivative uses of the Sites or the Materials; or
• use, frame, or utilize framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of APS or any third party. Any unauthorized use of the Sites will terminate the permission or license granted by this Agreement and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Trademarks and Service Marks
The trademarks and service marks displayed on the Sites are registered and unregistered trademarks of APS Nutrition and may not be copied, imitated or used, in whole or in part, without the prior written permission of APS. In addition, APS custom graphics, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of APS.
APS trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits APS.

All APS product names and services described on these Sites are trademarks, service marks, or registered trademarks of APS and may not be copied, imitated or used, in whole or in part, without the prior written permission of APS. You may not use any metatags or any other "hidden text" utilizing a APS name, trademark, or product name without APS’s express written consent.
Product and Service Descriptions and Pricing
APS in the offering of information, products, or services on the Sites attempt to be as accurate as possible. However, APS does not warrant that information, product, and service descriptions or other content of the Sites is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on the Sites may be mispriced or contain an inaccuracy in its description. In the event APS determines that a product or service is mispriced or contains an inaccurate description, APS reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify APS immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by APS.
Links to the Sites.
You are granted a limited, nonexclusive right to create a hypertext link to the homepage of the Sites, provided such link does not portray APS or any or its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use an APS’s proprietary graphic or trademark of APS to link to the Sites without the express written permission of APS. This limited right may be revoked at any time.
Press Releases.
The information contained within press releases issued by APS should not be deemed accurate or current except as of the date the release was posted. APS has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.

“As Is” AND “As Available” Basis.
The sites and the materials contained therein are provided “AS IS” and “As Available” basis without warranties of any kind, either express or implied, as to the operation of the Sites or the information, content, materials, products or services included on the Sites. You expressly agree that use of the sites, including all content, data, or downloads accessed from or through the site is at your sole risk and responsibility.
Warranty Disclaimer.

APS disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, title, and non-infringement as to the information, materials, content, servics, and products on the sites. APS does not represent or warrant that materials in the Sites are accurate, complete, reliable, current, error-free, subject to correction or that any such materials available from download from the Sites are free of infection or viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties. APS is not responsible for typographical errors or omissions relating to pricing, text, or photography. While APS attempts to ensure your access and use of the Sites is safe, APS cannot and does not represent or warrant that the sites or its sites or its servers, or third party servers will be error-free, uninterrupted, free from unauthorized access, including third party hackers or denial of service attacks, or otherwise meet customer’s requirements. APS reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by APS.
Your Responsibility and Risk.

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the Sites or on the Internet generally. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. You access such materials at your risk. AT&T has no control over and accepts no responsibility whatsoever for such materials.
APS reserves the right but does not assume the obligation to strictly enforce this Agreement, including without limitation by issuing warnings, suspension, or termination of service, and/or removal, screening, or data, information, text or other material ("Content"), self help and active investigation, litigation and prosecution in any court or appropriate venue. APS may access, use, and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. Indirect or attempted violations of this agreement or any related policy, and actual or attempted violation by a third party on behalf of a APS customer, shall be considered violations of this agreement by such customer.
Limitation of Liability.
In no event shall APS be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort, including but not limited to negligence, or otherwise, arising out of or in any way connected with (1)The use or inability to use the Sites or (2) Any claim attributable to errors, omissions, or other inaccuracies in the Sites or the content, materials, information, products, or services on or available through the sites or the content, materials, information, products or services on or available through the sites even if APS or its authorized representatives have been advised of the possibility of such damages. In no event shall the aggregate liability of APS, whether in contract, warranty, tort (including negligence whether active, passive, or imputed), product liability, strict liability, or other theory), arising out f or relating to the use of APS’s sites, exceed $5.00 or the compensation you paid APS, whichever is less.

Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, APS’s liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless APS, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Sites from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you, or your violation of any rights of a third party.
Third-Party Rights.
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the Sites after this Agreement has been terminated. The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Third-Party Content, Submissions, Export Restrictions, Disclaimers, Limitation of Liability, Indemnification, Third-Party Rights, Applicable Law, Venue and Limitation of Actions, Termination, Severability, Enforceability and Admissibility, and Miscellaneous shall survive any termination of this Agreement.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Enforceability and Admissibility.
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
APS’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. APS may assign its rights and duties under this Agreement to any party at any time without notice to you.