PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS OF USE (HEREIN REFERRED TO AS THE "USER AGREEMENT") APPLY TO ALL PAGES OF THE APEX NUTRITION WEBSITE. USERS ARE THUS ENCOURAGED TO FAMILIARIZE THEMSELVES WITH THIS DOCUMENT.

TERMS AND CONDITION OF SALE, TERMS AND CONDITION OF USE

BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY APEX NUTRITION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

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 the Site. These terms and conditions are subject to change without prior notice at any time, at the sole discretion of APEX NUTRITION. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer 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 Apex Nutrition (References to "you" or "your" shall relate to a customer of Apex Nutrition or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "Apex Nutrition" shall relate to Apex Nutrition and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("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. If you do not agree to this User Agreement, as it may be changed by Apex Nutrition from time to time, do not use this Site. The material provided on this Site is protected by law. This Site is controlled and operated by Apex Nutrition from its offices within Canada. Apex Nutrition makes no representation that materials in the Site 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 Site 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 Site and the materials contained herein is governed by the laws of the province of Ontario without regard to conflict of law rules. You consent to jurisdiction of the federal and provincial courts located in Ontario to hear any such claims.

USE RESTRICTIONS

The copyright in all material provided on this Site is held by Apex Nutrition or by the original creator of the material. 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 Apex Nutrition or the copyright owner.

Permission is granted to display, copy, distribute and download the materials on this Site 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 Apex Nutrition's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site 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 manufacturers.

PRIVACY

Please review our Privacy Notice, as it also governs your visit to 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 are under 18, you may use the Site only with a parent or guardian. Apex Nutrition reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

APEX NUTRITION TERMS AND CONDITIONS OF SALE

PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.

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 APEX NUTRITION. 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 Apex Nutrition. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "Apex Nutrition" shall relate to Apex Nutrition 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 the Site 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 Apex Nutrition relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Apex Nutrition. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving 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 Apex Nutrion's customer service. 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 and our invoice shall control.

Apex Nutrition reserves the right to cancel, ammend and/or refund orders placed without prior consultation. Also, all sales is final.

ORDERS; PAYMENT TERMS; TAXES

Orders are not binding upon Apex Nutrition until accepted by Apex Nutrition. Prices listed on the site are indicated as an invitation to treat, without prejudice, and are not contractually binding. Terms of payment are within Apex Nutrition's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Apex Nutrition may invoice parts of an order separately. The Customer is responsible for sales and all other taxes associated with the order.

LIMITATION OF LIABILITY

APEX NUTRITION WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. APEX NUTRITION WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, APEX NUTRITION IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES

All prices are in Canadian Dollars and valid only in our online Store. Product availability, pricing, and promotions are subject to change without notice.

The information on this web site is not intended to be a substitute for advice from your doctor or your health care practitioner. You should never ignore medical advice from your healthcare professional or delay in seeking such advice because of information obtained from this site. You should always consult with your doctor or your healthcare practitioner, and read all information provided by the manufacturer of a product on or in any product label or packaging, before taking any dietary, nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Apex Nutrition is not responsible for any typographical errors or misprints.

GOVERNING LAW

THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE ONTARIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR PROVINCIAL COURTS LOCATED IN CANADA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

TITLE; RISK OF LOSS

Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

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 Canada. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.