THIS AGREEMENT GOVERNS YOUR USE OF AND ACCESS TO THE WEBSITE LOCATED AT http://www.theapexbooty.org (“SITE”) AND YOUR PURCHASE OF PRODUCTS FROM THE SITE (“MERCHANDISE”). You must be at least 18 years old or the age of majority in your jurisdiction or state of residence to purchase items from the Site.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. WE RECOMMEND THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE SITE.
Questions? Contact at http://www.theapexbooty.org toll-free at +1-800-344-8139 or email@example.com, Monday through Friday 24 Hours, and Saturday and Sunday 5:00AM to 6:00PM PST.
Trial Terms and Automatic Monthly Shipment Subscription Plan
Upon signing up for a trial, you will be sent a 30-day supply of Apex Booty, be granted access to our health and weight loss portal, which includes diet and health e-books and videos, and the payment card you provide at the time of checkout will be charged a shipping and handling fee.
Unless you cancel by no later than 14 days from the day you place your order, you will automatically be charged the full purchase fee (89.99), 14 days from the day you place your order, and you will be enrolled in our recurring shipment plan (“Subscription Plan”). You will be sent a 30-day supply about every 30 days thereafter, and you will be charged 89.99 plus applicable taxes to the same card that you used at the time of your order, until you cancel. You acknowledge and agree that your enrollment in the Subscription Plan constitutes preauthorization to be charged for each installment, and this site will not obtain additional authorization from you after today for charges to your credit card or debits made from your debit card account. You are solely responsible for any overdraft charges or fees you incur resulting from any purchase you make of any Merchandise, and enrollment and continued participation in the Subscription Plan.
If you contact customer service to terminate your trial enrollment within 14 days of the day of your purchase, you will not receive any additional product and you will not be charged anything else or receive further shipments.
You can cancel your Subscription Plan at any time by simply contacting customer service by calling +1-800-344-8139. If you are trying to cancel outside of the customer care hours of operation (Friday Open 24 Hours PST, Saturday and Sunday 5:00AM to 6:00PM PST) you may submit a to cancel by email to firstname.lastname@example.org
YOU UNDERSTAND THAT THE PURCHASE OF A SUBSCRIPTION PLAN INVOLVES A NEGATIVE OPTION, AND THAT YOU ARE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT IF YOU MAKE A PURCHASE AND FAIL TO NOTIFY Apex Booty Corporation NOT TO SUPPLY THE MERCHANDISE DESCRIBED. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST THE CREDIT CARD OR DEBIT CARD YOU PROVIDE UNLESS YOU CANCEL.
If you decide to cancel at any time during the monthly auto-ship program and are requesting a refund, you must call +1-800-344-8139.
Orders are generally shipped using the U.S. Postal Service. Theapexbooty.org does not guarantee specific arrival dates or times. This does not refund or credit shipping or processing charges.
Your use of the Site for any illegal or unauthorized purpose is expressly prohibited. You represent and agree to provide true, accurate, current and complete information about yourself. You must not violate or infringe any of our intellectual property, including any copyright or trademark. Errors on the Site may be corrected when discovered, and we reserve the right to revoke any stated offer to correct any errors or inaccuracies.
Disclaimer of Warranties and Limitation of Liability
Representations; Merchandise Disclaimers
You understand that you should not use the information on the Site to diagnose or treat any health problems or illnesses without consulting your doctor or physician. You further understand that the Merchandise is not intended for use by persons under 18 years of age and the Merchandise is not intended or to be used to treat any type of medical condition.
Apex Booty Corporation does not warrant or represent that the Merchandise will provide you with any particular benefits, or that your results will match those of others who consume the Merchandise. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen.
Dispute Resolution by Binding Arbitration and Class Action Waiver
If any Dispute cannot be resolved informally, we each agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim relating to or contesting the validity of the our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
You shall have thirty (30) days from the date that you submit your personally identifiable information to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at http://www.theapexbooty.org, 8315 Terrapin Trl, Colorado Springs, CO 83119. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.
You acknowledge and agree that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PRODUCTS OFFERED BY THE OPERATOR OF THE SITE.
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.
If you have questions regarding this Site or if you are interested in obtaining more information concerning http://www.theapexbooty.org please contact at +1-800-344-8139 or email@example.com , Monday through Friday Open 24 Hours PST, Saturday and Sunday 5:00AM to 6:00PM PST. We are closed on major US holidays.