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Terms of Use

Athletic Propulsion Labs (“APL, “we,” or “us”) web site terms of use and legal restrictions

ATTENTION: PLEASE READ THESE WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.


Use of Site. APL authorizes you to view and download the materials at this Web site (“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.

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 DIRECT, 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. 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.

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.

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) 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.