TERMS OF SERVICE
APT Sports works hard to ensure that you have a great place(s) to research diet and sport supplements and the lifestyles related to each. APT Sports is proud of its online efforts and is committed to maintaining the highest standards possible. This Terms of Service document allows our valued customers to feel comfortable knowing that APT Sports recognizes and supports the rights of responsible users.
The website APTSupps.com (hereinafter, “Site”) is owned and operated by APT Sports. This website is for your personal, non-commercial use only. The Site is not intended to offer any medical advice or opinions, either implied or explicit, and should not be used as such or as a substitute for advice from a medical professional. While the Site offers information about APT Sports™ products, consumers should always read the label before taking the purchased product and should consult a doctor before starting any diet or exercise program.
The material contained within the Site is intended for residents of the United States of America only and shall only be construed and evaluated according to United States law. This material is void outside the United States of America, and where prohibited by law or regulation. Do not proceed to view this Site if you are not a legal resident of the States of America.
ACCEPTANCE OF TERMS OF SERVICE
By using, visiting, or browsing the Site, you accept, without limitation or qualification, these Terms of Service. If you do not agree to these Terms of Service, please do not use our services or visit our Site. These Terms of Service constitute the entire agreement between APT Sports and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of these Terms of Service.
CHANGES TO THE TERMS OF SERVICE
APT Sports reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. You are bound by such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound. You can review the most current version of the Terms of Service at any time by clicking on the “Policy / Terms of Service” hyperlink located at the bottom of the pages on the Site. By using the Site, you signify your acceptance of this Terms of Service. Your use of the Site after changes are made signifies your assent to be bound by the Terms of Service as they exist at that time.
The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, 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. The Intellectual Property is the exclusive property of APT Sports.
The copyright in all materials provided on the Site is owned by APT Sports or its affiliate(s). Subject to the following exception, none of the material contained in the Site 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 written consent of APT Sports. Site visitors may only view, copy, print, and download the materials on the Site for personal, noncommercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. APT Sports may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are either registered or unregistered Trademarks of APT Sports or its affiliate(s) or used under license. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademark owner. The name APT Sports or any of the Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of APT Sports. APT Sports prohibits use of its name or any APT Sports logo and Trademarks as a “hot” link to any non-APT Sports Site, unless establishment of such link is approved in advance by APT Sports in writing.
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 APT Sports’s rights in such information and materials. APT Sports will aggressively enforce its intellectual property rights to the fullest extent of the law.
LIMITED RIGHT TO USE
The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
SITE USER CONDUCT
You must be 18 years of age or older to access our Site. As a user of the Site, you agree that in connection with your use of the Site and the content you will not:
- Upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, an International Federation of BodyBuilders (IFBB) official, a National Physique Committee (NPC) official, an International Olympic Committee (IOC) official, a professional sports official, a current or former professional or amateur athlete, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Site;
- Use the Site for any unlawful purpose;
- Upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
- Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Site, the services, the content or servers or networks connected to the Site, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, the services, and/or the content, the terms of which are incorporated herein;
- Intentionally or unintentionally violate any applicable local, state, national, or international law.
APT Sports reserves the right to terminate your access to the Site or any of its services if it determines that you do not comply with these Terms of Service; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of APT Sports’s rights or interests in its 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 APT Sports Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Service or otherwise.
APT Sports or any of its affiliates is free to use, without limitation, any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to the Site without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the Site or other web sites. Furthermore, by posting any information on our Site, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce, or modify that information.
DISCLAIMER OF WARRANTY
THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY APT SPORTS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITES; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY APT SPORTS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL APT SPORTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, EVEN IF APT SPORTS OR ANY APT SPORTS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Site may provide links to other World Wide Web sites or resources. APT Sports 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 any APT Sports Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any APT Sports Sites or third-party content on our sites. We do 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 sites or content. We do 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 APT Sports with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither APT Sports nor its affiliates, employees, directors, officers, or agents shall be 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 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. All links to the Site must be to APTSupps.com. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from APT Sports.
You agree to defend, indemnify, and hold harmless APT Sports, its officers, directors, employees, and agents, from and against any 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 Service. APT Sports shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.
CHOICE OF LAW
You agree that any issue or dispute arising out of or in connection with your use of our Site, intellectual property, the Terms of Service, or any matter concerning APT Sports shall be governed by the laws of the United States and the State of New York . You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in the Southern District of New York. If any provision of the Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.
By using the Site, you agree to comply with all applicable laws and regulations of the United States . The material provided on the Site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. APT Sports makes no representation that materials contained in the Sited are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Site are: © 2014.
APT Sports respects and understands consumers’ concerns about the privacy of their personal information. APT Sports is a leading company that understands the need to treat consumers’ information in a responsible manner. This Privacy Statement explains APT Sports’s commitment not only to your privacy, but to you as a valued customer. To that end, we have created this Privacy Statement to explain the types of personal and non-personal information we collect through the website APTSupps.com. We will discuss how we use this information and to whom and under what circumstances we disclose such information.
By using this Site, you agree, without limitation, to the practices described in this Privacy Statement and the Site’s Terms of Service. If you do not agree to the terms of this Privacy Statement or our Site’s Terms of Service, please do not visit our Site.
In general, we may collect personal information from visitors to the Site if they (1) sign up to receive newsletters; (2) contact us (including our Webmaster, customer service representatives, or other employees); (3) complete a registration form, survey, or poll; (4) participate in a sweepstakes or contest; (5) make product or service inquiries; (6) purchase products, or (7) participate in the interactive diet and training portion of our Site. In connection with these activities, we may collect personal information, including, but not limited to, name, mailing address, e-mail address, telephone number, age range, birth date, gender, username, password, credit card number, credit card expiration date, photographs, occupation, social security number, other unique identifiers, income range, religion, ethnicity, height, weight, bodyfat percentage and measurements, areas of interest, fitness goals and exercise patterns, weight-training regimen, eating patterns and food preferences, blood pressure, glucose level, cholesterol and triglyceride levels, medical conditions, medication and supplement use, smoking habits, food allergies or intolerances, level of water intake, experience with other diet programs, and other demographic information. We may combine visitors’ personal information with information that we collect from other online and offline sources. This information may include, for example: (1) information we receive from visitors when they call us, redeem coupons or complete our surveys or other forms; (2) information visitors submit to us at our retail locations or special events; and (3) updated contact and other information about our visitors that we may receive from third parties.
Visitors to our Site are always free to decline cookies, but in doing so, they may not be able to use certain features on our Site. The “Help” segment of the toolbar on most browsers explains how to configure a browser to not accept new cookies, how to have the browser inform users when they receive a new cookie, and how to erase cookies from their hard drives.
We may also use Web beacons to track information about visitors after they leave the Site, to access cookies, to count page visits, as part of our e-mail campaigns, and to otherwise facilitate visitors’ online experience. In addition, we may contract with third parties that place cookies, Web beacons, or other tools on our site to assist us in collecting non-personal information about our visitors.
We may combine the non-personal information that we collect with the personal information that we collect about our visitors.
USE OF INFORMATION
We may use personal information collected from visitors to our Site for any of the following purposes: (1) to fulfill product orders and requests for information about certain products and services; (2) to contact visitors to our Site when necessary (e.g., to respond to inquiries); (3) to send information, promotional materials, and newsletters from our company; (4) to administer contests and sweepstakes offered on our Site; (5) to administer the interactive diet and training portion of our Sites; (6) to help address problems with our Site; (7) to conduct internal reviews of our Sites (e.g., to determine the number of visitors to specific pages within the Site); (8) to help us better understand visitors’ use of our Site; (9) to protect the security or integrity of our Site; (10) to conduct market research; (11) to customize our Site or marketing communications for our visitors and customers; and (12) to help us provide better service to our visitors and customers. Non-personal information will be used for these purposes as well as for conducting internal reviews and monitoring of our Site and providing a greater online experience for our visitors.
DISCLOSURE OF INFORMATION
We may transfer or otherwise disclose information collected from visitors to our Site for the following purposes: (1) to APT Sports’s employees, independent contractors, subsidiaries, affiliates, consultants, business associates, service providers, and suppliers, if the disclosure will enable that party to perform a business, professional, or technical support function for APT Sports; (2) as necessary if APT Sports has reason to believe that such disclosure is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with our rights and property, other users of our Site, or anyone else who could be harmed by such activities; (3) to announce winners of sweepstakes and contests; (4) to announce the results of surveys and polls; (5) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (6) as provided for under the “Unforeseen Circumstances” section below.
Our Site is not directed toward, nor do we knowingly collect any personal information from, children under 13.
THIRD-PARTY WEB SITES
Our Site may contain links to other third-party web sites, which may have Privacy Policies/Statements that differ from our own. We are not responsible for the activities and practices that take place on these web sites.
In the event that APT Sports or any of its assets are acquired by a third party, personal information acquired by us may be one of the assets transferred.
CHANGES TO THIS PRIVACY STATEMENT
There may be times when we need to amend, modify, remove, or change various aspects of this Privacy Statement, and we reserve the right to do so at our discretion. We recommend that you revisit this Privacy Statement periodically to ensure that you are aware of our current privacy practices. Your continued use of our service following any changes signifies your acceptance of these changes.
We maintain physical, electronic, and procedural safeguards to protect the personal information you provide to us.
If you have any questions about this Privacy Statement or the practices or activities associated with our Site, or if you’d like to have access to or correct your personal information in our database(s) or remove yourself from our database(s), please contact us through our contact form.