These Terms of Use ("Terms") form an agreement between you ("you" or "your") and Athletic Propulsion Labs ("APL, "we," or "us") and govern your use of (1) our website athleticpropulsionlabs.com and any other website owned or operated by Ameris Bank that links to these terms (the "Site" ), (2) your purchase of products offered for sale on the Site, (3) your communications between us and you, and (4) all features, content, functionality, and tools made available on or through the Site.

READ THESE TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH THE SERVICES, INCLUDING AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER.

ATTENTION: PLEASE READ THESE WEB SITE TERMS CAREFULLY BEFORE USING THIS WEB SITE, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH THE SERVICES, INCLUDING AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER.

Acceptance. BY ACCESSING AND USING THE SITE OR MAKING ANY PURCHASE THROUGH OUR SITE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE. If you do not agree to these Terms, you must (i) not access or use the Site, or (ii) discontinue any access or use of the Site. Your failure to comply with the Terms may result in the suspension or termination of access to the Site and may subject you to civil and criminal penalties.

Use of Site. APL authorizes you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. The entire content of the Site, including any images or text, is copyrighted and may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, or otherwise used except as provided herein without the express prior written permission of APL. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. All product names, regardless of whether or not they appear in large print or with the a trademark symbol, are trademarks of APL, its affiliates, related companies, or its licensors or joint venture partners unless otherwise noted. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. APL also reserves the right to terminate your authorization to use any services at the Site and to delete any one or more of your related accounts immediately and at any time if you breach or threaten to breach any of these Terms.

Use of Information and Materials. The information and materials contained in these pages are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by the entity providing such products or services and the provision of such products or services is not an obligation of or guaranteed by APL unless APL is identified as the entity providing such products or services. The Site has been designed to provide general information about APL, our products, and related information. These pages are not intended to provide instruction on the appropriate use of products produced, supplied or under development by APL, its affiliates, related companies, or its licensors, joint venture partners or other companies. APL shall not be held responsible for any action taken that is based on the information presented on the Site, and all users of the Site agree that all access and use of the Site, and any and all content presented on the Site, is at the user’s own risk.

Cookies and Automatic Data Collection Technologies. Our website incorporates the use of third-third party technologies, including cookies and other tracking technologies to enhance user experience, assess user audience, assist with advertising and marketing, and to analyze performance and traffic on our Website ("Cookies"). Cookies and related information collected about your use of our Website may be shared with our social media, advertising and analytics partners. You may manage your preferences for certain non-essential Cookies through our cookie preferences tool. For more information about our use of Cookies and how we may share information with third parties, please see our Privacy Policy and our Cookie Policy.

Recording Communications. By using the communication features of this Site, including but not limited to chat functions, contact forms, forums, or any other interactive services, you acknowledge and agree that APL may record, monitor, and retain copies of all such communications and related content. These recordings and any information derived from them may be used by APL for purposes including, but not limited to, quality assurance, training, security, compliance, and to improve our services, in accordance with our Privacy Policy.

Links To Other Web Sites. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. APL has not reviewed these third party sites and does not control and is not responsible for any of these sites or their content. Thus, APL does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer. NEITHER APL NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS’ ACCESS, USE, OR INABILITY TO USE THE APL WEB SITE OR ANY WEB SITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, NEITHER APL NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNTS PAID BY YOU TO APL IN CONNECTION WITH A PURCHASE MADE ON THIS SITE IN THE LAST THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE CONTENT PROVIDED AT THIS SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. APL further does not warrant the accuracy and completeness of the content at this Site. APL may make changes to the materials and services at this Site at any time without notice. The materials and services at this Site may be out of date and APL makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your location. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Customer Communications. We welcome your comments and feedback. Visitors may post reviews, comments, photos, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but APL does not regularly review posted content. All communications and comments submitted to athleticpropulsionlabs.com are non-confidential. APL reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications. All comments, feedback, suggestions and submissions shall be and remain APL property.

Product Availability. Some of the products displayed on the Site may not be available at the time of your search or desired purchase. Any prices listed in the Site are quoted in U.S. dollars.

Promo Codes. From time to time, we may provide Promo Codes that can be used to reduce the price of specified products. Each Promo Code has its own terms, which will be made clear at the time it is issued (e.g. what products, single/multiple use, when it can be used and by what buyers, etc). If we think there is or has been misuse of a Promo Code in any way (e.g. selling it or sharing it with others), we can cancel the Promo Code(s) and any associated order(s) with or without informing unintended discount buyer(s). We don’t like to do this, but if a Promo Code can't run properly because someone or something is spoiling the fun for everyone – e.g. fraud, tampering, technical errors or anything else beyond our control that affects the running or fairness of Promo Code(s) – we reserve the right to cancel, modify or suspend said Promo Code(s).

Accuracy. Though we strive for accuracy, occasionally, the information at athleticpropulsionlabs.com may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We hope this will not cause you undue inconvenience.

Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.

Your Account. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you think that anyone else has obtained unauthorized access to your account, please contact us immediately. While we do sell products for children under 18, we only make these sales to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use athleticpropulsionlabs.com only with involvement of a parent or guardian. We may refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Your purchases. Except where noted otherwise, the price displayed for products on our Site represents the full retail price, not including sales taxes or shipping charges. We cannot confirm the total cost (price plus tax and shipping) of an item until you order; however, we do not charge your credit card until after you have had an opportunity to review and approve the total cost. Despite our best efforts, a small number of the items in our web catalog may be mispriced. If an item's correct price is higher than our stated price, we will either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Risk of Loss. All items purchased from APL are made pursuant to a shipment contract. We interpret this to mean that the risk of loss and title for such items pass to you when the carrier delivers it to the designated address.

DISPUTE RESOLUTION AND GOVERNING LAW.

Disputes. The terms of this Section shall apply to all Disputes (defined below) between you and APL. For the purposes of this Section, "Dispute" shall mean any dispute, claim, controversy or action between you and APL arising under or relating to your use of the Site, these Terms, our products, or any other transaction involving you and APL, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND APL AGREE THAT "DISPUTE" AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY APL FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF APL.

Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to APL at Contact Us within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

Dispute Notice. In the event of a Dispute, you or APL must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the "Dispute Notice"). The Dispute Notice to APL must be addressed to Athletic Propulsion Labs, LLC, 9701 Wilshire Blvd. Suite 1000, Beverly Hills, CA. 90212 ("APL Notice Address"). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If APL and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or APL may proceed to mediation as articulated in this Section. You and APL will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.

Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this section.

Binding Arbitration. In the event mediation is unsuccessful, you and APL agree: (1) to arbitrate all Disputes between you and APL pursuant to the provisions of these Terms; (2) memorializes a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination of these Terms.

Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND APL AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND APL AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

MASS ACTION WAIVER. You and APL agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and APL expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. "Mass Action" includes instances in which you or APL are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or APL’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or APL from participating in a mass settlement of claims.

Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iv) whether claimants are barred from proceeding with a Mass Action; (v) any dispute relating to the representation of the same claimant by multiple law firms; (vi) any dispute regarding discovery common to all claims; and (vii) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice help@athleticpropulsionlabs.com. APL may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.

Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration.

Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Hearing Format. Unless otherwise agreed, the arbitration shall take place in Los Angeles, California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by APL or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or APL is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

Arbitration Fees. APL will pay, or (if applicable) reimburse you, for all AAA (as applicable) filing, administration, and arbitration fees for any arbitration commenced by you or APL pursuant to these Terms. You are responsible for all additional costs that you incur in the arbitration, including, without limitation, fees for attorneys or expert witnesses.

Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and APL agree that if APL makes any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms, APL will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the APL Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.

Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms. Applicable Laws. This Site is administered by APL from its offices in Beverly Hills, California and this Site and these Terms (including without limitation the validity, construction and performance of duties related to the Terms, and any arbitrable Dispute) will be governed by and construed in accordance with the laws of the United States of America and more particularly the laws of the State of California without giving effect to any principles of conflicts of laws. APL makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within one year of when the cause of action or claim accrued.

Note: Anyone linking to APL's web site must comply with the Guidelines for Linking to APL's web site and all applicable state, federal, local and international laws. We regard the use of our registered and unregistered trademarks and service marks in metatags and/or hidden text as trademark infringement, and treat the use of these terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.

General. APL may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the site;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

APL’s Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:

Athletic Propulsion Labs, LLC
9701 Wilshire Blvd. Suite 1000
Beverly Hills, CA. 90212
Effective: March 16, 2010

Guidelines for Linking to APL's Web Site

ATTENTION: LINKING TO APL'S WEB SITE INDICATES THAT YOU ACCEPT APL'S WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS (TERMS) AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS WEB SITE.

If you link to APL's web site, you agree that you at all times may link to, but not replicate, APL content. In addition you:

Shall not frame or otherwise create a browser or border environment around APL content

Shall not imply that APL is endorsing you or your product

Shall not misrepresent your or your sites relationship with APL

Shall not present false, misleading or inaccurate information APL or APL's products or services on your site or otherwise

Shall not use the APL logo without express prior written permission from APL

Shall not include content on your site that is or could be construed as illegal, distasteful, offensive or controversial, and shall include on your site only content that is appropriate for all age groups

Shall not link to an internal or subsidiary page of APL's web site that is located one or several levels down from the home page or bring up or present content of this site on another site without APL's prior written permission.

Shall not be configured in a way that would preclude the user from going back to the host (APL) site using the back button on the browser.