Effective Date: July 1, 2000

Important Information About This Legal Contract:

You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing, or otherwise using this Website. These terms and conditions are subject to change without prior notice at any time, in the APOPTOSIS Nutraceuticals’ sole discretion. By visiting, browsing, shopping, accessing, or otherwise using this Website after a change has been posted to this Website, the Customer (you) accepts that change. Customers should check this User Agreement and the Privacy Pledge frequently.

Acceptance of Contract Terms:

This User Agreement, and all of its terms and conditions, constitute a legal contract between you and APOPTOSIS Nutraceuticals (References to “you” or “your” shall relate to a customer of the APOPTOSIS Nutraceuticals or other party that visits, browses, shops, accesses or otherwise uses this Website (the “Customer”); references to “APOPTOSIS Nutraceuticals” shall relate to APOPTOSIS Nutraceuticals and its affiliates.) By visiting, browsing, shopping, accessing, or otherwise using this Website (“Site”) you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by APOPTOSIS Nutraceuticals from time to time, please discontinue your use of this Website.

The material provided on this Website is protected by law, including, but not limited to, United States copyright law and international treaties. This Website is controlled and operated by APOPTOSIS Nutraceuticals from its offices within the United States. APOPTOSIS Nutraceuticals makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Website and the materials contained herein is governed by the Laws of the State of California without regard to conflict of law rules. You consent to the jurisdiction of the Federal and State Courts located in Los Angeles County, California to hear any such claims.

Access, Interference and Linking:

APOPTOSIS Nutraceuticals grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except as provided below under “Use Restrictions,” or with the express written consent of APOPTOSIS Nutraceuticals.

The following activities on this Website are expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of this Website or the content contained herein without prior written permission by the APOPTOSIS Nutraceuticals; collection or use of any product listings, descriptions, or prices, from this Website for the benefit of another merchant that supplies products competitive with or comparable to those offered on this Website; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on this Website, or otherwise interferes with its proper and timely functioning. Any unauthorized use terminates the license granted by APOPTOSIS Nutraceuticals.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray APOPTOSIS Nutraceuticals, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of the Designs, Designs’ Colors, Hermes Staff, APOPTOSIS Nutraceuticals Logo Fonts, Pictures, Logos, Trademarks, and Tradenames of the APOPTOSIS Nutraceuticals or other proprietary graphics or trademarks as part of the link without express written permission.

APOPTOSIS Nutraceuticals does not review or control third-party sites that link to or from this Website and is not responsible for the contents of any third-party sites linked to or from this Website.

Use Restrictions:

The copyright in all material provided on this Website is held by APOPTOSIS Nutraceuticals. Except as stated herein, none of the material 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 permission of the APOPTOSIS Nutraceuticals the copyright owner. Permission is granted to display, copy, distribute, and download the materials on this Website for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without APOPTOSIS Nutraceuticals prior written permission, “mirror” any material contained on this Website on any other server. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 

All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective providers. APOPTOSIS Nutraceuticals and the Circle of Service logo are trademarks of APOPTOSIS Nutraceuticals Copyright © 2000 APOPTOSIS Nutraceuticals.

Microsoft and the Passport Logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries and are used under license from Microsoft.

Limitation of Liability:

Under no circumstance including but not limited to negligence shall APOPTOSIS Nutraceuticals be liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to loss of data or profit arising out of the use or the inability to use the materials on this Website even if the APOPTOSIS Nutraceuticals or an APOPTOSIS Nutraceuticals authorized representative has been advised of the possibility of such damages.

Some States do not allow the exclusion or limitation of incidental or consequential damages. Therefore, the above limitations or exclusions may not apply to you.

Arbitration:

By accessing this Website and using the information herein available and/or by purchasing any products or services made available through this Website, you agree with the APOPTOSIS Nutraceuticals, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Website or through any other associated activity, that any claim or dispute under the user agreement and any claim or dispute that you may have against any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved exclusively and finally by binding arbitration under the Code of Procedure of ARBITRATION-FORUM.com (the “Code”) in effect at the time the claim is filed.

The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in BEVERLY HILLS, California. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Copyright Complaints:

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:

APOPTOSIS Nutraceuticals
Email: support@APOPTOSIS.us
Phone: 310.858.7006

Terms and Conditions of Sale:

Please read these Terms and Conditions of Sale (“Sale Agreement”) very carefully.

If you disagree with any of the terms and conditions of Sales in this User Agreement, please do not visit, browse, shop, access or otherwise use this Website. The customer agrees to be bound by this Sale Agreement and accepts its Terms and Conditions (unless the customer has signed a separate formal purchase agreement with the APOPTOSIS Nutraceuticals in which case the separate agreement shall govern).

Important Information About This Legal Contract

This Sale Agreement is a legal contract between the Customer and the APOPTOSIS Nutraceuticals. Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on this Website. (References to “you” or “your” shall relate to the Customer; references to “APOPTOSIS Nutraceuticals” shall relate to APOPTOSIS Nutraceuticals and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on this Website at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and APOPTOSIS Nutraceuticals relating to the purchase or sale of goods or services on this Website. The Sale Agreement may only be modified or terminated with regards to goods or services that have been purchased or sold on this Website in writing signed by APOPTOSIS Nutraceuticals. Electronic records (including signatures), that are otherwise valid, shall be accepted under this Sale Agreement. The Customer consents to receive electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting APOPTOSIS Nutraceuticals by phone at 310.858.7006.

In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement shall prevail. 

Governing Law:

This agreement and any Sales hereunder shall be governed by the Laws of the State of California without regard to conflicts of laws rules. The Customers consents to the jurisdiction of the Federal or State Courts located in Los Angeles County, California for purposes of any suit, action, or proceeding arising out of this Sale Agreement.

Title and Risk of Loss:

Title to goods herein being purchased is retained by APOPTOSIS Nutraceuticals, until goods are paid for by the customer and at that time title passes to the customer (purchaser). Loss or damage that occurs during shipping by a carrier selected by APOPTOSIS Nutraceuticals is the responsibility of APOPTOSIS Nutraceuticals. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.

Export Sales:

If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the Federal Government certain export documentation before shipping to a foreign country. In addition, manufacturers’ warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased in United States.

General Legal Disclaimer:

APOPTOSIS Nutraceuticals hereby expressly disclaims all warranties either expressed or implied, including without limitation any warranty of merchantability or fitness for a particular purpose. This disclaimer by APOPTOSIS Nutraceuticals in no way affects the Terms of the manufacturer’s warranty, if any.

Internet Disclaimer:

Internet connectivity requires access services from an Internet access provider. Please contact your local access provider for rates, terms and conditions.

Pricing and Information Disclaimer:

All prices are subject to change. For all prices, products and offers APOPTOSIS Nutraceuticals reserves the right to make the necessary adjustments due to changing market conditions, product discontinuation, raw material price changes, manufacturer price changes, errors in advertisements and other extenuating circumstances. Prices for orders of over 1,000 to 10,000 units or greater per item could be negotiated.

While APOPTOSIS Nutraceuticals hereby uses reasonable efforts to include accurate and up-to-date information on this Website, APOPTOSIS Nutraceuticals makes no warranties or representations as to this Website’s accuracy. APOPTOSIS Nutraceuticals assumes no liability or responsibility for any errors or omissions in the content of this Website.

Orders; Payment Terms; Interest and Taxes:

Orders are not binding upon APOPTOSIS Nutraceuticals until accepted by APOPTOSIS Nutraceuticals. Terms of payment are within APOPTOSIS Nutraceuticals’ sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice.

APOPTOSIS Nutraceuticals may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for Sales Tax and all other Taxes associated with their order.

Freight Policy:

Shipping and handling charges on all orders vary; Please contact APOPTOSIS Nutraceuticals at support@APOPTOSIS.us for our most current rates, options and shipping specials. For our Customer’s protection, we ship only to the verified shipping address provided by the Customer.